Colorado § 6-16-105.3 - Solicitations by telephone.

§ 6-16-105.3. Solicitations by telephone.

(1) In addition to any other disclosure required for solicitations by telephone under section 6-16-105, a paid solicitor who makes an oral solicitation to any person by a telephone call received in Colorado regarding a charitable contribution shall make the following oral disclosures as part of the telephone solicitation:

(a) A statement that the person soliciting the charitable contribution by telephone is paid to make such solicitation;

(b) The name of the telemarketing company that employs the paid solicitor;

(c) The name and telephone number of the charitable organization on whose behalf the paid solicitor is making the solicitation;

(d) (Deleted by amendment, L. 2001, p. 1247, § 5, effective May 9, 2002.)

(d.5) The first name and surname of the paid solicitor, which must be given in the opening greeting;

(e) A statement, which must be made prior to the person's agreement to make a contribution, that the charitable contribution is not tax deductible, if such is the case;

(f) Upon request by a person from whom a charitable contribution is sought, the percentage of the contribution that will be paid to the charitable organization as a result of such person's contribution; and

(g) Upon request by a person from whom a charitable contribution is sought, the registration numbers of the charitable organization and the paid solicitor.

(2) A volunteer as defined in section 6-16-103 (12) who makes an oral solicitation to any person by a telephone call received in Colorado regarding a charitable contribution is subject to the disclosure required under paragraph (e) of subsection (1) of this section.

(3) Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening any state or federal law or regulation regarding charitable solicitations.

Source: L. 97: Entire section added, p. 404, § 1, effective July 1. L. 2001: (1)(d) amended and (1)(g) added, p. 1247, § 5, effective May 9, 2002. L. 2012: IP(1) and (1)(e) amended and (1)(d.5) added, (HB 12-1236), ch. 133, p. 458, § 4, effective January 1, 2013.

ANNOTATION

The disclosure mandated by subsection (1)(d) is unconstitutional. Subsection (1)(d) violates the first and fourteenth amendments to the United States Constitution. Nat'l Fed'n of the Blind v. Norton, 981 F. Supp. 1371 (D. Colo. 1997).

Subsection (1)(d) is not narrowly tailored to the general assembly's stated purpose of fraud prevention. The state could publish or otherwise publicize the rights of donors to rescind telephone contributions, thereby educating the public without burdening the free speech rights of a specific category of charitable fundraisers, namely paid solicitors. Nat'l Fed'n of the Blind v. Norton, 981 F. Supp. 1371 (D. Colo. 1997).

By mandating that only paid fundraisers tell donors they have three days to rescind their pledge, subsection (1)(d) harms and discriminates against only those charities that rely on paid fundraisers. Nat'l Fed'n of the Blind v. Norton, 981 F. Supp. 1371 (D. Colo. 1997).