Legal Definitions - Nebraska

In Nebraska, specific state laws are in place to protect residents from unwanted telemarketing calls and unsolicited faxes. These regulations, primarily found within the Nebraska Revised Statutes, aim to curb intrusive sales tactics and ensure fair practices in telemarketing and prize promotions.

Specifically, the Telemarketing and Prize Promotions Act (Neb. Rev. Stat. §§ 86-219 et seq. and §§ 86-242 et seq.) governs how companies can engage in telemarketing within the state, including restrictions on unsolicited calls and requirements for how prize promotions are conducted over the phone. Additionally, Neb. Rev. Stat. § 86-245 addresses fax anti-solicitation, prohibiting the sending of unwanted advertisements via fax machine.

Here are some examples of how these laws apply:

• Unwanted Telemarketing Calls:

  Example: A Nebraska resident, Mr. Henderson, has registered his home phone number on the national "Do Not Call" registry. Despite this, he repeatedly receives automated calls from a company promoting extended car warranties, even though he has never done business with them and has asked them to stop calling.

  Explanation: Mr. Henderson can report this company because Nebraska's Telemarketing and Prize Promotions Act (Neb. Rev. Stat. §§ 86-219 et seq.) prohibits telemarketers from calling numbers on the "Do Not Call" registry and sets rules for how telemarketing calls must be conducted, including restrictions on automated calls and requiring businesses to honor requests to stop calling.

• Unsolicited Promotional Faxes:

  Example: Dr. Chen's veterinary clinic in Lincoln frequently receives unsolicited faxes advertising discounted office supplies from a company located out of state. These faxes consume the clinic's paper and toner, and tie up their fax line, preventing important patient information from coming through.

  Explanation: This situation falls under Nebraska's fax anti-solicitation law (Neb. Rev. Stat. § 86-245), which makes it illegal to send unsolicited advertisements to fax machines without prior permission, thereby protecting businesses from unwanted promotional faxes and the associated costs.

• Compliance with Prize Promotion Rules:

  Example: A new marketing agency based in Omaha plans to launch a telemarketing campaign offering Nebraska residents a chance to win a luxury cruise. To participate, recipients must listen to a sales pitch for a vacation club membership.

  Explanation: Before launching, the agency must ensure its campaign complies with Nebraska's Telemarketing and Prize Promotions Act (Neb. Rev. Stat. §§ 86-219 et seq.). This law dictates specific requirements for how prize promotions are advertised and conducted via telephone, including clear disclosures about the odds of winning, any purchase requirements, and the actual value of the prize, to prevent deceptive practices and protect consumers.