Professional fundraisers are controlled (in so far as that happens) mainly by state governments.


It's done through laws and other prescriptions in the form of regulations and policies  which are administered by a state government agency often the same government agency which looks after gambling, horse races and drinking alcohol. There are also codes of practice produced by governments, peak bodies like FIA and even astonishingly by professional fundraisers - astonishing because some well known charities who refuse to align themselves with peak body and government industry standards are only subject to inadequate codes of practice designed by professional fundraising companies. It's an indication of the control that professional fundraisers have over the charities they work for. Codes of practice are not binding like laws and regulations. They are a bit like good advice that can be ignored. Members of the FIA, a non-govt peak body are bound to comply with the FIA code of practice. Some state govts also have a code of practice for charitable fundraising.  Because charitable fundraising may be a form of gambling OR a donation, there may be two separate government agencies and sets of laws & regulations which cover these different forms of fundraising. Laws and regulations concerning fundraising involving some form of gambling such as a raffle or art union is usually referred to as gaming law. Fundraising involving just donations is usually covered by what is called charitable collections law. When gaming is involved it might still be required by the operators of say a raffle to comply with any relevant aspects of the charitable collections law.

However when people talk to telemarketers who call about a fundraising raffle they almost invariably use the term donate or donation. It is their understanding that going into a raffle is the same as making a donation. The telemarketers rarely if ever disabuse them of this because it is in their interest that the public supporter does not know this. Allowing the member of the public to think that they are donating helps them to conceal the issue of how much is actually going to charity and how much is being paid in raffle costs, commission and profits. This is especially effective when dealing with people deprived of relevant information, which in this context would be just about everyone - including and especially those who for a range of reasons are not effective in accessing and processing information - and who in large number are the innocent, generous souls who find there way onto telemarketing call lists.

Each state has its own rules and the rules across the states are somewhat similar but there are also significant differences. Telemarketing fundraisers know very little (because they are taught very little) about their own industry and very little even about the charity they are calling to raise funds for. They are trained to SELL and everything they are taught is tailored to serve that purpose.

Professional fundraisers prefer doing raffles and art unions rather than donations only campaigns. They enable the fundraisers to bang on about prizes and fudge the detail of what the money will be spent on.  So you will need to know what applies to these forms of fundraising mainly. 


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