- March 2010
- Many Nonprofit Programs Hold Even or See Gains in Obama’s 2011 Budget
- Congress Passes Plan to Encourage Cash Donations for Haiti Relief
- Budget Plan Revives President’s Call for New Charitable-Deduction Limits
- Supreme Court Campaign-Finance Ruling Could Aid Nonprofit Advocates
- Obama’s $50-Million Fund to Spur Innovation Gets Underway
- Senate and House Pass Jobs Bills with Tax Credits for Non Profit Employers
- Fundraisers Challenging Utah’s Registration Requirements
- Notre Dame Gets First Property Tax Bill from Indiana County
- Court Rejects Texas Rules on Solicitation Disclosure
- States and Local Governments Considering Taxing Non Profits
- Arizona Takes Donor’s Gift
- MA Non Profits May Lose Out Following Madoff Case Ruling
- IRS Gives Haiti Special Disaster Status
- Recent Estate-Tax Changes Did not Make Big Difference to Charitable Gifts
- IRS Adjusts Levels for Nominal Value Premiums
- Postal Service May Increase Rates and Reduce Service
- All Pages
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Fundraisers Challenging Utah’s Registration Requirements
A judge has rejected the state of Utah’s request to dismiss a lawsuit challenging its jurisdiction over professional fundraisers who do not do business in the state.
The American Charities for Reasonable Fundraising Regulations (ACFRFR) and Highland, N.Y. based Rainbow Direct Marketing (RDM) field suit in November 2008 against the Utah Division of Consumer Protection, Department of Commerce, alleging burdensome registration requirements for out-of-state fundraisers.
Despite RDM not having any clients or any connections to Utah, the state required the company to register in Utah because its client registered to solicit in the state. RDM planned to make list recommendations to its client but never actually knew where donors or prospects were located.
Plaintiffs argue that the failure to register could bring administrative action by the state against RDM when its client renewed its registration. The state now must answer ACFRFR’s complaint before the discovery phase of the case begins.
When the lawsuit against Utah was filed last year, ACFRFR also engaged other states about their registration requirements. The coalition was able to get assurance from Oregon and North Dakota that they would not enforce requirements on fundraisers who do not direct business within the state. ACFRFR is ready to file suit in two other states.