GOVERNMENT OF THE DISTRICT OF COLUMBIA
Officeof the Attorney General
week
ese ana)
[ee
Ss
ATTORNEY GENERAL
KARLA. RACINE
December 12, 2019
ory 21 9306102
Siaa0
1393S
The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
John A. Wilson Building
3 AB
1350 Pennsylvania Avenue, N.W.
Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
1am writing to transmit the Charitable Solicitation Consumer Protection Amendment Act of
2019. This legislation would prohibit deceptive practices in the context of charitable
solicitation and give the Officeofthe Attorney General (OAG) enforcement authority with
respect to these practices. The bill would amend the District of Columbia Charitable
Solicitation Act, approved July 10, 1957 (71 Stat. 278; D.C. Official Code 44-1701 ef seq.)
to prohibit specific deceptive practices and make these actions unlawful trade practices
enforceable by OAG.
The Office of the Attorney General looks forward to working with the Council and other
stakeholders on this important measure. If you have any questions, your staff may contact
Deputy Attorney General for Legislative Affairs, James A. Pittman, at
James.Pittman@DC.Gov.
Sincerely,
Rat Q. Reacunr /by NOL
KarlA. Racine
Attorney General
441 Fourth Street NW, Suite 1100 South, Washington, DC 20001, (202)727-3400, Fax (202) 730-0484
 R8SeGaaness= SocwiudsHaene
at the request of the Attorney General
ABILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
seein
Chairman Phil Mendelson, at the request of the Attorney General, introduced the following bill,
which was referred to the Committee on
To amend the District of Columbia Charitable Solicitation Act to prohibit certain fraudulent
actions related to charitable solicitations and to make these actions unlawful trade
8 Pe
practices subject to the remedies and penalties in Chapter 39ofTitle 28 of the District of
Columbia Official Code; and to amend 28-3904 to make these actions unlawful trade
practices under that section.
R
23
24 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Charitable Solicitation Consumer Protection Amendment Act of2019.
Sec. 2. The District of Columbia Charitable Solicitation Act, approved July 10, 1957 (71
Stat. 278; D.C. Official Code 44-1701 ef seq.), is amended as follows:
(a) A new section 12a is added to read as follows:
Sec. 12a. (a) Whether or not any person is misled, deceived, or damaged thereby, the
30 following acts and practices are prohibited in the planning, conduct, or execution ofa charitable
31 solicitation:
32 (1) Using any unfair or deceptive acts or practices or engaging in any fraudulent
33 conduct that creates a likelihood of confusion or misunderstanding;
34 (2) Making any representation that implies that the contribution is for or on
35 behalf of
a charitable organization, or using any emblem, device, or printed matter associated
 witha charitable organization without first being authorized in writing to do so by the charitable
organization;
(3) Using a name, symbol, or statement so closely related or similar to that used
by another charitable organization or person that the use would tend to confuse or mislead a
person solicited;
(4) Misrepresenting or misleading a person in any manner that would lead the
a charitable organization or that
person to believe that the solicitation is being made on behalf of
the proceeds of the solicitation will be used for charitable purpose when this is not the case;
(5) Mistepresenting or misleading a person in any manner that would lead the
10 person to believe that another person sponsors, endorses, or approves the solicitation when the
u other person has not given written consent to the use of his or her name for this purpose;
12 (6) Misrepresenting or misleading a person in any manner that would lead the
2B person to believe that goods or services have sponsorship, approval, characteristics, ingredients,
14 uses, benefits or qualities that they do not have, or that a person has a sponsorship, approval,
15 status, affiliation, or connection that the person does not have;
16 (7) Representing directly or by implication that a charitable organization will
7 receive an amount greater than the net proceedsof a contribution reasonably estimated to be
18 retained by the organization for its use;
19 (8) Representing that a contribution is tax-deductible unless it so qualifies under
20 the federal internal revenue code;
21 (9) Representing that a person to whom asolicitation is made:
22 (A) Is under an obligation to make a contribution;
23 (B) Previously agreed to make a contribution when this is not the case;
 (C) Previously contributed to the same organization or for the same
purpose when the person has not so contributed;
(D) Will suffer an adverse effect on his or her credit rating if the person
fails to make a contribution; or
(E) Will receive favorable or unfavorable treatment from a government
entity based on whether or not the person makes a contribution.
(b) For the purposesofthis section, a representation or misrepresentation is any
manifestation or assertion by words or conduct, including a failure to disclose a material fact.
(c) The actions prohibited under this section shall constitute unlawful trade practices
10 pursuant to 28-3904..
IL (b) Section 13 (D.C. Official Code 44-1712) is amended by adding new subsections (c-
12 1) and (c-2) to read as follows:
13, (c-1) Violations of section 12a shall be subject to the remedies and penalties applicable
14 to unlawful trade practices pursuant to Chapter 39 of Title 28.
15 (-2) A person, non-profit organization, or public interest organization that brings an
16 action pursuant to 28-3905(k) for a violation of section 12a shall provide the Attorney General
7 with written noticeofthe action within 30 days after the initiationof the action in Superior
18 Court. The Attorney General may issue rules to implement this notice requirement..
19 Sec. 3. Section 28-3904 of the District of Columbia Official Code is amended by adding
20 a new subsection (kk) to read as follows:
21 (kk) violate anyofthe prohibitions in section 12a of the District of Columbia Charitable
22 Solicitation Act..
23 Sec. 3. Fiscal impact statement.
 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
impact statement required by section 602(c)(3) of the District ofColumbia Home Rule Act,
approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02()(3))..
Sec. 4. Effective date.
This act shall take effect following approval by the Mayor (or in the eventofveto by the
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of
Columbia Register.
10
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
xk *
KARL A. RACINE
ATTORNEY GENERAL
Legal Counsel Division
MEMORANDUM
TO: James Pittman
Deputy Attorney General for Legislative Affairs
FROM: Brian K. Flowers
Deputy Attorney General
Legal Counsel Division
DATE: October 15, 2019
SUBJECT: Legal Sufficiency Certification of the Charitable Solici
Consumer Protection Amendment Act of 2019
(AE-18-431)
This is to Certify that this oftice has reviewed the above-referenced
bill and has found it to be legally sufficient. If you have any questions regarding this
ication, please do not hesitate to contact me at 724-5524.
Brian K. Flowers
THS0 Pennsylvania Avenue, NAW, Suite 409, Was yaton, DC, 20004 (202) T2ESSDA (phone) (B02) 724-6160 (am)