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Welcome to Charity Therapy, the podcast where we explore the ups and downs of the nonprofit
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sector and answer your burning questions.
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I'm your host, Jess Berkin, owner of Berkin Law Office, and I'm excited you're here.
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Imagine hanging out with me in my super smart, funny nonprofit expert pals.
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You get to ask them anything about your nitty gritty nonprofit life and get their wisdom
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Whether you're a seasoned pro or just strapping on your nonprofit boots, we're here to share
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stories and remind you, you're not alone on this journey.
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So get ready to join the conversation and bring me the tough questions.
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Hello, and welcome to this episode of Charity Therapy.
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I am your intrepid host, Jess, here with my intrepid.
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Megan, hey, I don't know how this became part of the constant lexicon of this podcast,
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but I don't hate it.
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As long as we don't say the word impactful or what was your kryptonite word, you had one
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You don't hate enough, Megan.
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You don't hate this word, whatever it was, you do not hate it enough because you should
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just be able to be like, it's this, because impactful is like, I hate it with a passion.
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You heard of your first folks.
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If you say the word impactful around Jess, she will be judging you for it.
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I know like, websters needs to stay culturally relevant and like language changes over time.
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But no, the reality is people just were saying the word impact wrong.
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And then everybody just papily blessed it.
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Everybody was just like, I guess that's a new word.
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Things are not full of impact.
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You can't have something that is full of impact.
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It had great impact on you.
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It is not full of impact.
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I'm a calm down now.
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This is as one might guess, not the first time I've heard this and from Jessica Burkin.
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I am just not quite as much of a hater about it on certain things, but that's okay.
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You just haven't had time to make me tell you whatever the word was.
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I forget what it was.
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Give me another 15 years.
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And maybe this will be like the bane of my existence.
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As it becomes more and more common and people keep using it.
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And now it's become like in the dictionary, you're your rage over this word that shouldn't
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be used or exists will grow.
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It's one of the fantastic parts of getting older, old woman, old woman shakes just like
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sky set into your, yeah, I mean, you're not old, but you know what I'm saying, not
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Just one of those things where you like look up and realize, hmm, that's definitely like
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an older adult move.
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I already do this with technology sometimes where I'm like, oh no, like I'm not that great
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with some newer technologies and I'm always a little behind the times on pop culture
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And I'm just like, when I'm like 65, like kids and grandkids are going to be like, what
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Like, well, it's fine.
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I guess we should probably do whatever we're doing here.
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I'm like, keep that ranty feeling you have now because as you know, Jess, we're going
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to do a little, we're going to wait into some drama today.
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It's going to be a slightly different podcast instead of a traditional listener question.
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This one, we're ripping from the, you know, halls of LinkedIn, some drama happening over
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Jess, you spotted this post from Eve, tell, tell the people about Eve.
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So Eve, if you've been listening to the pot for a while, Eve Barnes has been a guest.
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Eve is like one of the most well-respected, most knowledgeable nonprofit lawyers out
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Eve testifies before Congress.
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She talks to the IRS commissioners, she's a trained as an accountant and an attorney.
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She's been around for a million years and there's like almost nobody who I respect in
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my profession more than Eve Barnes seen.
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So of course, I follow her on LinkedIn and she's been impactful.
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There will be no more episodes featuring Megan.
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Megan is now dead to me.
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I really had, I just, I had to, I'm sorry, continue.
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The opportunity was there and I couldn't.
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Don't anyway, yeah, she's like the 990 queen, she's amazing.
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And yeah, she's been posting on LinkedIn and she had a post about her, her experience as
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a donor with getting the automated acknowledgement letter from a nonprofit donation collection platform
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and yeah, the letter was legally insufficient and Eve had some thoughts about it.
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You can imagine as a donor, she is very well aware of what the rules are and what she
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needs to be able to do.
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So let me read a snippet of the post for these people, for the people so that they know
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what we're talking about.
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So Eve's post last week of the year, we made a substantial amount of charitable contributions
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many affected online this morning.
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We received tons of official receipts for US income tax purposes and every one of those
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generated by classy, the gifting platform, the Doni used failed to state.
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No goods or services were provided back to us in exchange for the contribution.
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So once more, I have to start a watch or more likely eventually initiate a, a communication
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thread with the organization for a replacement letter because the one in hand is useless
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for those of us whose dollar gift was $250 or more.
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There's a lot of like nonprofit professionals getting kind of riled up in the comments here
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about this issue that seems to be a longstanding issue.
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So Jess, can you break it down here?
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So here's, well, first of all, there's a bunch of software companies that their business
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model is to sell their product to nonprofits to make getting online donations easier.
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So software is a service that they charge money for nonprofits are paying for it.
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And they're sort of pitch is you can collect money online.
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We make everything easy for you.
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Everything is covered.
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And one of those things that they offer to do is send the donor a gift acknowledgement
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letter, which is great, except the IRS has rules around what has to be in there.
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And that gift acknowledgement letter in order for you to actually take a deduction on
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So if you have a letter that doesn't actually meet through requirements, the IRS will
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say, sorry, that donation actually didn't count.
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And I mean, realistically, unless you're getting audited, this isn't coming up, which
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is why I think this continues to be a problem, but people who actually know are going to
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be annoyed that they didn't get a good letter from you.
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And there are a lot of donors who don't care because they're giving $20.
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And if you give $20, there's no letter requirement.
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So this only applies to people who are giving more than $250.
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But the more the bigger the gift is, the more likely it is that the person actually cares
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to put it in their tax file because like Eve's post thinks somewhere, she says we made
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a lot of gifts and many of them were way over $250.
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So they actually do care about getting the deduction.
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And now instead of the donor feeling like, hey, this is a warm fuzzy feeling.
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She's feeling ticked off because now there's all this extra work she's going to have to
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Well, and it says it in the comments in the conversation that has kind of been spurred
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But you know, for Eve issue saying like, this is not actually something we're even going
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to get a deduction for, but there's some like state rules that they had to like deal
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with that an insufficient letter isn't going to work.
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So it's like it comes up in other directions too.
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And these are people who want to substantially support your mission with like a large donation,
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like over $250, potentially way over $250.
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And so the last thing the nonprofit surely wants to do is give them more work to reach
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out and be like, Hey, this letter doesn't actually work.
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We need this from you and the back and forth to be able to get that done.
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So it creates a lot of friction and frustration from the donor who in theory is just trying
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to support your mission.
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And here's the thing.
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It's like what really chaps my hide is that it's too full, right?
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It's the software is a service people being like, we've solved this problem for you.
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And you know, a lot of nonprofits don't know what they don't know.
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And so like they hear you say we're professional service and we're going to solve this problem
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for you done and done.
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And they're like, great, I'm relying on you.
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Your professional service provider, you're saying we're good, right?
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And then it's frustrating because if you're if you're getting gifts over $250, you should
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not be counting on software to just kind of like manage that for you, right?
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I mean, there should be a handwritten think you know, there should be some tickler in
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the system that's like, Hey, this person, it has is giving at a higher level.
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You're going to engage with them differently in the future.
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You're going to like try and obviously they might give it at even higher level.
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Well, you know, who's not going to give it an even higher level?
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Somebody who's annoyed with your lack of professionalism in making their gift easy.
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And so it's like the nonprofits shooting themselves in the foot and then wondering why they don't
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bring in more money for fundraising.
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Well, and the thing is, is that like I have a lot of empathy for the nonprofit in this
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situation because classy is a very like well known respected, like common software to
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use in the industry.
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So if you are just sort of like it's saying it sends an auto generated, you know, I'm sure
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there's a lot of people in a demo and I'm sure they're holding themselves out like they're
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doing this for you.
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So of course, people are relying on it.
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And none of these like smaller nonprofits are like going to look at the IRS rules for
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the donate, you know, don't acknowledgement letters like they're relying on third party
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information to try to comply with these rules.
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And so when you have this, you know, well known platform that is claiming that they'll
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do everything for you.
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Like yes, it's on the nonprofit to check that and make sure that is correct and not just
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And the day it's like, why is this, you know, this is, you know, the classic example that
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we've talked about before of a for-profit company trying to quote unquote, help nonprofits
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and make their life so much easier, but actually just stepping in it and causing problems
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Well, and what kills me is when you are doing the research for this episode that you you
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discovered, not that it's not knowledge, but it was we didn't know that class is actually
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owned by GoFundMe, which has, you know, been.
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The eyeer of everybody in nonprofit consulting for the last two months over their whole
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And if you don't know what I'm talking about, go back and listen to our, our episode,
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a couple of episodes ago about GoFundMe deciding that they were just going to give everybody
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a donation profile, whether you want to one or not, it was a whole mess, it was a whole
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So I'm like, I was just like, oh, that makes sense.
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And again, this is not something that I was personally like aware of the issue here,
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but from Eve's post in this conversation that has been generated, it's pretty clear
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that this is an ongoing problem that has just refused to be fixed.
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And it's one of those things that maybe the donation, you know, platform literally
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cannot provide the correct letter.
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Like maybe it's too complex for that.
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I'm asking classy to do things that are not possible, you know, like, but it's like,
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don't hold yourself out as taking care of everything.
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If you can't, like if it's too complex to do it, don't do it here.
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I got a lot of software developers in my world, right?
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And I understand, you know, I've seen, seen the memes in the short form content about,
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you know, why the unreasonable ask from the company to this simple feature we just want
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and it's like an unreasonable ask, I get that.
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Is this basic logic?
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If gift equal $250 or more, if the number in that field is $250 or more, then do not
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send acknowledgement.
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Like, just, right, just don't even send it.
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It's truly not like in an ideal world, would you be able to, like, set up little campaigns
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and you're saying, this one comes with a get your free t-shirt if you donate at this
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And so when they click this button, the acknowledgement is going to say something else.
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I understand that that's more complicated software development.
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But literally just if the dollar amount is $250 or more, don't send the acknowledgement
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because I can already hear somebody's listening to this.
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And they work at a nonprofit that uses glassy and they're like, no, no, no, we are on top
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Like, yeah, it does that.
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But then we follow up with, I don't care because the donor who knows is already ticked
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You lost the opportunity to have a pleasant interaction when that acknowledgement that's
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I don't care if you follow up with the right thing.
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You had the opportunity to make this a good experience and that's gone the second
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And also the donor who doesn't know who then is like running around with this letter that
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if it's actually needed for something, doesn't find out until way after the fact because
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the reality is even if you send a follow up one, which one are they going to remember to
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Like, there's now two in their email or whatever that has the like information in it.
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And it's 50, 50, whether they grab the first one that came or the second one that came.
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And like, they're not going to know that there's a substantial difference between these two
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donor acknowledgement letters, particularly if the one from classy says that this is like
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legally sufficient or whatever it says.
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So it's just, yeah, well, it's a frankly, I don't know.
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I haven't used this software.
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Maybe it is fully customizable.
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And maybe nonprofits are just not doing it, you know?
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Maybe class is going to be like, yeah, dumb, dumb, you could be doing this.
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Well, you know what, that's your, your causing people to have a legal issue at their nonprofit.
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You should work a little harder onboarding your new customers, make sure that they know
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how to customize it and that maybe this is not rocket science.
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You don't need to hire me to figure out that this is the rule.
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So like maybe provide some documentation about how to make, make a good gift acknowledgement
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because it's also different if you, if you did give somebody something and you can see
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where that would be like, donate to the public radio station, you're going to get a tote bag
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and that happens online, right?
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Like, it just everybody is potentially in the wrong here.
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And it just, it's not that hard of a thing to fix is my beef.
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The fact that this has evidently been going on for years that, that is kind of the whole
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point of Eve's post is not even just that like, this thing happened that now I have to
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go chase down some nonprofits for a better letter.
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It's that this happens every single year and no one has made any changes.
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And she even talked about how like there's been such an uproar about the GoFundMe nonprofit
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pages well deserved.
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But like, why are we not also, right?
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Like yelling at them about this one because like, let's get this, you know, changed for
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the nonprofit sector.
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Like, it doesn't have to be this way.
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Well, Eve, you know, if you happen to be listening to this because I, that would be like
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my dream that Eve listens to our podcast, you know, you want to come on here and rant.
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Open invite girl, get at me.
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Like, come on back.
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We have, we have you back.
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I just have two kind of main takeaways here, actually, maybe three.
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So one is that like, you need to send out gift acknowledgement letter when you receive
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And it's not just a simple thank you.
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There are like IRS rules that dictate what needs to be in that letter.
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So if you are not doing that, this is your indication that something needs to change there
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so that you are following those rules.
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Secondly, don't trust every single software that tells you that it just takes care of
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everything for you.
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Like nonprofits are complex and unfortunately, that means that a lot of people who are in
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theory wanting to help or really wanting to make money off the sector, don't actually
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know what you need to do.
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And the last takeaway really is that this is a real trend of software as a service or
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other sort of for profits try to help and they are actively causing problems.
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But as we saw with the GoFundMe thing last year that you like, if we make enough noise,
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we can let them know that it's not helping.
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So let's make a little noise.
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I would love to see GoFundMe's comment section blow up with demands for this to be better
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or better documentation or whatever.
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What we forgot to say as the fourth takeaway is that thou shalt not use the word impactful
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in your day-to-day life ever again.
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So if you are in a fendler, no, that I disapprove and you need to seek reform, okay?
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You need to be reforming your vocabulary use other than that, though.
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I think those takeaways were great, Megan.
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So glad I could provide the ones that are actually relevant to the opposite.
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Thank you so much for being here.
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This episode with a friend, if you are aware or involved in the nonprofit who uses online
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giving, look at your donation acknowledgments.
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Make sure you're doing them right.
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Make sure you're having a good experience with your donors and let people know about
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It really helps us out.
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If you have a question or a story to share, you know, get at us.
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We'd love to keep it anonymous and, you know, as long as you're not even born soon,
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I'm not going to say your name on the internet.
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So send us a message at charitytherb.show and thanks a lot.