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Can I use email marketing to fundraise in Delaware? What are the requirements?

Requirements for Email Fundraising in Delaware

Email marketing can be a powerful tool for fundraising, but it is important to understand the legal requirements before sending out any emails. In Delaware, there are specific rules that must be followed in order to comply with state law.

Under Delaware law, it is generally illegal to send unsolicited commercial emails. This means that you must have the recipient’s prior consent before sending any fundraising emails. However, political text messages can be sent without the intended recipient’s prior consent if the message’s sender does not use autodialing [1]([2]:).

Identification and Opt-Out

In addition to obtaining prior consent, all fundraising emails must include clear identification of the sender and a way for recipients to opt-out of future emails. This can be done by including an unsubscribe link in the email [3]([5]:).

Sales and Use Tax

It is important to note that any funds raised through email fundraising may be subject to sales and use tax in Delaware. If the funds are considered taxable, the organization must register for a sales tax permit and collect and remit the appropriate taxes [5].

Do More 24 Delaware

If you are interested in fundraising for the arts in Delaware specifically, the Delaware Division of the Arts runs an annual fundraising event called Do More 24 Delaware. This event encourages philanthropy and provides funding to participating grantees in proportion to the number of donations they raise [2].

Overall, it is important to obtain prior consent, include identification and opt-out options, and be aware of any applicable sales and use tax requirements when conducting email fundraising in Delaware.

Source(s):
Jurisdiction

Delaware