Relating to a civil cause of action for fraudulent crowdfunding.

Contracts

• Terms of Service (ToS) & User Agreements: Platforms and organizers must update agreements to explicitly designate the collector as an agent for the donee.
• Fee Disclosures: Contracts must expressly state that a specific percentage or flat fee will be retained by the collector for administrative costs. Without this explicit agreement, retaining *any* portion of the donation could be argued as "intent to keep" funds under the statute.
• Beneficiary Acknowledgments: Implement a required sign-off where the intended "donee" verifies their identity and banking details *before* the campaign launches.

Hiring/Training

• Finance & Accounting Staff: Staff must be trained on strict fund segregation. "Floating" donation funds to cover operating cash flow gaps is now a high-liability trigger.
• Customer Support: Teams must be trained to document all attempts to contact unresponsive donees to build a defense against claims of "intent to withhold."

Reporting & Record-Keeping

• Proof of Disbursement: You must maintain irrefutable proof of delivery (wire confirmations, cashed check images) for every campaign.
• Unclaimed Property Logs: Create a specific log for funds where the donee cannot be located, documenting every attempt to remit payment.

Fees & Costs

• Insurance Review: There are no new state fees. However, businesses must review General Liability and Directors & Officers (D&O) policies. Most policies exclude claims related to fraud or ill-gotten gains; you may be self-insuring against this risk.