N.J. Admin. Code § 13:48-13.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:48-13.2 - Unlawful acts and practices; misconduct

(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.

N.J. Admin. Code § 13:48-13.2

Amended by R.2005 d.70, effective 2/22/2005.
See: 36 New Jersey Register 4370(a), 37 New Jersey Register 618(a).
In (a), added a new 7 and recodified former 7 through 11 as 8 through 12.