Nebraska Deceptive Trade Practices Laws
While the vague promises of how a given product can change your life are trumpeted daily in advertisements may seem deceptive, trade practices considered deceptive under the law go well beyond mere suggestions. Both federal and state laws prohibit a wide variety of trade practices that actively deceive consumers, including odometer tampering and false advertising. These laws not only protect consumers from fraud but also ensure greater consumer confidence, which is beneficial to the state. State attorneys typically bring claims against businesses on behalf of aggrieved consumers, but sometimes deceptive trade practices are punishable in criminal courts.
Nebraska Deceptive Trade Practice Laws at a Glance
Nebraska law conforms to the Uniform Deceptive Trade Practices Act, model legislation that has been adopted by a number of states. Nebraska law recognizes 18 different deceptive trade practices, which are punishable by both criminal sanctions and civil liability. These include:
- Passing off goods or services as those of another
- Intentionally causing the likelihood of confusion about the source or certification of goods or services
- Selling used or blemished goods as new or unblemished
- Disparaging another company's goods or services by false or misleading representation of fact
- Bait and switch tactics (advertising goods or services with the intention of not having enough stock on hand)
- Promoting or participating in pyramid schemes
The person likely to be "damaged" by a deceptive trade practice may bring a private lawsuit against the alleged offender. The state Attorney General may issue a cease and desist order or take further actions against violators.
More details of Nebraska's deceptive trade practices statute can be found in the following chart. See FindLaw's Consumer Transactions section for related articles.
|Uniform Deceptive Trade Practices Act Adopted||Yes with modifications (§§87-301 to 306)|
|False Advertising Forbidden||Yes (§87-302)|
|Who May Bring Suit||Person likely to be damaged (§87-303); attorney general (§87-303.02)|
|Remedies Available||Criminal penalties for violating Act; costs, perhaps attorney's fees, plus other common law and statutory remedies (§87-303); injunction; civil penalty up to $2,000 for each violation (§87-303.11)|
|Auto Odometer Tampering Forbidden||Yes (§60-132)|
Note: State laws may change at any time through the enactment of newly signed statutes, appellate court decisions, and other means. You may want to contact a Nebraska consumer protection law attorney or conduct your own legal research to verify the state law(s) you are researching.
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Nebraska Deceptive Trade Practice Laws: Related Resources