Chapter 68 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after Section 23 the following Section:
Any Person, Professional Fundraising Counsel, Professional Solicitor, or any party who solicits charitable donations for profit in any way, as defined in Section 18 of Chapter 68 of The General Laws, must comply with the guidelines of this Section if the final amount of money that the charity that they have contracted with receives is less than or equal to 40% of their total donations:
1. All for profit solicitors as defined by Section 18 of Chapter 68 of The General Laws shall keep recordings of all calls made or letters sent for the purpose of soliciting funds pursuant to Section 18. The recordings of the phone calls shall be kept on file with the company for a period of not less than 180 days. At any point during this 180 day period these recordings shall be subject to audit and inspection by the Attorney General’s Office. Furthermore, all solicitors working pursuant to Chapter 68 of The General Laws shall be subject to civil liability pursuant to Chapter 93(A) of the General Laws for any violation of this Section.
2. Any solicitor certified under this Section 18 MUST state to any potential donor, either verbally or in writing, that they are “SOLICITING MONEY for Profit” and that they are “NOT AN EMPLOYEE of said Charity” or in any way a member of the charity for which they solicit funds. All solicitors working pursuant to Chapter 68 of The General Laws shall be subject to Civil Liability Pursuant to Chapter 93(A) of the General Laws for any violation of this Section
3. Any solicitor certified under this Section 18 who represents themselves, either verbally or in writing, to be a police officer, fireman, teacher, doctor, nurse, emergency medical technician, clergy member, or any member of a charitable organization for which they have contracted with shall be subject to civil penalties pursuant to 93(A), criminal prosecution pursuant to Section 23 of Chapter 268 of The General Laws, or both.
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