{"id":374741,"date":"2016-04-11T01:23:23","date_gmt":"2016-04-11T06:23:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nebraska-law\/nebraska-telemarketing-fraud-laws.html"},"modified":"2016-06-20T19:51:19","modified_gmt":"2016-06-21T00:51:19","slug":"nebraska-telemarketing-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nebraska-law\/nebraska-telemarketing-fraud-laws.html","title":{"rendered":"Nebraska Telemarketing Fraud Laws"},"content":{"rendered":"\n
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Nebraska Telemarketing Fraud Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Telemarketing fraud refers to any scheme where a con artist contacts potential victims on the telephone and makes misrepresentations in order to defraud the victim in some way. Generally, the perpetrator is trying to obtain access to the victim’s credit card information, identity, or bank account. <\/p>\n

Every state criminalizes telemarketing fraud<\/a> and regulates unsolicited telephone sales calls in order to deter telemarketing fraud. The tables below outline the main laws in Nebraska that criminalize and punish telemarketing fraud.<\/p>\n\n

Code Section<\/b><\/p>\n<\/td>\n

Nebraska Revised Statute sections 86-236 to 86-257<\/a>: Automatic Dialing-Announcing Devices Act<\/b><\/td>\n<\/tr>

What’s Prohibited?<\/b><\/p>\n

 <\/p>\n<\/td>\n

Making a telephone solicitation call (using an automatic dialing-announcing device) to a residential telephone line before 8 a.m. or after 9 p.m.<\/td>\n<\/tr>

What’s Required?<\/b><\/p>\n

 <\/p>\n

 <\/p>\n<\/td>\n

Solicitors must have procedures in place for maintaining a list of telephone subscribers who don’t want to receive calls from the solicitor. This procedure must:<\/p>\n

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  • Have a written policy for maintaining a do-not-call list<\/li>\n
  • Solicitors must be informed of and trained in the use of the do-not-call list, and<\/li>\n
  • If a solicitor receives a request from a residential or business telephone subscriber not to receive calls, the solicitor shall place that person’s number on the do-not-call list<\/li>\n<\/ul>\n

    Solicitors must provide the person called with their identity, phone number, and address.<\/p>\n<\/td>\n<\/tr>

Definition of "Telephone Solicitation" <\/b><\/p>\n<\/td>\n

A phone call or message using an automatic dialing-announcing device for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.<\/p>\n

The following calls or messages don’t qualify as telephone solicitations:<\/p>\n

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  • Made to any person with the person’s prior express permission<\/li>\n
  • Made to any person who the caller has an established business relationship with<\/li>\n
  • Made by a tax-exempt nonprofit organization<\/li>\n
  • Not made for commercial purposes<\/li>\n
  • Made for a commercial purpose but which doesn’t include the transmission of an unsolicited advertisement, or<\/li>\n
  • Placed by a live operator and a prerecorded message isn’t utilized<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties <\/b><\/p>\n<\/td>\n

Violators can be fined based on section 75-156<\/a>.<\/td>\n<\/tr><\/tbody><\/table>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Nebraska Revised Statutes section 86-212 to 235<\/a>: The Telemarketing and Prize Promotions Act<\/b><\/td>\n<\/tr>

What’s Prohibited?<\/b><\/p>\n

 <\/p>\n<\/td>\n

A solicitor, sponsor, or seller shall not:
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  • Misrepresent the source of a written prize notice<\/li>\n
  • Represent, or imply, that the number of individuals eligible for a prize is limited or that an individual has won a particular prize unless that representation is true<\/li>\n
  • Misrepresent the value of a prize, or<\/li>\n
  • Request or accept payment from an individual before receiving a written prize notice by the individual<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

A violation of the Telemarketing and Prize Promotions Act is a Class I misdemeanor that is punishable by imprisonment for up to one year, and\/or fine of up to $2,000.<\/td>\n<\/tr><\/tbody><\/table>\n

Which Federal Laws Govern Telemarketing?<\/h2>\n

There are several federal laws that also govern telemarketing and criminalize telemarketing fraud. These laws include:<\/p>\n