New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 48 - CHARITABLE FUND RAISING
Subchapter 13 - VIOLATIONS
Section 13:48-13.2 - Unlawful acts and practices; misconduct
Universal Citation: NJ Admin Code 13:48-13.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following acts and practices are declared unlawful as applied to the planning, conduct, or execution of any solicitation or charitable sales promotion and shall be considered misconduct:
1. To misrepresent by words or conduct
any material fact to any person including, but not limited to, the purpose or nature
of the charitable institution or the purpose or beneficiary of a solicitation; to
solicit contributions for a purpose other than the charitable purpose expressed in
the statement of the charitable organization or expend contributions in a manner
inconsistent with that purpose, or to fail to disclose any material fact;
2. To violate or fail to comply with any of the
applicable provisions of the Act or the rules adopted under authority of the
Act;
3. To violate or fail to comply
with any of the applicable provisions of the Consumer Fraud Law (56:8-1 et seq.) or the rules adopted
pursuant to that Law;
4. To utilize a
name, symbol or statement so closely related or similar to that used by another
charitable organization and registered by that organization with the United States
Patent and Trademark Office or registered pursuant to
56:2-1 et seq., that its use would tend
to confuse or mislead a solicited person or to solicit contributions in a manner or
through representations that falsely imply or are likely to create the mistaken
belief that the contributions are solicited by or on behalf of another charitable
organization;
5. To lead any person to
believe that registration constitutes or implies an endorsement or approval by the
State;
6. To distribute honorary
membership or courtesy cards or cards of a similar nature identifying the
organization in connection with or in any manner related to the solicitation of
funds or contributions for or on behalf of the organization in the case of any
charitable organization that limits its membership to persons who are or formerly
were employed as officers statutorily authorized to enforce the criminal laws of
this State or that is a parent organization that includes local units that so limit
membership;
7. To utilize information,
statements or communication that, although literally true, are presented in a manner
that has the capacity to mislead the average consumer;
8. To enter into any contract with any person who:
i. Is required to have registered and failed to do
so; or
ii. Have had their registration
denied, suspended, or revoked;
9. To commence activity pursuant to a contract
before the Attorney General has been given the opportunity to review the contract
pursuant to 45:17A-22;
10. To permit a charitable sales promotion to be
conducted on behalf of a charitable organization unless the charitable organization
has obtained a written contract from the commercial co-venturer and given the
Attorney General the opportunity to review the contract pursuant to
45:17A-22;
11. To make a solicitation which represents that
tickets to an event will be donated for a charitable purpose, unless the following
requirements have been met:
i. The fund raising
counsel or independent paid fund raiser has obtained commitments, in writing and
notarized, from charitable organizations stating that they will accept donated
tickets and specifying the number of tickets they are willing to accept and for
which they are able to provide transportation; copies of such written commitments
shall be filed with the Attorney General;
ii. The independent paid fund raiser has taken
measures to prevent solicitation of contributions for donated tickets in excess of
the number of ticket commitments received from charitable organizations;
and
iii. The number of tickets sold will
not be greater than the number of seats available at the facility for each event or
performance; or
12. To
conduct a solicitation on behalf of, or in the name of, a charity without the
knowledge or consent of the charity.
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