Memo Calls on ActBlue to Ramp Up Enforcement of New Policies

Just over a month after ActBlue rolled out a set of major policy changes intended to clamp down on misleading and erroneous fundraising practices, a pair of Democratic operatives are pressing the online fundraising platform to do more. 

In a memo sent to ActBlue leadership on Monday, Civic Shout CEO Josh Nelson and Donor Organizer Hub Executive Director Haley Bash applauded the account use policy changes at ActBlue, but argued that the effort’s effectiveness has been hindered by inconsistent enforcement, unclear terms, a lack of transparency and a “convoluted” reporting process for potential violations.

Because of that, Nelson and Bash wrote, “donors remain at risk when repeat offenders continue operating unchecked, and when enforcement standards are applied inconsistently or remain unclear.”

“Donors who fuel our democracy deserve stronger protections from deceptive practices, and ActBlue has both the responsibility and the opportunity to set the standard for transparency and accountability in online fundraising,” the memo reads. “With stronger enforcement, clearer rules, and greater transparency, ActBlue can fulfill its promise of safeguarding Democratic and progressive donors.”

The memo suggests that, despite ActBlue’s efforts to address so-called “bad actors” on its donation processing platform, there are lingering concerns among some Democratic and progressive practitioners, who have complained that ActBlue hasn’t done enough to protect online donors from exploitative fundraising practice.

Nelson and Bash were among more than 140 consultants, campaign staff, nonprofit staff, technology vendors, donor organizers, donors and academics who signed a letter last year to ActBlue’s leaders urging the platform to crack down on the “questionable fundraising tactics” deployed by some campaigns and committees.

ActBlue sought to address some of those complaints last month when it rolled out a new account use policy that, among other things, banned fundraisers from making false claims in their solicitations and prohibited outside groups from using the name or likeness of candidates, elected officials or organizations “in a way that falsely implies endorsement, affiliation, or authorization without documented written permission.”

But according to Nelson and Bash’s memo, there are still challenges. The system used to report potential policy violations remains “confusing and overly complicated,” the memo reads, and ActBlue has failed to “acknowledge or respond to some complaints, leaving complainants unsure whether their concerns were reviewed or acted upon.”

The memo also alleges that ActBlue has failed to remove entities that repeatedly violated the rules from its platform and that enforcement of the account use policies has been “inconsistent.” The memo also calls on ActBlue to publish quarterly reports on its enforcement activities, including any warnings it issued. 

“We appreciate the progress ActBlue has made in publicizing the new [account use policy], clarifying prohibited tactics, and taking initial enforcement actions,” Nelson and Bash wrote. “These are meaningful steps forward. However, the specifics of the policy, the convoluted reporting process, and the uneven enforcement actions to date fall short of what is needed to address a problem of this scale.”

A spokesperson for ActBlue said that the memo is under review, but added that it mischaracterized the platform’s enforcement efforts. For instance, ActBlue has already delisted multiple entities for violating the new account use policies, the spokesperson said. 

The spokesperson also noted that ActBlue published a blog post on its website last month outlining the progress it has made in clamping down on deceptive fundraising practices, and said that the platform planned to provide “a regular update that keeps donors informed while not violating our fiduciary responsibilities.”

“We have been reviewing Josh and Haley’s memo,” Carter Christensen, a senior communications strategist at ActBlue, wrote in an email to Campaigns & Elections. “It’s unfortunate they chose to publish the memo publicly before giving us an opportunity to respond and help them correct several inaccuracies. Nonetheless, we know Josh and Haley are ultimately working to protect donors, which is a shared goal of ours.”