Fundraising counsel may proceed with challenge to registration law

A federal District Court in Utah has permitted an association of professional fundraising counsel and an individual fundraising counsel firm to proceed with a constitutional challenge to the Utah charitable solicitation registration statute. The law requires fundraising counsel to register in the state even when they have no contact with the state other than a client that solicits there.  The Court has denied the state’s motion to dismiss for failure to state a claim upon which relief could be granted.