From a registration requirement perspective, email is the same as direct mail. If you're knowingly sending fundraising emails targeted to donors in other states, you need to register in those states. It doesn't matter where the email is opened, much like it doesn't matter if paper mail is opened in a different state than the one it is sent to (a not uncommon thing in cities in border regions eg NYC, Kansas City, etc.)
As for disclaimers, yes, they are also required.
The more recent number I saw is 41 of 51 jurisdictions (includes DC) have some kind of registration or disclaimer requirement, and that technically, simply having an online fundraising form triggers a registration requirement. Many orgs still choose not to register in states where they're not receiving funds or actively soliciting, but no compliance professional I've encountered has claimed that this is a compliant practice, it's just not very risky that you'll get caught in a state that you don't really target.
Isaac Shalev
CRM Expert
www.sage70.com
On Thu, 25 Jul 2019 17:30:25 +0000, Johnson, Lisa <
LJOHNSO7@VALLEYHEALTH.COM> wrote:
>Right now, since most of our fundraising is regional, we are only registered in three states, however, as we look to add more e-mail solicitations to our fundraising I'm looking for further guidance.
>
>Once upon a time, I heard that if you are doing email solicitations you have to be registered in all 50 states because you don't know where the recipient will open the email to receive the solicitation. Does anyone know if this is true?
>
>In addition, do the disclaimers that we put on our printed mail pieces also need to go on the email solicitations? I guess we would use the one for our originating state?
>
>Thanks in advance!
>
>Lisa M. Johnson
>Manager, Development Services
>The Valley Hospital Foundation
>Phone: 201-447-8427
>Cell: 973-865-4797
>
Ljohnso7@valleyhealth.com<mailto:
Ljohnso7@valleyhealth.com>
>
>