Page 156 - Washington Nonprofit Handbook 2018 Edition

• The gross amount of the contributions pledged and the gross amount
collected.

• The amount retained and the amount given or to be given to
charitable organizations and the details of distribution.

• The aggregate amount paid and to be paid for solicitation expenses.

• The amounts paid and to be paid to charitable organizations.

• Copies of annual reports. See WAC 434-120-255.

i. The Consumer Protection Act

CPA prohibits unfair and deceptive acts or practices. See RCW 19.86.020. The
CPA applies to fundraising activity regardless of whether the activity is covered by
the CSA, if the activity is in trade or commerce. Violations of the CSA are per se
violations of the CPA. See RCW 19.09.340.

Under the CPA, the attorney general may bring an action to enjoin unfair or
deceptive acts or practices, including acts prohibited by the CSA. The court may
award civil penalties of up to $2,000 per violation. RCW 19.86.140. The court may
award attorneys’ fees to the prevailing party. RCW 19.86.080. A private litigant may
also bring an action under the CPA to enjoin unfair or deceptive acts or practices
and, in addition, the court may award treble damages. The court may award
attorneys’ fees to the prevailing party. See RCW 19.86.090.

CHAPTER 46. Charitable Solicitation Outside of Washington and Internet
Solicitations

a. Charitable Solicitation Laws in Other States

Most states require nonprofits who are asking for donations in their state to
register under the charitable solicitations law of that state. The rules of each state
are different. If a nonprofit organization is soliciting the public in a state outside of
Washington, the nonprofit should check the rules for the states they are asking for
donations in. Soliciting contributions in a state will trigger the state’s charitable
solicitation laws and require registration unless a specific exemption applies. The
solicitation may be through mail, email, internet, in-person, at fundraisers, or
through other fundraising methods.

WASHINGTON NONPROFIT HANDBOOK -145- 2018