Chapter 86, TELECOMMUNICATIONS AND TECHNOLOGY
516 sections in this chapter.
Neb. Rev. Stat. § 86-219 Seller, defined.
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Seller means any person or organization who individually or through salespersons initiates unsolicited consumer telephone calls in order to (1) sell, lease, or rent consumer goods or services, (2) offer gifts or prizes with the intent to sell, lease, or rent consumer goods or ser…
Neb. Rev. Stat. § 86-220 Solicitor, defined.
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Solicitor means any person, who is not the seller offering a prize promotion, who represents to an individual that the individual has won or will receive a prize.
Neb. Rev. Stat. § 86-221 Sponsor, defined.
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Sponsor means any person on whose behalf a solicitor gives a prize but who is not the seller offering a prize promotion.
Neb. Rev. Stat. § 86-222 Unsolicited consumer telephone call, defined.
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Unsolicited consumer telephone call means a consumer telephone call other than a call made: (1) In response to an express request of the person called; (2) Primarily in connection with an existing debt or contract, for which payment or performance has not been completed at the ti…
Neb. Rev. Stat. § 86-223 Verifiable retail value, defined.
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Verifiable retail value means the price (1) at which the solicitor or sponsor can demonstrate that a substantial number of prizes have been sold within the prior twelve months by a person other than the solicitor in the trade area in which the prize notice is given or (2) no more…
Neb. Rev. Stat. § 86-224 Payment; consumer's express verifiable authorization required.
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A seller may not obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a consumer's checking, savings, share, or similar account, without that consumer's express verifiable authorization. Such authorization shall be deemed verifiable if any of th…
Neb. Rev. Stat. § 86-225 Consumer rights.
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(1) In addition to any other right to revoke an offer: (a) The consumer obligated for any part of the purchase price may cancel the telephone sale until midnight of the fifth business day after the day on which the consumer has received written notice from the seller notifying th…
Neb. Rev. Stat. § 86-226 Restriction on obtaining consumer's payment.
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It is unlawful for a seller to procure the services of any third-party delivery, courier, or other pickup service to obtain a consumer's payment for goods, unless the goods are delivered and can be inspected.
Neb. Rev. Stat. § 86-227 Restriction on advance payment.
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It is unlawful for a seller to request or receive payment or other consideration, in advance, from a consumer to recover or otherwise aid in the return of money or any other item lost by the consumer in a prior telemarketing transaction. This section does not apply to services pr…
Neb. Rev. Stat. § 86-228 Prize promotions; information required.
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In the case of prize promotions, it is unlawful for a seller to fail to provide the following information: (1) The odds of winning or receiving the prize and, if the odds are not calculable in advance, the factors used in calculating the odds; (2) That no purchase and no payment …
Neb. Rev. Stat. § 86-229 Solicitor, sponsor, or seller; prohibited acts.
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A solicitor, sponsor, or seller shall not: (1) Misrepresent the source of any written prize notice; (2) Represent directly or by implication that the number of individuals eligible for the prize is limited or that an individual has won or will receive a particular prize unless th…
Neb. Rev. Stat. § 86-230 Records required.
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Sellers shall maintain records for twenty-four months in compliance with 16 C.F.R. 310.5, as such regulation existed on January 1, 2002.
Neb. Rev. Stat. § 86-231 Burden of proof.
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In any civil proceeding alleging a violation of the Telemarketing and Prize Promotions Act, the burden of proving an exemption from the act or an exemption from a definition in the act is upon the person claiming it. In any criminal proceeding alleging a violation of the act, the…
Neb. Rev. Stat. § 86-232 Act; how construed.
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The Telemarketing and Prize Promotions Act shall not be construed to limit the remedies available to consumers, the Attorney General, or any county attorney under the Uniform Deceptive Trade Practices Act or any other state or federal law.
Neb. Rev. Stat. § 86-233 Consumer; remedies.
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Any consumer that suffers a loss or harm as a result of a violation of the Telemarketing and Prize Promotions Act may recover actual damages, attorney's fees, court costs, and any other remedies provided by law. The state, on behalf of its residents who have suffered a loss or ha…
Neb. Rev. Stat. § 86-234 Violation; penalty.
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A violation of the Telemarketing and Prize Promotions Act is a Class I misdemeanor.
Neb. Rev. Stat. § 86-235 Violation; civil penalty.
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Any person who violates the Telemarketing and Prize Promotions Act shall be subject to a civil penalty of not more than two thousand dollars for each violation. The Attorney General, acting in the name of the state, may seek recovery of such civil penalties in a civil action.
Neb. Rev. Stat. § 86-236 Act, how cited.
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Sections 86-236 to 86-257 shall be known and may be cited as the Automatic Dialing-Announcing Devices Act.
Neb. Rev. Stat. § 86-237 Definitions, where found.
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For purposes of the Automatic Dialing-Announcing Devices Act, the definitions found in sections 86-238 to 86-243 apply.
Neb. Rev. Stat. § 86-238 Automatic dialing-announcing device, defined.
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Automatic dialing-announcing device means a device which selects and dials telephone numbers and automatically plays a recorded message.
Neb. Rev. Stat. § 86-239 Commission, defined.
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Commission means the Public Service Commission.
Neb. Rev. Stat. § 86-240 Emergency purposes, defined.
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Emergency purposes means any situation affecting the health and safety of a consumer.
Neb. Rev. Stat. § 86-241 Established business relationship, defined.
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Established business relationship means a prior or existing relationship formed by a voluntary two-way communication between a person and a residential or business telephone subscriber, with or without an exchange of consideration, on the basis of an inquiry, application, purchas…
Neb. Rev. Stat. § 86-242 Telephone solicitation, defined.
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(1) Telephone solicitation means a telephone call or message using an automatic dialing-announcing device for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which call or message is transmitted to any person. (2) Telephone so…
Neb. Rev. Stat. § 86-243 Unsolicited advertisement, defined.
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Unsolicited advertisement means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission.
Neb. Rev. Stat. § 86-244 Telephone solicitations; restrictions.
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A person shall not initiate a telephone solicitation, other than a call made for emergency purposes, using an automatic dialing-announcing device to: (1) An emergency telephone line, including 911 or any emergency or business line of a hospital, physician or medical service offic…
Neb. Rev. Stat. § 86-245 Unsolicited advertisement to telephone facsimile machine; prohibited.
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A person shall not use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.
Neb. Rev. Stat. § 86-246 Automatic dialing-announcing device; certain use prohibited.
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A person shall not use an automatic dialing-announcing device in such a way that two or more telephone lines of a business with a multiline telephone system are engaged simultaneously.
Neb. Rev. Stat. § 86-247 Telephone solicitation message; requirements.
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All telephone solicitation messages transmitted by an automatic dialing-announcing device shall: (1) At the beginning of the message, state clearly the identity of the person making the call; and (2) During or after the message, state clearly the telephone number, other than that…
Neb. Rev. Stat. § 86-248 Telephone solicitation to residential line; limitations.
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(1) A person shall not make a telephone solicitation using an automatic dialing-announcing device to a residential telephone line (a) before 8 a.m. or after 9 p.m. at the location of the person called and (b) unless the caller has instituted procedures for maintaining a list of t…
Neb. Rev. Stat. § 86-249 Automatic dialing-announcing device; release of telephone line; requirements.
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An automatic dialing-announcing device delivering a recorded message to a person shall release the telephone line of the person called within five seconds of the time notification is transmitted to the device that the person called has hung up, or as soon thereafter as the servin…
Neb. Rev. Stat. § 86-250 Permit required; procedure; liability; filing required.
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(1) A person shall not connect or operate an automatic dialing-announcing device for the purpose of making telephone solicitations on any telephone line unless the person has a current permit from the commission for the device. An applicant for a permit shall make a written appli…
Neb. Rev. Stat. § 86-251 Sequential dialing prohibited.
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A person shall not connect or operate an automatic dialing-announcing device in such a manner as to allow it to dial telephone numbers sequentially which means in any manner other than a random manner. A detectable, predictable pattern which can be used to accurately project the …
Neb. Rev. Stat. § 86-252 Commission; adopt rules and regulations.
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The commission shall adopt and promulgate rules and regulations necessary to carry out the Automatic Dialing-Announcing Devices Act. The rules and regulations shall include limitations on the length of calls and messages and the days of the week, holidays, and time of day when ca…
Neb. Rev. Stat. § 86-253 Commission; enforcement.
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The commission may conduct investigations and shall enforce the Automatic Dialing-Announcing Devices Act. Upon written complaint and supporting affidavit that an applicable law, rule, or regulation has been or is being violated, the commission may enter a cease and desist order o…
Neb. Rev. Stat. § 86-254 Seizure of automatic dialing-announcing devices; when; destruction; liability.
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The commission, its agents or employees, or any peace officer of this state at the direction of the commission may, at any place in the state, seize without a warrant any automatic dialing-announcing device the operation of which does not conform in all respects to requirements i…
Neb. Rev. Stat. § 86-255 Commission decision; appeal.
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Any decision of the commission made pursuant to the Automatic Dialing-Announcing Devices Act or the rules and regulations may be appealed. The appeal shall be in accordance with section 75-136.
Neb. Rev. Stat. § 86-256 Automatic dialing-announcing device; registration required; when; message requirements; liability; filing required.
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(1) Any person using an automatic dialing-announcing device other than for telephone solicitations shall register the device with the commission pursuant to the application process, without a fee, and shall include with the application a detailed explanation of the use planned an…
Neb. Rev. Stat. § 86-257 Violations; administrative fine.
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The commission may administratively fine pursuant to section 75-156 any person who violates the Automatic Dialing-Announcing Devices Act or the rules and regulations adopted and promulgated under the act.
Neb. Rev. Stat. § 86-258 Act, how cited.
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Sections 86-258 to 86-270 shall be known and may be cited as the Intrastate Pay-Per-Call Regulation Act.
Neb. Rev. Stat. § 86-259 Definitions, where found.
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For purposes of the Intrastate Pay-Per-Call Regulation Act, the definitions found in sections 86-260 and 86-261 apply.
Neb. Rev. Stat. § 86-260 Commission, defined.
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Commission means the Public Service Commission.
Neb. Rev. Stat. § 86-261 Pay-per-call services, defined.
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Pay-per-call services means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a …
Neb. Rev. Stat. § 86-262 Common carriers; provide services; terms and conditions.
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Common carriers may provide intrastate transmission, under either contract or tariff, for pay-per-call services only under the terms and conditions set forth by the Intrastate Pay-Per-Call Regulation Act.
Neb. Rev. Stat. § 86-263 Rules and regulations regarding preambles.
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In addition to the general requirements set forth in subsection (1) of section 86-269, the commission specifically shall adopt and promulgate rules and regulations as necessary regarding preambles to intrastate pay-per-call programs consistent with 16 C.F.R. 308.1 through 308.9, …
Neb. Rev. Stat. § 86-264 Common carrier; provide information to consumers.
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The common carrier providing intrastate transmission for pay-per-call services shall provide to consumers upon request the name, address, and customer service telephone number of any information provider to whom the common carrier provides such transmission service, either direct…
Neb. Rev. Stat. § 86-265 Option to block nine hundred services; charges; rules and regulations for involuntary blocks.
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(1) Local exchange carriers shall offer to their subscribers, when technically feasible, an option to block intrastate nine hundred service. Blocking shall be offered at no charge on a one-time basis to all residential telephone subscribers. For blocking requests not within the o…
Neb. Rev. Stat. § 86-266 Common carrier; prohibited acts.
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No common carrier shall disconnect or order the disconnection of a subscriber's basic telecommunications service as a result of the subscriber's failure to pay interstate or intrastate pay-per-call service charges.
Neb. Rev. Stat. § 86-267 Transmission services; acceptance of charges required.
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No common carrier shall provide transmission services for pay-per-call services originated by an information provider and charged to the consumer unless the called party has taken affirmative action clearly indicating that it accepts the charges for the collect pay-per-call servi…
Neb. Rev. Stat. § 86-268 Transmission services; limitations.
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No common carrier shall provide transmission services for any pay-per-call service which employs broadcast advertising that generates the audible tones necessary to complete a call to a pay-per-call service.