New Jersey § 45:17a-32

§ 45:17a-32.

a. Any statement, whether oral or written, made by a charitable organization, or on

behalf of a charitable organization by persons including, but not limited to commercial

co-venturers, fund raising counsels, independent paid fund raisers or solicitors shall

be truthful. b. A charitable organization shall establish and exercise control over fund raising

activities conducted for its benefit, including approval of all written contracts

and agreements, and shall assure that fund raising activities are conducted without

coercion. c. The following acts and practices are declared unlawful as applied to the planning,

conduct, or execution of any solicitation or charitable sales promotion: (1) To misrepresent 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. A misrepresentation may be accomplished by words or conduct; (2) To violate or fail to comply with any of the applicable provisions of this act

or the rules adopted under authority of this act; (3) To violate or fail to comply with any of the applicable provisions of the consumer

fraud law, P.L.1960, c. 39 ( C.56:8-1 et seq. ) or the regulations adopted pursuant to that act; (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 R.S.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 utilize or exploit registration so as to lead any person to believe that registration

constitutes or implies an endorsement or approval by the State; (6) To distribute any form of membership badges, shields, 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 communications that, although literally

true, are presented in a manner that has the capacity to mislead the average consumer; (8) To utilize a name, symbol or statement so closely related or similar to that used

by any organization that is affiliated with, related to, recognized by or organized

for the benefit of emergency service employees, officers statutorily authorized to

enforce the criminal laws of this State, or a governmental agency in such a way that

its use would tend to confuse or mislead a solicited person or to create the erroneous

belief that the contributions are solicited by or on behalf of an organization affiliated

with, related to, recognized by or organized for the benefit of emergency service

employees, officers statutorily authorized to enforce the criminal laws of this State,

or a governmental agency; (9) To utilize a name, symbol or statement that misrepresents the geographic origin

or location of a charitable organization or its intended beneficiaries; and (10) To engage in other unlawful acts and practices as may be determined by rules adopted

by the Attorney General. d. It shall be unlawful for any charitable organization , fund raising counsel, independent paid fund raiser or commercial co-venturer to enter into any contract with any person who is required to have registered and

failed to do so. e. It shall be unlawful for any person to represent that tickets to events will be

donated by another, unless the following requirements have been met: (1) The fund raising counsel or independent paid fund raiser shall obtain 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; (2) 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 (3) The number of tickets sold will not be greater than the number of seats available

at the facility for each event or performance.