CHAPTER EIGHTProspective Federal Regulation of Fundraising: Proposals and Issues
- § 8.1 Introduction
- § 8.2 Major Legislative Proposals
- § 8.3 Regulatory Issues
- § 8.4 Contemporary Developments and Prospects
As Chapters 5 and 6 reflect, meaningful federal regulation of fundraising by and on behalf of charitable organizations has come into being over the years; its reach is expanding. And yet, nonetheless, Congress has not given serious thought to enactment of a federal charitable solicitation act.
If only because of the complexity and inconsistency of the state charitable solicitation acts, and the compliance and enforcement problems generated by multistate fundraising, it is somewhat surprising that, in the modern era, there is no federal law regulating interstate fundraising for charitable purposes—a law that would preempt or at least overlay (like the federal securities and antitrust laws) the crazy quilt of state statutes. These issues, difficult as they were just a few years ago, are exacerbated by charities' use of the Internet to raise funds. Present law stresses disclosure; future law may include more ...
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