In connection with any solicitation, each of the following acts and practices is prohibited:

(1)  stating or implying that registration constitutes endorsement or approval by the division or any governmental entity;

Terms Used In Utah Code 13-22-13

  • Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
  • Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
  • Material fact: means information that a person of ordinary intelligence and prudence would consider relevant in deciding whether or not to make a contribution in response to a charitable solicitation. See Utah Code 13-22-2
  • solicitation: includes :
(i) any of the following done, or purporting to be done, for a charitable purpose:
(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;
(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
(C) an application or other request for a a private grant or, if made by an individual, a public grant; or
(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  violating any of the requirements of this chapter or any rule made under this chapter;

    (3)  making any untrue statement of a material fact or failing to state a material fact necessary to make statements made, in the context of the circumstances under which they are made, not misleading, whether in connection with a charitable solicitation or a filing with the division; and

    (4)  violating an order issued by the division under Subsection 13-22-3(2) or (3).

    Amended by Chapter 185, 1994 General Session

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