Chapter 86 — TELECOMMUNICATIONS AND TECHNOLOGY
651 sections in this chapter.
Neb. Rev. Stat. § 86-1705 Enforcement; penalty.
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The Attorney General shall enforce the Parental Rights in Social Media Act and may impose a penalty of up to two thousand five hundred dollars per violation. All penalties collected pursuant to this section shall be remitted to the State Treasurer for distribution in accordance w…
Neb. Rev. Stat. § 86-1801 Conversational Artificial Intelligence Safety Act, how cited.
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Sections 86-1801 to 86-1807 shall be known and may be cited as the Conversational Artificial Intelligence Safety Act.
Neb. Rev. Stat. § 86-1802 Terms, defined.
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For purposes of the Conversational Artificial Intelligence Safety Act: (1) Account holder means an individual who has, or opens, an account or profile to use a conversational artificial intelligence service; (2)(a) Conversational artificial intelligence service means an artificia…
Neb. Rev. Stat. § 86-1803 Operator; requirements related to minor account holders.
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(1) An operator shall clearly and conspicuously disclose to each minor account holder that such minor account holder is interacting with artificial intelligence: (a) As a persistent visible disclaimer; or (b) Both: (i) At the beginning of each session; and (ii) Appearing at least…
Neb. Rev. Stat. § 86-1804 Conversational artificial intelligence service; disclosure required, when.
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If a reasonable person interacting with a conversational artificial intelligence service would be misled to believe that the person is interacting with a human, an operator shall clearly and conspicuously disclose that the conversational artificial intelligence service is artific…
Neb. Rev. Stat. § 86-1805 Conversational artificial intelligence service; suicidal ideation or self-harm; protocol.
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An operator shall adopt a protocol for the conversational artificial intelligence service to respond to user prompts regarding suicidal ideation or self-harm that includes, but is not limited to, making reasonable efforts to provide a response to the user that refers them to cris…
Neb. Rev. Stat. § 86-1806 Conversational artificial intelligence service; representation or statement regarding mental or behavioral health care; prohibited.
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An operator shall not knowingly and intentionally cause or program a conversational artificial intelligence service to make any representation or statement that explicitly indicates that the conversational artificial intelligence service is designed to provide professional mental…
Neb. Rev. Stat. § 86-1807 Attorney General; enforcement authority; liability limitation.
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(1) The Attorney General may enforce the Conversational Artificial Intelligence Safety Act. (2)(a) The Attorney General may bring a civil action for appropriate relief against an operator for a violation of the Conversational Artificial Intelligence Safety Act, on behalf of the S…
Neb. Rev. Stat. § 86-2 Pen register; trap-and-trace device; court order.
Neb. Rev. Stat. § 86-201 Act, how cited.
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Sections 86-201 to 86-211 shall be known and may be cited as the Telephone Consumer Slamming Prevention Act.
Neb. Rev. Stat. § 86-202 Statement of policy.
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It is the policy of this state to ensure that all subscribers are protected from the unauthorized switching of a telecommunications company selected by the subscriber to provide telecommunications service.
Neb. Rev. Stat. § 86-203 Definitions, where found.
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For purposes of the Telephone Consumer Slamming Prevention Act, the definitions found in the Nebraska Telecommunications Regulation Act apply.
Neb. Rev. Stat. § 86-204 Act; applicability.
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Except as provided in section 86-124, the Telephone Consumer Slamming Prevention Act shall apply to all telecommunications companies providing basic local exchange service, intra-LATA interexchange service, inter-LATA interexchange service, and any other telecommunications servic…
Neb. Rev. Stat. § 86-205 Change in service; requirements.
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(1)(a) Except as provided in subsection (2) of this section, no telecommunications company shall submit on behalf of a subscriber a change of the subscriber's provider of basic local exchange service, intra-LATA interexchange service, or inter-LATA interexchange service without: …
Neb. Rev. Stat. § 86-206 Change in service; confirmation.
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Within thirty days after a subscriber changes his or her authorized provider of basic local exchange service, intra-LATA interexchange service, or inter-LATA interexchange service, the new authorized service provider shall provide to such subscriber written confirmation of such c…
Neb. Rev. Stat. § 86-207 Unauthorized change in service; claim procedures.
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(1) Nothing in the Telephone Consumer Slamming Prevention Act shall preclude a subscriber from electing to resolve an unauthorized change of service directly with the unauthorized telecommunications company. If the subscriber is unsatisfied with the resolution from the unauthoriz…
Neb. Rev. Stat. § 86-208 Unauthorized change; corrective action authorized.
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If the commission finds that a telecommunications company has violated section 86-205, the commission shall order the telecommunications company to take corrective action as necessary and consistent with 47 C.F.R. 64.1150, as such regulation existed on January 1, 2002, and rules …
Neb. Rev. Stat. § 86-209 Violations; penalties; appeal.
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(1) Notwithstanding section 75-156, the commission may, after hearing, impose an administrative penalty for a violation of the Telephone Consumer Slamming Prevention Act. The penalty for a violation shall not exceed two thousand dollars. Every violation associated with a specific…
Neb. Rev. Stat. § 86-210 Rules and regulations.
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The commission shall adopt and promulgate competitively neutral rules and regulations necessary to implement the Telephone Consumer Slamming Prevention Act, including rules and regulations that: (1) Ensure that subscribers are protected from deceptive practices in the obtaining o…
Neb. Rev. Stat. § 86-211 Unauthorized additional services; provider; duties.
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(1) No telecommunications company shall initiate or bill additional telecommunications services not required by the commission to be offered and for which the subscriber did not explicitly request or subscribe. The providing telecommunications company shall initiate a refund of a…
Neb. Rev. Stat. § 86-212 Act, how cited.
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Sections 86-212 to 86-235 shall be known and may be cited as the Telemarketing and Prize Promotions Act.
Neb. Rev. Stat. § 86-213 Definitions, where found.
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For purposes of the Telemarketing and Prize Promotions Act, the definitions found in sections 86-214 to 86-223 apply.
Neb. Rev. Stat. § 86-214 Consumer, defined.
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Consumer means an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes.
Neb. Rev. Stat. § 86-215 Consumer goods or services, defined.
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Consumer goods or services means any tangible personal property, merchandise, or services normally used for personal, family, or household purposes and not for resale or for use or consumption in trade or business.
Neb. Rev. Stat. § 86-216 Consumer telephone call, defined.
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Consumer telephone call means a telephone call made by a seller for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpos…
Neb. Rev. Stat. § 86-217 Prize, defined.
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Prize means anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. Prize does not include an item offered in a promotion for a book, recording, video, multimedia, or similar club in compliance with 16 C.F.R. part 425, as such regulations…
Neb. Rev. Stat. § 86-218 Prize promotion, defined.
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Prize promotion means (1) a sweepstakes or other game of chance or (2) an oral or written express or implied representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize.
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…