MCLS § 14.311
§ 14.311. Misrepresentation in connection with solicitation or reception of contributions; particular
representations prohibited; taking advantage of inability of person solicited to protect interests prohibited;
telephonic solicitations; recording required; notification of solicitor that conversation recorded; retention
of recording for 60 days; duty of organization or fund-raiser, on inquiry, to inform person solicited whether
solicitor is member of organization or public safety officer; face-to-face solicitation; solicitor to be
member of organization benefiting from contribution; wearing public safety uniform prohibited.
Sec. 11.
(1)
An organization or professional fund-raiser shall not, in connection with the solicitation or
reception of contributions for or on behalf of an organization or public safety person, misrepresent to,
mislead, make false statements to, or use a name other than the solicitor's legal name to another person by
any manner that would lead a reasonable person to believe any of the following:
(a)
That if the person makes a contribution, he or she will receive special benefits or treatment from a
public safety organization or that failure to make a contribution will result in unfavorable treatment from a
public safety organization.
(b)
That contributions are tax deductible unless they so qualify under the internal revenue code.
(c)
That the person is under an obligation to make a contribution.
(d)
That failure to make a contribution will adversely affect the person's credit rating.
(e)
That the solicitor is located in a geographic area that is different than the geographic area in which
the solicitor is actually located.
(f)
That the solicitor has a sponsorship, approval, status, affiliation, or connection with an organization
or purpose which the solicitor does not actually have.
(g)
That the person has previously approved or agreed to make a contribution, when in fact the person has
not given such approval or agreement.
(h)
That the contributions are for a purpose that is different than the actual purpose for which the
contributions will be used.
(2)
An organization or professional fund-raiser shall not knowingly take advantage of the inability of the
person being solicited to reasonably protect his or her interests by reason of disability, illiteracy, or
inability to understand the terms and conditions of an agreement to contribute.
(3)
An organization or professional fund-raiser shall make a voice recording of all telephone
communications that solicit contributions and shall make the recording available to the attorney general upon
a request as a result of an investigation or complaint. Each solicitor shall be notified that a recording is
being made of all telephone communications. Unless notified by the attorney general that the recordings are
part of an investigation or complaint, the recording shall be kept for 60 days by the organization or
professional fund-raiser.
(4)
If asked by the person being solicited, the organization or professional fund-raiser shall inform the
person whether the solicitor is or is not a sworn public safety officer or a member of the organization
soliciting the funds.
(5)
Except as otherwise provided by this act, an individual who makes a face-to-face solicitation for
contributions shall be a member of the organization on whose behalf the contribution is sought and shall not
wear a public safety uniform or other clothing similar to a public safety uniform. Except for a pledge or
promise to contribute, an individual who makes a solicitation under this subsection, or an agent of the
organization on whose behalf the solicitation was made, shall not collect or receive any face-to-face
contribution as a result of the solicitation.
