(225 ILCS 460/18) (from Ch. 23, par. 5118)
Sec. 18.
In any solicitation of contributions for a charitable
organization it shall be deemed a misrepresentation of fact if any person:
(a) Who is a professional fund raiser or professional solicitor fails in
any solicitations to state and disclose to persons solicited that they are
paid professional fund raisers or solicitors if the person being solicited
asks if they are paid callers;
(b) Who is relating the projected use of solicited charitable funds and
knowingly falsely states in a material fashion the charitable purposes for
which the charitable funds collected are to be used or are being used or
fails to disclose the primary program service to which such funds are known
to be devoted;
(c) Who is a professional fund raiser or professional solicitor and
refuses or fails to supply, upon the request of a person being solicited,
the hourly rate charge or the estimated percentage or actual percentage, if
known, which is to be paid to or retained by the professional fund raiser
and solicitor and the amount to be paid to the charitable organization
under the fund raising contract then in effect and the amount to be paid to
the charitable organizations;
(d) Falsely states or represents that they are a member of a charitable
organization or that they are a policeman, sheriff, law enforcement person,
or fireman;
(e) Who by use of an organization's name or by its appeal, represents
that solicited funds are for research or relates or implies that they will
be used to alleviate conditions or to eliminate a condition, or for another
specified purpose, but in fact the funds being solicited are used
primarily in educating the public and the person soliciting fails therewith
also to disclose that the primary purpose of the solicited funds is education;
(f) Who is a professional fund raiser or professional solicitor and who
makes a solicitation for a contribution for or on behalf of a charitable
organization without authorization by or a contract with the charitable
organization;
(g) Any paid person who is soliciting charitable funds who makes an
intentional misrepresentation as to the use of solicited funds is subject
to punitive damages upon a trial on the issue.
(Source: P.A. 87-755.)
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