Legal Question in Business Law in Georgia

I am a retailer. I have both an online store and a brick and morter store. I plan on making a promise that for each purchase I will make a donation. There are 3 humanitarian programs that I am specifically going to donate. Though I am considering the option that when someone buys online they may click and choose where the donation may go. Do I need to be specific on the percent that I am going to donate? Do I need anything legally set up first? Is there any kind of transparency that needs to be posted on the website? May I simply proceed, keep my word, and at tax time I will have the information for anyone wishing proof? Please let me know what I must do in order to proceed with this plan and promote it. Thank you greatly.

Victoria


Asked on 2/18/11, 10:32 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your business needs to have a lawyer that will properly draft the appropriate language in your ads and for your website. What you are suggesting could easily get you sued for deceptive advertising.

Additionally, as a general rule, your customers will not get a tax deduction in this type situation. Your business may or may not get one.

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Answered on 2/18/11, 12:03 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I believe the other attorney has some valid points. The main issue is full transparency (disclosure) of what percent or set amount you will fund. There should also be disclosure that your customers will not get a deduction. You really should consult with a good business or franchise attorney in your area for specific advice before embarking on this noble venture.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/18/11, 12:14 pm


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