Solicit codes used when Opt-out is checked on mailings and email appeals

Sheryl Gillespie

Question for any other organization that have a HIPPA opt-out on mailings.

On our mailing appeals (and emails), we have a box at the bottom that says:

“Should you wish not to receive fundraising materials in the mail from (organization name) Foundations, please check here [] and return this form in the envelope provided or notify us at (email address).”

Which solicit code or codes would you use? How broad of solicit codes would you use? Do you opt them out of any and all mailings and solicitation, including Annual Giving and Impact reports etc... or just mass mailings? We are looking to establish a consensus on how donors should be coded and would appreciate any insight on how other organizations under HIPPA regulations code their donors or non-donors (if the form is returned without a gift). FYI – we cannot change the verbiage either to make it less broad because of the HIPPA regulations.

Thank you all for your advice. ?

JoAnn Strommen

@Sheryl Gillespie Welcome to the BB community forums.

Wow, that is a broad statement! We (not healthcare) are able to have separate opt-out codes for USPS mail vs. email. We have code example of ‘no fundraising mail', and separate code for emailing. The broadest interpretation of that statement would be all encompassing.

Does HIPPA have a definition of ‘fundraising’? You may want to ask legal counsel how they define it.

Does your org do mailings that are just informational/impact/updates that contain no ask of any type? IMO, those could be allowed. Seems like there's almost always some type of ask.

Will follow the replies to see what those with this same HIPPA experience post.

I hope you get some valuable responses to your questions.

Miki Martin

@Sheryl Gillespie another welcome to Community! I will confess I am not yet familiar with all of these, as I have only been with my org (Cincinnati Children's) for six months, but I know we use a lot of solicit codes for various mailings and such. We also use Luminate Online (currently) for our emails so that affects things to an extent, but here are the solicit codes we have marked active as of now:

I just did a quick search online, as the whole legal side of things is not in my wheelhouse. Blackbaud does have a short publication available, HIPAA and Fundraising: Understanding the Regulations, Roles, and Compliance, that might help.

Dariel Dixon

@Sheryl Gillespie The more solicit codes you use, the harder it is to manage. I would opt them out of all mailings period. Like, full stop. I think that organizations need to rethink the way that opt-ins and unsubscribes are managed. I think of these as good things. The constituent has defined how they want (and don't want) to be contacted. The worse thing we can do is try to micro-dissect their request. Similar to how they contacted or filled out the box, there are ways to resubscribe or contact the organization to be added back on the list.

HIPPA really doesn't have much to do with this as it just mandates that you have a opt-out box. It's more concerned with privacy and data and what fields can be used for fundraising purposes.

Sheryl Gillespie

@JoAnn Strommen I appreciate your response, thank you. We have very few mailings that DON'T ask for an ask of some kind. I think we're leaning toward what others have said, which will include if it's an opt-out of mailings then that means any and all type of USPS mail. Because we don't want to get wrapped up in using too many codes or someone using it differently than others.

Sheryl Gillespie

@Miki Martin Thank you for your response and attaching the HIPPA information for me. I haven't had a chance to look at it yet. I'm actually on PTO today but wanted to make sure I responded. We have a lot of solicit codes I believe we need to clean up. Maybe take some out and add some that are less broad maybe. Again, thank you for your response. I appreciate it.

Sheryl Gillespie

@Dariel Dixon Thank you for responding. I agree with you 100% on trying to dissect what the response means. It seems that interpretations vary, from a broad “all-inclusive" (any and all) approach to a more targeted "one-off" response if the response came from a Spring Appeal or Grateful Patient appeal etc. Which is why we've decided to clean it up and clear it up, so we have a uniform understanding across the board.

We did consider exploring the option of modifying the language with the HIPPA verbiage, but that would involve navigating through numerous hoops with legal and an unknown amount of time. So, I believe just being consistent when we see that box checked is going to be the best route.

Again, thank you for your time and response, I do appreciate it ?