Nebraska Consent Requirements
What consent you need before calling or texting consumers in Nebraska
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Nebraska for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Written Consent Required | Required | No | Not Sufficient |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Nebraska requires registration with PSC ($300/year + $25,000 bond) and prior express consent for telemarketing calls. Hours: 8 AM–9 PM. Identity disclosure within 30 seconds. Scrub against Nebraska DNC list (updated every 90 days) and federal DNC Registry. Manual dialing to non-DNC numbers is the standard cold calling path.
ATDS Definition
Nebraska does not define ATDS at the state level beyond the ADAD Act definition (equipment that automatically dials and delivers prerecorded messages). Federal TCPA post-Duguid definition applies for general autodialer analysis.
Statute
Neb. Rev. Stat. § 86-236 et seq.
SMS
Notes
Nebraska defers to federal TCPA for SMS consent requirements. Prior express written consent required for autodialed or marketing texts. One-to-one consent required under FCC January 2025 rule.
ATDS Definition
No state-specific ATDS definition for SMS. Federal TCPA/FCC definition applies.
Statute
Neb. Rev. Stat. § 86-236; 47 U.S.C. § 227
AI Voice
Notes
AI voice calls likely trigger both Nebraska's ADAD Act and the FCC February 2024 declaratory ruling classifying AI voices as artificial/prerecorded. Prior express written consent required. Registration with PSC may be required for AI voice delivery equipment.
ATDS Definition
No state-specific AI voice definition. AI-generated voice likely falls under ADAD Act and federal TCPA artificial/prerecorded voice classification per FCC 24-17.
Statute
Neb. Rev. Stat. §§ 86-1201 to 86-1213; 47 U.S.C. § 227; FCC 24-17
Prerecorded
Notes
Nebraska has specific ADAD legislation covering prerecorded messages. Must register ADAD equipment with PSC. Prior consent required for commercial prerecorded messages. Devices must disconnect within 10 seconds of hang-up. Federal TCPA also applies.
ATDS Definition
Nebraska ADAD Act defines automatic dialing-announcing devices as equipment that automatically dials and delivers prerecorded messages. This is a narrower definition focused on devices, not as broad as some state mini-TCPA definitions.
Statute
Neb. Rev. Stat. §§ 86-1201 to 86-1213; 47 U.S.C. § 227(b)(1)(B)
Ringless Voicemail
Notes
Ringless voicemail drops are treated as calls under federal TCPA. Prior express written consent required for marketing RVM. Nebraska does not have separate RVM legislation.
ATDS Definition
No state-specific definition. FCC treats ringless voicemail as a call under TCPA.
Statute
47 U.S.C. § 227
MMS
Notes
MMS follows federal TCPA consent framework. Prior express written consent required for marketing MMS. One-to-one consent required under FCC 2025 rule.
ATDS Definition
No state-specific definition. Federal TCPA applies to MMS.
Statute
47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising follows federal TCPA rules. EBR exemption available. Must include opt-out mechanism. Nebraska does not impose additional state-level fax restrictions.
ATDS Definition
Federal TCPA Junk Fax Prevention Act standards apply.
Exemptions
EBR exemption for faxes to existing business relationships with opt-out notice.
Statute
47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →