(a) a concise, accurate statement of the charitable organization's
right to cancel;
(b) a concise, accurate statement of the period during which the
contract may be cancelled;
(c) the address to which the notice of cancellation is to be sent;
(d) the address of the attorney general to which a duplicate of the
notice of cancellation is to be sent; and
(e) a clear statement of the financial arrangement including, if
applicable, a statement of the percentage of the total funds collected
on behalf of the charitable organization which shall be paid to the
professional fund raiser or any other person for purposes other than the
exclusive benefit of the charitable organization.
5. Any funds collected by any professional fund raiser, fund raising
counsel, professional solicitor, commercial co-venturer, charitable
organization or any other person in violation of this section shall be
deemed to be held in trust for the benefit of the charitable
organization without deduction for costs or expenses of any nature. A
charitable organization shall be entitled to recover all funds collected
in violation of this section together with costs, disbursements and
allowances.
6. The failure of a professional fund raiser, fund raising counsel or
commercial co-venturer to immediately discontinue solicitation or any
other fund raising activity upon receipt of a notice of cancellation in
accordance with the provisions of this article within fifteen days of
the cancellation of the contract shall be deemed to be a continuing
fraud upon the people of the state of New York.
7. In addition to all other remedies provided by law the attorney
general may bring an action to enjoin the violation of the provisions of
this section and to recover restitution, damages, costs and attorneys
fees.
Structure New York Laws
Article 7-A - Solicitation and Collection of Funds for Charitable Purposes
172 - Registration of Charitable Organizations.
172-A - Certain Persons Exempted.
172-E - Disclosure of Certain Donations by Charitable Non-Profit Entities.
172-F - Disclosure of Certain Activities by Non-Charitable Non-Profit Entities.
173 - Professional Fund-Raisers, Commercial Co-Venturers and Fund Raising Counsel.
173-B - Professional Solicitor.
174-A - Contracts With Charitable Organizations.
174-C - Sales Advertised to Benefit a Charitable Organization.
174-D - Unauthorized Use of Names When Soliciting or Collecting Contributions.
175 - Enforcement by Attorney General.