Telemarketing and Prize Promotions Act
Nebraska Telemarketing and Prize Promotions Act
Marketing
This consumer protection law governs telephone sales and prize promotions. It requires verifiable consumer authorization before a seller draws on a bank account, gives a five-business-day cancellation right unless a qualifying refund policy exists, bans prize misrepresentations, and requires sellers to keep telemarketing records.
- Where
- Nebraska
- Citation
- Neb. Rev. Stat. 86-212 to 86-235
- Status
- In force
- Enforced by
- Nebraska Attorney General
- People can sue
- Yes
- Penalties
- Class I misdemeanor (86-234); civil penalty of up to $2,000 per violation recoverable by the Attorney General (86-235); consumers may recover actual damages, attorney's fees, and costs (86-233).
- Applies to
- Sellers, solicitors, and sponsors making consumer telephone sales calls or prize promotions to Nebraska consumers (86-219 to 86-222)
Rights it gives people
- Consumers may cancel a telephone sale until midnight of the fifth business day after receiving written notice of the right to cancel; sellers must disclose refund policies and refund within 30 days.Neb. Rev. Stat. 86-225 · Only if: Cancellation right does not apply if the seller offers at least a 7-day review and refund policy
Practices it requires
- Obtain the consumer's express verifiable authorization (written, recorded oral, or prior written confirmation) before submitting a check or draft on the consumer's account.Neb. Rev. Stat. 86-224
- Do not misrepresent the source or value of prizes or require payment before a written prize notice.Neb. Rev. Stat. 86-229
Other duties
- Keep telemarketing records for 24 months consistent with the FTC Telemarketing Sales Rule recordkeeping requirement (16 C.F.R. 310.5).Neb. Rev. Stat. 86-230
Sources
- Official text
- Neb. Rev. Stat. 86-212 (Nebraska Legislature)
- Neb. Rev. Stat. 86-224 (Nebraska Legislature)
- Neb. Rev. Stat. 86-235 (Nebraska Legislature)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: effective_date null: enacted by Laws 1999, LB 469, amended 2001 (LB 165) and recodified 2002 (LB1105); dates not confirmed. Included for marketing completeness; its provisions are mainly anti-fraud rather than privacy.
Research reference, not legal advice.