Privacy Law Library

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

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.