TNPA at NASCO 2026: Advocating for a Smarter Path on Platform Fundraising Regulation 

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The National Association of State Charity Officials (NASCO) held its annual conference this fall, bringing together staff from Attorney General offices and other state regulatory bodies with select sessions open to the public. TNPA’s Regulatory Counsel, Robert Tigner, attended and participated in a panel titled “Platform Fundraising, Technology, and Oversight: What’s the Right Balance?”

As online fundraising platforms have grown, so has the question of how they should be regulated. Some in the sector argue that nonprofits should have absolute control over any fundraising conducted on their behalf, and that soliciting on behalf of a nonprofit without its explicit permission should be prohibited. Others, including TNPA, the Association of Fundraising Professionals (AFP), and GivingTuesday, believe the issue is considerably more nuanced.

The U.S. Supreme Court has long held that charitable solicitation is protected speech under the First Amendment. Constitutional constraints also limit how far any individual state’s law can reach beyond its own borders. These aren’t technicalities; they’re foundational considerations that any durable regulatory framework must account for.

Two states, California and Hawaii, have already enacted platform fundraising regulations. Both have created unintended consequences for fundraising in practice. More state-level action is expected, making it important that the sector engage proactively before more laws are written without adequate input from those closest to the work.

We are advocating for a deliberative, inclusive process that brings together fundraisers, platforms, nonprofits, and regulators to work toward shared principles. This approach has worked before. Collaborative processes have produced the Model Charitable Solicitation Act, the Unified Registration Statement, and the Charleston Principles, each representing hard-won consensus that has shaped charitable solicitation law for years. A similar process, with formal participation from NASCO to represent the regulatory perspective, could help prevent a patchwork of state laws that inadvertently harm the fundraising ecosystem.

Our near-term focus is on building support for this kind of structured, multi-stakeholder process. The longer-term goal is to help shape solicitation law in a direction that protects both donor trust and the sector’s ability to raise the resources it needs to fulfill its missions.

This is an evolving area of law and policy. If you’d like to learn more or get involved, reach out to Robert Tigner directly at rtigner@tnpa.org.