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

Requirements for Email Fundraising in Texas

Under Texas law, most charities or nonprofit organizations are not required to register with the State. However, registration is required either with the Office of the Attorney General (OAG) or the Texas Secretary of State for certain law enforcement-related organizations that solicit by telephone, public safety organizations, and some professional solicitors [5].

To use email marketing for fundraising in Texas, you must comply with the commercial email requirements of the CAN-SPAM Act [2]. The Act requires that all commercial emails include a clear and conspicuous opt-out mechanism, a valid physical postal address of the sender, and a clear and accurate subject line that reflects the content of the email. Additionally, the email must not contain false or misleading header information or deceptive subject lines [2].

Temporary Event Authorizations

If you plan to hold a temporary event in Texas where alcohol is sold, you may need to obtain a Temporary Event Authorization (TEA) from the Texas Alcoholic Beverage Commission (TABC) [3]. On-premise retailers, wineries, and distilleries can hold events at a temporary location with an NT permit. These events may last up to 10 consecutive days and have a $50 fee per day. You must submit all NT permit applications at least 10 business days before the start date of the event to avoid late filing fees [3].

Conclusion

To use email marketing for fundraising in Texas, you must comply with the CAN-SPAM Act’s commercial email requirements. Additionally, if you plan to hold a temporary event where alcohol is sold, you may need to obtain a Temporary Event Authorization from the TABC.

Source(s):
Jurisdiction

Texas