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

Email Marketing for Fundraising in New York

Email marketing can be used for fundraising in New York, but there are certain requirements that must be followed.

According to the documents provided, there are no specific regulations regarding email marketing for fundraising in New York. However, there are general regulations that apply to all forms of fundraising in the state.

Nonprofit organizations that wish to solicit charitable contributions in New York must register with the New York State Attorney General’s Charities Bureau [1.1]. Additionally, all fundraising activities must comply with New York State’s General Business Law, which prohibits deceptive acts or practices in the conduct of any business, including fundraising [1.1].

Furthermore, email marketing for fundraising purposes must comply with the federal CAN-SPAM Act, which sets rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have emails stopped from being sent to them [2.1].

In summary, while there are no specific regulations regarding email marketing for fundraising in New York, nonprofit organizations must register with the New York State Attorney General’s Charities Bureau and comply with New York State’s General Business Law. Additionally, email marketing for fundraising purposes must comply with the federal CAN-SPAM Act.

Requirements for Email Marketing for Fundraising in New York

To comply with the federal CAN-SPAM Act, email marketing for fundraising purposes must include the following [2.1]:

  • A clear and conspicuous identification that the message is an advertisement or solicitation
  • A clear and conspicuous notice of the opportunity to decline to receive further commercial messages from the sender
  • A valid physical postal address of the sender
  • A clear and conspicuous identification that the message is an advertisement or solicitation
  • A clear and conspicuous notice of the opportunity to decline to receive further commercial messages from the sender
  • A valid physical postal address of the sender

Additionally, the email must not contain false or misleading header information, deceptive subject lines, or false or misleading content [2.1].

It is important to note that failure to comply with the CAN-SPAM Act can result in penalties of up to $43,280 per email [2.1].

Therefore, nonprofit organizations should ensure that their email marketing campaigns for fundraising purposes comply with all applicable regulations to avoid any legal issues.

[1.1]: 8 NYCRR 92.1 [2.1]: 8 NYCRR 63.6

Source(s):
Jurisdiction

New York