We all know and “love” the ubiquitous state disclosure language printed on the back of Business Reply Envelopes (BRE’s) or reply slips. These disclosures are nuanced and cumbersome, but, as well known, they’re designed to keep state charity regulators busy keeping potential donors safe from charities who don’t like to play by their rules. Most organizations know they need to include them and have found a way to incorporate them into their solicitations.
What you might not know is that non-profits need these same disclosures on electronic communications as well.
Tracy Boak, attorney at Perlman+Perlman LLC, a firm that specializes in non-profit law, explains, “Less known or adhered to, however, is that state disclosure requirements also need to be on the non-profit’s electronic communications, which include its emails and website. This disclosure should be accessible on all pages of the website, but must, at a minimum, be on the donation pages and email solicitations.”
Think of it as an electronic buckslip. Super easy and simple… Create a page with all the state disclaimer language on it and link to the words “State Disclosures” in the footer of your website, emails, donation pages and acknowledgment pages.
Perlman+Perlman offers more information than you likely even knew existed regarding states that require solicitation disclosures on their website. While you may not consider it as enjoyable as your last beach read, it is extremely important to understand and implement.
If you use a state registration firm, remind them to keep you up to date on online/mail disclosure requirements when they request your audit and other documentation for state filings. And, of course, remember to share updates with whomever is helping you get the mail and email out the door, as well as to your web team.
It’s not hard to do, but I’m sure it makes many of us nervous. Adding another link to your donation pages—and another way for people to abandon the page—creates a lot of anxiety. Try testing it for a bit to see if your conversion rate goes down and then plan from there. If there is any negative impact, test the placement of the link. My guess is having this text buried in the footer of the website, email and donation page stationery will have no more impact than we have in all of our mail pieces.
Tracy Lea, CFRE, Vice President of the Harrington Agency, is a former DMAW president and co-chair of the Bridge Conference. She’s currently a DMAW board member and committed to helping us stay abreast of our ever-changing and challenging direct-response world.