(a) The only persons liable under this section are:
(1) charitable organizations;
(2) charitable representatives; and
(3) officers, directors, partners, or trustees of charitable organizations or charitable representatives.
(b) Except as provided in subsection (d) of this section, a person who willfully fails to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:
(1) actual damages that the donor sustains because of the failure;
(2) punitive damages that the court allows, not exceeding 3 times the actual damages; and
(3) reasonable attorney’s fees and costs of the action, if damages are awarded.
(c) Except as provided in subsection (d) of this section, a person who is grossly negligent in failing to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:
(1) actual damages that the donor sustains because of the failure; and
(2) reasonable attorney’s fees and costs of the action, if damages are awarded.
(d) A person is not liable under this section if the person establishes by a preponderance of the evidence that, at the time of the failure to comply with a requirement under this title, the person followed reasonable procedures to comply.
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