Chapter 68 of the General Laws is hereby amended by striking out section 23 and inserting in place thereof the following section:-
(a) Solicitations by professional solicitors and solicitations by commercial co-venturers shall contain, at the beginning of any solicitation, the following disclosures: (1) the name, address and telephone number of the charitable organization and a description of how the contributions raised by the solicitation will be utilized for charitable purposes, or if there is no charitable organization, the name, address and telephone number of the professional solicitor or commercial co-venturer and a description of how the contributions raised by the solicitation will be utilized for charitable purposes; (2) a statement that the solicitation is being conducted by a paid fundraiser; (3) the guaranteed minimum percentage of the gross receipts from fund-raising that will be utilized exclusively for the charitable purposes described in the solicitation and the percentage of the funds solicited that are spent on the costs of fundraising; and (4) such other disclosures as required by relevant rules and regulations promulgated under section 29. For purposes of this section, costs of fundraising shall include all money directly expended on fundraising and that portion of all administrative expenses and salaries of the charitable organization attributable to fundraising activities.
(b) If the solicitation is for advertising, the disclosure shall also include the geographic distribution and the circulation of the publication in which the advertising will appear.
(c) A violation of this section shall constitute a violation of chapter 93A and any aggrieved person may bring a civil action for injunctive relief or damages in a court of competent jurisdiction for such violation.
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