| 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. |