§ 6-509. Failure to comply with charitable contribution requirements

   (a) Scope of section. -- The only persons liable under this section are:

   (1) charitable organizations;

   (2) charitable representatives; and

   (3) officers, directors, partners, or trustees of charitable organizations or charitable representatives.

(b) Willful failure. -- Except as provided in subsection (d) of this section, a person who willfully fails to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:

   (1) actual damages that the donor sustains because of the failure;

   (2) punitive damages that the court allows, not exceeding 3 times the actual damages; and

   (3) reasonable attorney's fees and costs of the action, if damages are awarded.

(c) Grossly negligent failure. -- Except as provided in subsection (d) of this section, a person who is grossly negligent in failing to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:

   (1) actual damages that the donor sustains because of the failure; and

   (2) reasonable attorney's fees and costs of the action, if damages are awarded.

(d) Defense against liability. -- A person is not liable under this section if the person establishes by a preponderance of the evidence that, at the time of the failure to comply with a requirement under this title, the person followed reasonable procedures to comply.

HISTORY: An. Code 1957, art. 41, § 3-216; 1992, ch. 4, § 2.