Nebraska Telemarketing Fraud Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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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.
Every state criminalizes telemarketing fraud 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.
Code Section |
Nebraska Revised Statute sections 86-236 to 86-257: Automatic Dialing-Announcing Devices Act |
What's Prohibited?
|
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. |
What's Required?
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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:
Solicitors must provide the person called with their identity, phone number, and address. |
Definition of "Telephone Solicitation" |
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. The following calls or messages don't qualify as telephone solicitations:
|
Penalties |
Violators can be fined based on section 75-156. |
Code Section |
Nebraska Revised Statutes section 86-212 to 235: The Telemarketing and Prize Promotions Act |
What's Prohibited?
|
A solicitor, sponsor, or seller shall not:
|
Penalties |
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. |
Which Federal Laws Govern Telemarketing?
There are several federal laws that also govern telemarketing and criminalize telemarketing fraud. These laws include:
- The FTC's Telephone Sales Rule
- The FCC's Telephone Consumer Protection Act
- The Federal Trade Commission Act
Additional Resources
State laws change frequently. For case specific information about Nebraska's telemarketing fraud laws contact a local consumer protection lawyer.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.