| A commercial co-venturer who is engaged in the solicitation of |
| goods is guilty of a deceptive and prohibited practice if that |
| commercial co-venturer charges a charitable organization a sum of |
| money for the goods and the co-venturer's services in the |
| collection of those goods that far exceeds the fair market value |
| of those goods and services. Such an action constitutes a fraud |
| against the charity and its donors. Fair market value may be |
| established in any commercially acceptable fashion including a |
| comparison of the amount paid for similar goods and services by a |
| similar charity. Any promotional materials used by a commercial |
| co-venturer to disclose that a component of the purchase price of |
| the goods will accrue to the benefit of a charitable organization |
| must also state either the percentage of the purchase price or |
| the dollar amount to be remitted.__This section does not apply to |
| a national bank, a federal savings bank, a subsidiary of a |
| national bank or federal savings bank or any other financial |
| institution or credit union chartered under the laws of the |
| United States or any state and subject to supervision and |
| regulation by a federal financial regulatory agency. |