During times of national crisis, it is common for a surge in charitable solicitations and charitable giving. Retail brands and other for-profit businesses often want to do their part to help. The COVID-19 pandemic has sparked many brands to engage in corona virus related cause marketing promotions and commercial co-venturer (CCV) activities, whereby they advertise to consumers that purchases of their products or use of their services will benefit a charity or charitable purpose. These activities, however, are highly regulated to protect both consumers and charities from falling prey to those that may be acting with less than philanthropic intentions.
While the COVID-19 pandemic has resulted in modification or suspension of many regulatory requirements, to date the regulations that are applicable to charitable sales promotions and CCVs remain in place without any official exception, exemption or other type of relaxed requirements. While Massachusetts, for example, has indicated on its website that it may accommodate reasonable filing or registration delays that are the result of COVID-19-related business interruptions, it is important to keep in mind that regulators are likely to be extra vigilant in protecting consumers against marketing tactics that take advantage of a consumer's generosity or fear during the pandemic...
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