Email Lists and Charitable Solicitation Registration Requirements

Does your email list trigger charitable solicitation registration requirements? Instinct might tell you your nonprofit’s email list is a low-risk, internal communication tool—an efficient way to keep supporters in the loop about your programs, share impact stories, and provide updates from the field—but experience tells us, when it comes to state fundraising registration laws, the way you use your email list matters a lot.

Just like we discussed in our resource post about website donation buttons, seemingly minor digital actions can constitute “solicitation” in the eyes of state regulators. If you solicit donations from residents of a particular state, chances are you may need to register in that state before you hit “send.”

So, does your email list trigger charitable registration requirements? Let’s discuss the nuance of it all:

It’s Not the Email List—It’s the Use

The existence of a nationwide contact list does not immediately warrant scrutiny. Simply having a collection of constituents or potential donors likely won’t trigger registration requirements, but using that list to ask for donations? That’s when things get tricky.

State regulators broadly define “solicitation” to include direct and indirect asks for charitable contributions. So whether you’re launching a full-blown year-end digital giving campaign or just dropping a soft “consider supporting us” line at the end of your monthly newsletter, both can count as solicitations.

Examples that likely qualify as solicitations:

A Giving Tuesday email with a clear “Donate Now” button
A December e-blast titled “Help Us Reach Our Year-End Goal”
A newsletter with a passive ask buried at the end (“Support our work here”)

Subtle messaging or language encouraging donations, even without using the word “donate,” can still be considered a solicitation.

Linking to a Donate Page = Solicitation

One common misconception is that as long as you’re not asking for money in the email itself, you’re in the clear… Unfortunately, that’s not necessarily the case.

If your email has a call to action that encourages recipients to visit your website, and your website has a donate button or giving page, you may be soliciting indirectly. This combo of messaging and access can be enough to tip the scales in the eyes of regulators if called upon.

Example:

“Learn more about our new community initiative by visiting our website at [nonprofiturl].org.”

If your nonprofit’s website includes a Donate button or link in the top menu or footer (as most do), that could be interpreted as a solicitation—even if the intent of the email was primarily informational.

What About Repeat Donors?

Let’s say someone from a state you’re not registered in donates more than once—but you never directly asked. No email, no mailing, nothing.

That’s fine. Passive donations don’t typically require registration.

But the moment you target them—through a donor acknowledgement letter asking them to give again, a personalized email with a “Repeat Donation?” button, or a marketing message with a link to your donation page—you’ve crossed into active solicitation territory. At that point, registration requirements kick in.

Income Thresholds Matter—As Soon As You Solicit

Many states have financial thresholds that determine whether a nonprofit must register, and these thresholds apply as soon as you’ve crossed the line into soliciting within the state—or in the case of email, as soon as you hit “send.”

For example:

Colorado exempts nonprofits that raise less than $25,000 per year in total, from all sources (including online contributions from Colorado sources), and do not compensate anyone for their fundraising efforts.
New York statutorily exempts nonprofits that raise less than $25,000 from New York sources, but won’t list them on the registered charities database.
Other states, like California, don’t exempt small-dollar fundraisers—you’re expected to register once you start soliciting and within 30 days of receipt of your first assets (aka donation) from California sources. If you delay, there will also likely be backfilling requirements to the date you first receive assets from their state.

How does this relate to your email list?

If your email campaign reaches a donor in a state like Colorado—even just once—and encourages them to give (directly or passively), you’ve solicited. At this point, depending on the state and your income level, you may technically be “out of compliance” if you haven’t first registered.

If you send a national email campaign and receive a few small donations from unregistered states, most regulators won’t pounce. But if a pattern emerges—or if you later target donors, repeat or otherwise, in those states—you may exceed exemption thresholds without even realizing it.

That’s why relying on “we’re too small” or “it was just an email” isn’t a great defense with the states. Email-based solicitations still count, and income thresholds often apply as soon as the solicitation has occurred.

What If You Don’t Know Where Your Email Contacts Live?

Here’s where it gets tricky—and risky.

Let’s say you’re emailing a list of supporters, but you don’t have full address information. You may not know which states your emails are reaching. This uncertainty is a double-edged sword:

You might (unknowingly) be soliciting in states where you’re not registered.
But you also can’t (confidently) prove you’re not soliciting in those states.

Some states, like Tennessee, provide detailed guidance on what constitutes solicitation, online or otherwise. Others are vague or silent on the topic. Most regulators prefer to not clearly address gray areas like anonymous email contacts or unknown geography, and instead handle compliance issues as needed when they arise.

So what’s a nonprofit to do?

Risk Assessment: Over-Registering vs. Under-Registering

The core question comes down to risk tolerance. You have two options:

Register in more states than you’re certain you need, to cover your bases. Yes, this may involve more time, paperwork, and annual renewal fees—but it bolsters donor trust and keeps you on a regulatory “good list.”
Register only where you’re sure you’re soliciting, and accept the risk that a state may later determine that your email campaign crossed the line. This can lead to fines, angry cease-and-desist orders, or costly retroactive registration, but it’ll likely temporarily reduce your administrative burden and costs.

There’s no one-size-fits-all answer, but if your nonprofit is regularly emailing broad, national lists—and you’re linking back to your website or including any type of donation ask—it’s smart to evaluate your compliance strategy.

Final Thoughts

Your email list is a powerful engagement tool, but it’s also a compliance consideration.

Before launching your next e-campaign, take a step back and ask:

Are we asking for donations in this message—directly or indirectly?
Are we linking to a site that facilitates giving?
Do we know where our recipients are located?

If you’re unsure, Affinity Fundraising Registration can help assess your current compliance status amongst the states, and offer guidance on where registration might be required. It’s tempting to think email compliance is invisible—but the consequences aren’t.

Need help reviewing your registration footprint before your next email campaign?

Get a free estimate of all registration fees and stay ahead of regulatory scrutiny.