Nebraska TCPA and telemarketing law
Nebraska has its own telemarketing statute with a private right of action.
| Statute | Neb. Rev. Stat. § 86-212 et seq.; Neb. Rev. Stat. § 86-236 et seq. | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | Not yet verified | |
| Covers text messages | Not yet verified | |
| Cure period | Not yet verified |
Nebraska regulates telemarketing through two statutes. The Telemarketing and Prize Promotions Act covers unsolicited consumer telephone calls by sellers, with rules on payment authorization, cancellation rights and prize promotions. The Automatic Dialing-Announcing Devices Act covers calls that play a recorded message, requiring a Public Service Commission permit, caller identification, calling hours of 8 a.m. to 9 p.m. for residential lines, and a company do-not-call list.
Recorded solicitations are not covered when made with the person's prior express invitation or permission or to someone with an established business relationship, and calls by a live operator without a prerecorded message are excluded. A consumer who suffers a loss under the Telemarketing and Prize Promotions Act may recover actual damages, attorney's fees and costs. The Attorney General may seek a civil penalty of up to $2,000 per violation, and the commission enforces the device act.
Source: Neb. Rev. Stat. § 86-212 et seq.; Neb. Rev. Stat. § 86-236 et seq. ↗