Social media has become a central channel for charitable fundraising, particularly during disasters, emergencies, and fast-moving public events. It has also become one of the most effective vehicles for donation fraud. In 2026, social-media-driven donation scams continue to draw attention from regulators, state attorneys general, and legislators, raising important questions about the respective legal duties of platforms and charities.
While fraud has long existed in charitable solicitation, social platforms amplify its reach and speed, often making it difficult for donors to distinguish legitimate appeals from impersonation or outright deception.
Common Donation Scam Patterns on Social Platforms
Social media donation scams tend to follow predictable patterns:
- Fake accounts posing as established charities
- Campaigns launched immediately after disasters or breaking news
- Copycat pages using real charity names, logos, or images
- Personal fundraisers falsely claiming charitable purposes
- Links directing donors to external payment processors unrelated to any charity
These schemes rely heavily on urgency and emotional appeal. According to the Federal Trade Commission, reports of charity and donation scams spike during crises, and social media is one of the most common points of contact between scammers and donors.
Regulatory Focus on Donation Fraud
At the federal level, the FTC continues to treat charity impersonation and false claims about the use of donated funds as deceptive practices. Enforcement actions emphasize that misrepresentation is unlawful regardless of whether solicitations occur through websites, email, text messages, or social media platforms.
State attorneys general also play a significant role, using state consumer protection statutes and charitable solicitation laws to pursue fraudulent actors operating entirely online. These cases frequently involve impersonation of legitimate charities that have no connection to the fraudulent campaigns.
Platform Accountability and New State Laws
Historically, online platforms have faced limited direct liability for third-party fundraising content. That framework is beginning to shift as states adopt laws that impose specific regulatory duties on platforms that facilitate charitable donations.
In California, the legislature has enacted a comprehensive regulatory framework governing charitable fundraising platforms and so-called platform charities. Under California law, online fundraising platforms that process or facilitate charitable donations must register with the Attorney General, provide donor disclosures regarding fees and the flow of funds, obtain a charity’s written consent before using its name in solicitations, and segregate donated funds before remitting them to recipient organizations.
These requirements do not directly eliminate impersonation scams on social media, but they impose clearer legal obligations on platforms that handle charitable donations and increase regulatory visibility into how online fundraising operates.
Hawaii has adopted similar legislation, with its charitable fundraising platform law scheduled to take effect in 2026. Hawaii’s statute follows California’s model in requiring platform registration, donor disclosures, written charity consent, and timely transmission of funds. The law reflects a growing legislative consensus that platforms facilitating charitable donations should bear defined compliance responsibilities rather than operating solely as neutral intermediaries.
Together, these laws signal an important shift. While broad platform liability remains limited, states are increasingly willing to regulate the mechanics of online charitable fundraising in response to fraud risks.
Legal Duties and Risk Considerations for Charities
Even when a charity is not involved in a fraudulent campaign, social media donation scams raise legal and governance issues.
Charities have a responsibility to protect their names and reputations. Repeated impersonation without response can undermine donor trust and may prompt questions from regulators or auditors about oversight practices.
Charities that actively fundraise on social platforms remain subject to state charitable solicitation laws, including registration and disclosure requirements. The use of third-party platforms does not eliminate these obligations.
In addition, when charities encourage peer-to-peer fundraising or allow supporters to raise funds in their name, they should consider what level of guidance and monitoring is necessary to reduce the risk of misleading solicitations.
Practical Steps for Charities
In light of increased regulatory attention and evolving platform laws, charities should consider:
Monitoring major social platforms for impersonation or unauthorized campaigns
Clearly identifying official donation channels on their websites and social profiles
Establishing internal procedures for reporting fraudulent campaigns to platforms
Reviewing social media fundraising practices for compliance with state solicitation laws
Consulting counsel when scams generate donor confusion or regulatory inquiries
For charities that rely heavily on social media fundraising, these measures are now part of basic risk management.
Looking Ahead
Social media donation scams are unlikely to disappear. As platforms integrate fundraising tools more deeply into their ecosystems, regulators are increasingly focused on transparency, consent, and accountability.
For charities, the key takeaway is that social media fundraising is no longer just a communications issue. It is a legal and governance issue that implicates donor protection, regulatory compliance, and long-term credibility. Charities that approach it with the same care as other regulated fundraising activities will be better positioned in 2026 and beyond.Ellis Carter is a nonprofit lawyer with Caritas Law Group, P.C. licensed to practice in Washington and Arizona. Ellis advises nonprofit and socially responsible businesses on federal tax and fundraising regulations nationwide. Ellis also advises donors concerning major gifts. To schedule a consultation with Ellis, call 602-456-0071