Current with changes from the 2024 Legislative Session
Section 6-509 - Failure to comply with charitable contribution requirements(a) The only persons liable under this section are:(1) charitable organizations;(2) charitable representatives; and(3) officers, directors, partners, or trustees of charitable organizations or charitable representatives.(b) Except as provided in subsection (d) of this section, a person who willfully fails to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:(1) actual damages that the donor sustains because of the failure;(2) punitive damages that the court allows, not exceeding 3 times the actual damages; and(3) reasonable attorney's fees and costs of the action, if damages are awarded.(c) Except as provided in subsection (d) of this section, a person who is grossly negligent in failing to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:(1) actual damages that the donor sustains because of the failure; and(2) reasonable attorney's fees and costs of the action, if damages are awarded.(d) A person is not liable under this section if the person establishes by a preponderance of the evidence that, at the time of the failure to comply with a requirement under this title, the person followed reasonable procedures to comply.