Chapter 59, MONOPOLIES AND UNLAWFUL RESTRAINT OF TRADE
173 sections in this chapter.
Neb. Rev. Stat. § 59-1610 Assurance of discontinuance of prohibited act; approval of court; not considered admission.
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In the enforcement of the Consumer Protection Act, the Attorney General may accept an assurance of discontinuance of any act or practice deemed in violation of the Consumer Protection Act, from any person who engages in, or who has engaged in, such act or practice. Any such assur…
Neb. Rev. Stat. § 59-1611 Demand to produce documentary materials for inspection; contents; service; unauthorized disclosure; return; modification; vacation; use; penalty; sale, offer, or advertisement of property or services; connected accounts or assets; Attorney General; powers; court order.
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(1) Whenever the Attorney General believes that any person may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or …
Neb. Rev. Stat. § 59-1612 Limitation of action.
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Any action to enforce a claim for damages under section 59-1609 shall be forever barred unless commenced within four years after the cause of action accrues; Provided, that whenever any action is brought by the Attorney General for a violation of sections 59-1602 to 59-1606, exce…
Neb. Rev. Stat. § 59-1613 Final judgment or decree; prima facie evidence in civil action; exception.
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A final judgment or decree rendered in any action brought under section 59-1608 by the state to the effect that a defendant has violated sections 59-1602 to 59-1606 shall be prima facie evidence against such defendant in any action brought by any party against such defendant unde…
Neb. Rev. Stat. § 59-1614 Civil penalties; Attorney General; duties.
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Any person who violates section 59-1603 or 59-1604 or the terms of any injunction issued as provided in the Consumer Protection Act shall forfeit and pay a civil penalty of not more than five hundred thousand dollars. Any person who violates section 59-1602 shall pay a civil pena…
Neb. Rev. Stat. § 59-1615 Dissolution, suspension, or forfeiture of corporate franchise.
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Upon petition by the Attorney General, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation which violates section 59-1603 or 59-1604 or the terms of any injunction issued as provided in the Consumer Protection Act.
Neb. Rev. Stat. § 59-1616 Personal service of process outside state.
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Personal service of any process in an action under the Consumer Protection Act may be made upon any person outside the state if such person has engaged in conduct in violation of the act which has had impact in this state which the act prohibits.
Neb. Rev. Stat. § 59-1617 Exempted transactions; applicability of provisions.
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(1) Except as provided in subsection (2) of this section, the Consumer Protection Act shall not apply to actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the Director of Insurance, the Public Service Commission, the Federal Energy R…
Neb. Rev. Stat. § 59-1618 Agricultural products; producers; associations; form; requirements.
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Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut growers, or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, …
Neb. Rev. Stat. § 59-1619 Agricultural associations; monopolies; restraint of trade; Attorney General; complaint; notice of hearing.
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If the Attorney General shall have reason to believe that any association described in section 59-1618 monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such association a complain…
Neb. Rev. Stat. § 59-1620 Contracts and agreements in restraint of trade; void; voidable.
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All contracts and agreements made in restraint of trade by coconspirators in violation of the provisions of section 59-1603, 59-1604, or 59-1605 shall be void. All contracts and agreements made between a conspirator and an innocent party in violation of the provisions of section …
Neb. Rev. Stat. § 59-1621 Conspiracy in restraint of trade; findings; prima facie evidence.
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Upon a finding in district court that a conspiracy in restraint of trade existed in an action brought pursuant to section 59-1603 or 59-1604, that finding shall constitute prima facie evidence of the existence of the conspiracy in subsequent civil actions involving the conspiracy…
Neb. Rev. Stat. § 59-1622 Officers; liable for debts and obligations; when.
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Every president, treasurer, general manager, agent, or other person exercising the powers of such office of any corporation, joint-stock company, or other association, who has himself, in its behalf, knowingly violated, united to violate, or consented to the violation of the prov…
Neb. Rev. Stat. § 59-1623 Act, how cited.
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Sections 59-1601 to 59-1623 shall be known and may be cited as the Consumer Protection Act.
Neb. Rev. Stat. § 59-1701 Legislative intent and findings; seller-assisted marketing plans.
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(1) The Legislature finds and declares that the widespread sale of seller-assisted marketing plans, often connected with the sale of vending machines, vending racks, or work-at-home paraphernalia, has created numerous problems in Nebraska for purchasers which are inimical to good…
Neb. Rev. Stat. § 59-1701.01 Act, how cited.
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Sections 59-1701 to 59-1762 shall be known and may be cited as the Seller-Assisted Marketing Plan Act.
Neb. Rev. Stat. § 59-1702 Definitions; where found.
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For purposes of the Seller-Assisted Marketing Plan Act, unless the context otherwise requires, the definitions found in sections 59-1703 to 59-1714.01 shall be used.
Neb. Rev. Stat. § 59-1703 Seller-assisted marketing plan, defined.
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Seller-assisted marketing plan shall mean the sale or lease or offer for sale or lease of any product, equipment, supplies, services, license, or any combination thereof which will be used by or on behalf of the purchaser to begin or maintain a business when: (1) The seller of th…
Neb. Rev. Stat. § 59-1704 Person, defined.
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Person shall mean any individual, corporation, partnership, limited liability company, joint venture, or business entity.
Neb. Rev. Stat. § 59-1705 Seller, defined.
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Seller shall mean a person who sells or leases or offers to sell or lease a seller-assisted marketing plan and: (1) Has sold, leased, represents, or implies that the seller has sold or leased, whether in Nebraska or elsewhere, at least five seller-assisted marketing plans within …
Neb. Rev. Stat. § 59-1706 Purchaser, defined.
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Purchaser shall mean a person who is solicited to become obligated or does become obligated on a seller-assisted marketing plan contract.
Neb. Rev. Stat. § 59-1707 Equipment, defined.
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Equipment shall mean machines, all electrical devices, video or audio devices, molds, display racks, vending machines, coin-operated game machines, machines which dispense products, and display units of all kinds.
Neb. Rev. Stat. § 59-1708 Supplies, defined.
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Supplies shall mean any and all materials used to produce, grow, breed, or make any product or item.
Neb. Rev. Stat. § 59-1709 Product, defined.
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Product shall mean any tangible chattel, including food or living animals, which the purchaser intends to: (1) Sell or lease to the general public; (2) Use to perform a service for the general public; (3) Resell or attempt to resell to the seller of the seller-assisted marketing …
Neb. Rev. Stat. § 59-1710 Services, defined.
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Services shall mean any assistance, guidance, direction, work, labor, or services provided by the seller to initiate or maintain the seller-assisted marketing plan.
Neb. Rev. Stat. § 59-1711 Seller-assisted marketing plan contract or contract, defined.
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Seller-assisted marketing plan contract or contract shall mean any contract or agreement which obligates a purchaser to a seller.
Neb. Rev. Stat. § 59-1712 Initial payment, defined.
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Initial payment shall mean the total amount a purchaser is obligated to pay under the terms of the seller-assisted marketing plan contract prior to or at the time of delivery of the equipment, supplies, products, or services or within six months of the purchaser commencing operat…
Neb. Rev. Stat. § 59-1713 Buy-back or secured investment, defined.
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Buy-back or secured investment shall mean any representation which implies in any manner that the purchaser's initial payment is protected from loss.
Neb. Rev. Stat. § 59-1714 Ongoing business, defined.
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Ongoing business shall mean one which for at least six months previous to the sale: (1) Has been operated from a specific given location; (2) Has been open for business to the general public; and (3) Has had all equipment and supplies necessary for operating the business located …
Neb. Rev. Stat. § 59-1714.01 License, defined.
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License shall mean the right or permission to use (1) material or personal property, including computer programs, protected under the copyright or patent laws of the United States or any foreign government and (2) a trademark, service mark, or trade name registered under Nebraska…
Neb. Rev. Stat. § 59-1715 Seller-assisted marketing plan; securities excluded.
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A seller-assisted marketing plan shall not include a security as defined by subdivision (14) of section 8-1101.
Neb. Rev. Stat. § 59-1716 Seller-assisted marketing plan; real estate or insurance transactions; excluded.
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A seller-assisted marketing plan shall not include any transaction for which either the seller, purchaser, lessor, or lessee is licensed pursuant to and the transaction is governed by the State Real Estate Commission or the Department of Insurance.
Neb. Rev. Stat. § 59-1717 Seller-assisted marketing plan; sales under certain license; excluded.
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A seller-assisted marketing plan shall not include a license granted by a general merchandise retailer which allows the licensee to sell goods, equipment, supplies, products, or services to the general public under the retailer's trademark, trade name, or service mark when the ge…
Neb. Rev. Stat. § 59-1718 Seller-assisted marketing plan; sale or lease to ongoing business enterprises; excluded.
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A seller-assisted marketing plan shall not include a sale or lease to an ongoing business enterprise which also sells or leases equipment, products, or supplies or performs services which are not supplied by the seller and which the purchaser does not utilize with the equipment, …
Neb. Rev. Stat. § 59-1718.01 Seller-assisted marketing plan; sales under five hundred dollars; exemption from act; conditions.
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A seller-assisted marketing plan shall not include the sale of a business opportunity for which the immediate cash payment made by the purchaser does not exceed five hundred dollars and the payment is made for the not-for-profit sale of sales demonstration equipment, material, or…
Neb. Rev. Stat. § 59-1719 Seller-assisted marketing plan; sale of an ongoing business; excluded.
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A seller-assisted marketing plan shall not include the sale of an ongoing business.
Neb. Rev. Stat. § 59-1720 Seller-assisted marketing plan; certain sale, lease, or offer; excluded.
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A seller-assisted marketing plan shall not include a sale, lease, or offer to sell or lease to a purchaser: (1) Who has for a period of at least six months previously bought products, supplies, services, or equipment which were sold under the same trademark or trade name or which…
Neb. Rev. Stat. § 59-1721 Seller-assisted marketing plan; renewal or extension of existing plan; excluded.
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A seller-assisted marketing plan shall not include the renewal or extension of an existing seller-assisted marketing plan contract.
Neb. Rev. Stat. § 59-1722 Transaction involving the sale of a franchise; exempt; exception; conditions; fee.
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(1) Any transaction involving the sale of a franchise as defined in 16 C.F.R. 436.1(h), as such regulation existed on January 1, 2026, shall be exempt from the Seller-Assisted Marketing Plan Act, except that such transactions shall be subject to subdivision (1)(d) of section 59-1…
Neb. Rev. Stat. § 59-1722.01 Transaction; sales under five hundred dollars; exemption from act; provisions applicable.
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Any transaction in which the purchaser makes or will become obligated to make a total initial payment of an amount not exceeding five hundred dollars shall be exempt from the Seller-Assisted Marketing Plan Act, except that such transactions shall be subject to section 59-1751, to…
Neb. Rev. Stat. § 59-1723 Seller-assisted marketing plan; sale, lease, or offer; occurs; when.
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(1) An offer to sell or offer to lease a seller-assisted marketing plan shall occur in this state whenever: (a) The offer to sell or offer to lease is made in this state; (b) The purchaser resides in this state at the time of the offer; or (c) The offer to sell or offer to lease …
Neb. Rev. Stat. § 59-1724 Marketing plan; seller; disclosure document; contents; list of sellers; file; update; fees.
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(1)(a) Before placing any advertisement, making any other solicitation, making any sale, or making any representations to any prospective purchaser in Nebraska, the seller shall file with the Department of Banking and Finance a copy of a disclosure document prepared pursuant to s…
Neb. Rev. Stat. § 59-1725 Marketing plan; violations; investigations; director; powers.
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(1)(a) The Director of Banking and Finance in his or her discretion may make such investigations within or without this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of the Seller-Assisted Marketing Plan Act o…
Neb. Rev. Stat. § 59-1725.01 Seller-assisted marketing plan; cease and desist order; fine; injunction; procedures; appeal.
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(1) The Director of Banking and Finance may summarily order a seller or any officer, director, employee, or agent of such seller to cease and desist from the further offer or sale of any seller-assisted marketing plan by the seller if the director finds: (a) There has been a subs…
Neb. Rev. Stat. § 59-1726 Marketing plan; seller; use of certain phrases; prohibited.
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In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not: (1) Use the phrase buy-back or secured investment or similar phrase orally or in writing when soliciting, offering, leasing, or selling a seller-assi…
Neb. Rev. Stat. § 59-1727 Marketing plan; buy-back or security investment provision; invoked; entitlement.
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Upon invocation of the buy-back or security investment provision under section 59-1726, the minimum amount a purchaser shall be entitled to have returned to him or her is the full amount of his or her initial payment, less the money actually received by him or her from the operat…
Neb. Rev. Stat. § 59-1728 Marketing plan; payment secured; buy-back arrangement; representations; prohibited; exception.
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In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not represent that a purchaser's initial payment is secured in any manner or to any degree or that the seller provides a buy-back arrangement unless the s…
Neb. Rev. Stat. § 59-1729 Marketing plan; earning potential claim; substantiated by data.
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In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not represent that the seller-assisted marketing plan provides income or earning potential of any kind unless the seller has data to substantiate the clai…
Neb. Rev. Stat. § 59-1730 Marketing plan; advertising; commercial symbol; requirements.
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In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business which does not either control the owner…
Neb. Rev. Stat. § 59-1731 Marketing plan; advertisement; name and address of seller; required.
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In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not place or cause to be placed any advertisement for a seller-assisted marketing plan which does not include the actual business name of the seller, and …