reglab/housing_qa huggingface dataset:
NE Code § 59-1609.01 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1609.01 - Illegal overcharge or undercharge; damages; proof; court; powers.

59-1609.01.  Illegal overcharge or undercharge; damages; proof; court; powers.In an illegal overcharge or undercharge case in which claims are asserted by both parties who dealt directly with the defendant and parties who dealt indirectly with the defendant or any combination thereof:(1) A defendant may prove, as a partial or complete defense to a claim for damages under sections 59-1602 to 59-1606, that the illegal overcharge or undercharge has been passed on to others who are themselves entitled to recover so as to avoid duplication of recovery of such damages; and(2) The court may transfer and consolidate such claims, apportion damages, and delay disbursement of damages to avoid multiplicity of suits and duplication of recovery of damages and to obtain substantial fairness.Source Laws 2002, LB 1278, § 27.
NE Code § 59-1610 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1610 - Assurance of discontinuance of prohibited act; approval of court; not considered admission.

59-1610.  Assurance of discontinuance of prohibited act; approval of court; not considered admission.In the enforcement of the Consumer Protection Act, the Attorney General may accept an assurance of discontinuance of any act or practice deemed in violation of the Consumer Protection Act, from any person who engages in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has his or her principal place of business, or in Lancaster County.Such assurance of discontinuance shall not be considered an admission of a violation for any purpose, but proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of the Consumer Protection Act.Source   Laws 1974, LB 1028, § 17;  Laws 2002, LB 1278, § 28.
NE Code § 59-1612 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1612 - Limitation of action.

59-1612.  Limitation of action.Any action to enforce a claim for damages under section 59-1609 shall be forever barred unless commenced within four years after the cause of action accrues; Provided, that whenever any action is brought by the Attorney General for a violation of sections 59-1602 to 59-1606, except actions for the recovery of a civil penalty for violation of an injunction or actions under section 59-1609, the running of such statute of limitations, with respect to every private right of action for damages under section 59-1609 which is based in whole or part on any matter complained of in the action by the Attorney General, shall be suspended during the pendency thereof.Source  Laws 1974, LB 1028, § 19.
NE Code § 59-1613 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1613 - Final judgment or decree; prima facie evidence in civil action; exception.

59-1613.  Final judgment or decree; prima facie evidence in civil action; exception.A final judgment or decree rendered in any action brought under section 59-1608 by the state to the effect that a defendant has violated sections 59-1602 to 59-1606 shall be prima facie evidence against such defendant in any action brought by any party against such defendant under section 59-1609 as to all matters as to which such judgment or decree would be an estoppel as between the parties thereto; Provided, that this section shall not apply to consent judgments or decrees when the court makes no finding of illegality.Source  Laws 1974, LB 1028, § 20.
NE Code § 59-1614 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1614 - Civil penalties; Attorney General; duties.

59-1614.  Civil penalties; Attorney General; duties.Any person who violates section 59-1603 or 59-1604 or the terms of any injunction issued as provided in the Consumer Protection Act shall forfeit and pay a civil penalty of not more than five hundred thousand dollars.Any person who violates section 59-1602 shall pay a civil penalty of not more than two thousand dollars for each violation, except that such penalty shall not apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer, or distributor of any newspaper, magazine, billboard, or other advertising medium who publishes, prints, or distributes advertising in good faith without knowledge of its false, deceptive, or misleading character and no such good faith publication, printing, or distribution shall be considered a violation of section 59-1602.For the purpose of this section, the district court which issues any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the state may petition for the recovery of civil penalties.With respect to violations of sections 59-1603 and 59-1604, the Attorney General, acting in the name of the state, may seek recovery of such penalties in a civil action.Source   Laws 1974, LB 1028, § 21;   Laws 1980, LB 186, § 1;  Laws 2002, LB 1278, § 30;  Laws 2016, LB835, § 23.
NE Code § 59-1615 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1615 - Dissolution, suspension, or forfeiture of corporate franchise.

59-1615.  Dissolution, suspension, or forfeiture of corporate franchise.Upon petition by the Attorney General, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation which violates section 59-1603 or 59-1604 or the terms of any injunction issued as provided in the Consumer Protection Act.Source   Laws 1974, LB 1028, § 22;  Laws 2002, LB 1278, § 31.
NE Code § 59-1616 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1616 - Personal service of process outside state.

59-1616.  Personal service of process outside state.Personal service of any process in an action under the Consumer Protection Act may be made upon any person outside the state if such person has engaged in conduct in violation of the act which has had impact in this state which the act prohibits.Source   Laws 1974, LB 1028, § 23;  Laws 2002, LB 1278, § 32.
NE Code § 59-1618 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1618 - Agricultural products; producers; associations; form; requirements.

59-1618.  Agricultural products; producers; associations; form; requirements.Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut growers, or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing such products in intrastate commerce. Such associations may have marketing agencies in common, and the associations and their members may make the necessary contracts and agreements to effect such purposes. The associations shall be operated for the mutual benefit of the members thereof, as such producers, and conform to one or both of the following requirements:(1) That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; or(2) That the association does not pay dividends on stock or membership capital in excess of eight percent per annum.Such association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members.Source  Laws 1974, LB 1028, § 25.
NE Code § 59-1619 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1619 - Agricultural associations; monopolies; restraint of trade; Attorney General; complaint; notice of hearing.

59-1619.  Agricultural associations; monopolies; restraint of trade; Attorney General; complaint; notice of hearing.If the Attorney General shall have reason to believe that any association described in section 59-1618 monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached or in which shall be contained a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade.Source  Laws 1974, LB 1028, § 26.
NE Code § 59-1620 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1620 - Contracts and agreements in restraint of trade; void; voidable.

59-1620.  Contracts and agreements in restraint of trade; void; voidable.All contracts and agreements made in restraint of trade by coconspirators in violation of the provisions of section 59-1603, 59-1604, or 59-1605 shall be void. All contracts and agreements made between a conspirator and an innocent party in violation of the provisions of section 59-1603, 59-1604, or 59-1605 shall be voidable by the innocent party.Source  Laws 1974, LB 1028, § 27.
NE Code § 59-1621 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1621 - Conspiracy in restraint of trade; findings; prima facie evidence.

59-1621.  Conspiracy in restraint of trade; findings; prima facie evidence.Upon a finding in district court that a conspiracy in restraint of trade existed in an action brought pursuant to section 59-1603 or 59-1604, that finding shall constitute prima facie evidence of the existence of the conspiracy in subsequent civil actions involving the conspiracy.Source  Laws 1974, LB 1028, § 28.
NE Code § 59-1622 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1622 - Officers; liable for debts and obligations; when.

59-1622.  Officers; liable for debts and obligations; when.Every president, treasurer, general manager, agent, or other person exercising the powers of such office of any corporation, joint-stock company, or other association, who has himself, in its behalf, knowingly violated, united to violate, or consented to the violation of the provisions of section 59-1603, 59-1604, or 59-1605, shall thereafter be personally liable for all debts and obligations of any such corporation, joint-stock company, or other association created while such person holds such office or agency and which were incurred in the furtherance of that violation.Source  Laws 1974, LB 1028, § 29.
NE Code § 59-1623 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1623 - Act, how cited.

59-1623.  Act, how cited.Sections 59-1601 to 59-1622 shall be known and may be cited as the Consumer Protection Act.Source   Laws 1974, LB 1028, § 30;  Laws 2002, LB 1278, § 33;  Laws 2006, LB 1061, § 2.
NE Code § 59-1701 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1701 - Legislative intent and findings; seller-assisted marketing plans.

59-1701.  Legislative intent and findings; seller-assisted marketing plans.(1) The Legislature finds and declares that the widespread sale of seller-assisted marketing plans, often connected with the sale of vending machines, vending racks, or work-at-home paraphernalia, has created numerous problems in Nebraska for purchasers which are inimical to good business practice. Often purchasers of seller-assisted marketing plans are individuals inexperienced in business matters who use their life savings to purchase the seller-assisted marketing plan in the hope that they will earn enough money in addition to retirement income or salary to become or remain self-sufficient. Many purchasers are the elderly who are seeking a way to supplement their fixed incomes. The initial payment is usually in the form of a purchase of overpriced equipment or products. Nebraska purchasers have suffered substantial losses when they have failed to receive full and complete information regarding the seller-assisted marketing plan, the amount of money they can reasonably expect to earn, and the previous experience of the seller-assisted marketing plan seller. Seller-assisted marketing plan sellers have a significant impact upon the economy and well-being of this state and its local communities. The provisions of the Seller-Assisted Marketing Plan Act relating to seller-assisted marketing plans are necessary for the public welfare.(2) It is the intent of the act to provide each prospective seller-assisted marketing plan purchaser with the information necessary to make an intelligent decision regarding seller-assisted marketing plans being offered, to safeguard the public against deceit and financial hardship, to insure, foster, and encourage competition and fair dealing in the sale of seller-assisted marketing plans by requiring adequate disclosure, to prohibit representations that tend to mislead, and to prohibit or restrict unfair contract terms. The act shall be construed liberally in order to achieve such purposes.Source   Laws 1979, LB 180, § 1;   Laws 1993, LB 218, § 2.
NE Code § 59-1701.01 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1701.01 - Act, how cited.

59-1701.01.  Act, how cited.Sections 59-1701 to 59-1762 shall be known and may be cited as the Seller-Assisted Marketing Plan Act.Source   Laws 1993, LB 218, § 1;  Laws 2003, LB 217, § 41.
NE Code § 59-1702 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1702 - Definitions; where found.

59-1702.  Definitions; where found.For purposes of the Seller-Assisted Marketing Plan Act, unless the context otherwise requires, the definitions found in sections 59-1703 to 59-1714.01 shall be used.Source   Laws 1979, LB 180, § 2;   Laws 1993, LB 218, § 3.
NE Code § 59-1703 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1703 - Seller-assisted marketing plan, defined.

59-1703.  Seller-assisted marketing plan, defined.Seller-assisted marketing plan shall mean the sale or lease or offer for sale or lease of any product, equipment, supplies, services, license, or any combination thereof which will be used by or on behalf of the purchaser to begin or maintain a business when:(1) The seller of the plan has advertised or in other manner solicited the purchase or lease of the plan; and(2) The seller has represented directly or indirectly or orally or in writing that:(a) The seller or a person recommended or specified by the seller will provide the purchaser with or assist the purchaser in finding locations for the use or operation of vending machines, vending routes, display racks, display cases, or other similar devices on premises neither owned nor leased by the seller or the purchaser;(b) The seller or a person recommended or specified by the seller will provide the purchaser with or will assist the purchaser in finding outlets or accounts for the purchaser's products or services;(c) The seller or a person specified by the seller will or is likely to purchase any or all of the products made, produced, fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the product, supplies, equipment, or services which were initially sold or leased or offered for sale or lease to the purchaser by the seller;(d) The purchaser will, is likely to, or can derive income from the business which exceeds the initial payment paid by the purchaser for participation in the plan;(e) There is a market for the product, equipment, supplies, or services which were initially sold or leased or offered for sale or lease to the purchaser by the seller;(f) The seller will refund all or part of the initial payment paid to the seller or will repurchase any of the products, equipment, or supplies provided by the seller or a person recommended or specified by the seller, if the purchaser is dissatisfied with the business; or(g) The seller or a person recommended or specified by the seller will provide advice or training pertaining to the sale of any products, equipment, supplies, or services or use of any licensed material and the advice or training includes, but is not limited to, preparing or providing (i) promotional literature, brochures, pamphlets, or advertising materials, (ii) training regarding the promotion, operation, or management of the seller-assisted marketing plan, or (iii) operational, managerial, technical, or financial guidelines or assistance.Source   Laws 1979, LB 180, § 3;   Laws 1993, LB 218, § 4;   Laws 1995, LB 599, § 16;  Laws 2003, LB 217, § 42.
NE Code § 59-1704 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1704 - Person, defined.

59-1704.  Person, defined.Person shall mean any individual, corporation, partnership, limited liability company, joint venture, or business entity.Source   Laws 1979, LB 180, § 4;   Laws 1993, LB 121, § 379.
NE Code § 59-1705 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1705 - Seller, defined.

59-1705.  Seller, defined.Seller shall mean a person who sells or leases or offers to sell or lease a seller-assisted marketing plan and:(1) Has sold, leased, represents, or implies that the seller has sold or leased, whether in Nebraska or elsewhere, at least five seller-assisted marketing plans within twenty-four months prior to a solicitation; or(2) Intends, represents, or implies that the seller intends to sell or lease, whether in Nebraska or elsewhere, at least five seller-assisted marketing plans within twelve months following a solicitation. If the seller intends to sell four or less seller-assisted marketing plans within the time period stated in this subdivision, the seller, in order to be excluded from the provisions of the Seller-Assisted Marketing Plan Act, shall notify each purchaser in writing at the time of sale of its intention to sell only four or less seller-assisted marketing plans.Source   Laws 1979, LB 180, § 5;   Laws 1983, LB 461, § 1;   Laws 1993, LB 218, § 5.
NE Code § 59-1706 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1706 - Purchaser, defined.

59-1706.  Purchaser, defined.Purchaser shall mean a person who is solicited to become obligated or does become obligated on a seller-assisted marketing plan contract.Source  Laws 1979, LB 180, § 6.
NE Code § 59-1707 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1707 - Equipment, defined.

59-1707.  Equipment, defined.Equipment shall mean machines, all electrical devices, video or audio devices, molds, display racks, vending machines, coin-operated game machines, machines which dispense products, and display units of all kinds.Source  Laws 1979, LB 180, § 7.
NE Code § 59-1708 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1708 - Supplies, defined.

59-1708.  Supplies, defined.Supplies shall mean any and all materials used to produce, grow, breed, or make any product or item.Source  Laws 1979, LB 180, § 8.
NE Code § 59-1709 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1709 - Product, defined.

59-1709.  Product, defined.Product shall mean any tangible chattel, including food or living animals, which the purchaser intends to:(1) Sell or lease to the general public;(2) Use to perform a service for the general public;(3) Resell or attempt to resell to the seller of the seller-assisted marketing plan; or(4) Provide or attempt to provide to the seller of the seller-assisted marketing plan so that such seller might resell the product to the general public.Source  Laws 1979, LB 180, § 9.
NE Code § 59-1710 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1710 - Services, defined.

59-1710.  Services, defined.Services shall mean any assistance, guidance, direction, work, labor, or services provided by the seller to initiate or maintain the seller-assisted marketing plan.Source  Laws 1979, LB 180, § 10.
NE Code § 59-1711 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1711 - Seller-assisted marketing plan contract or contract, defined.

59-1711.  Seller-assisted marketing plan contract or contract, defined.Seller-assisted marketing plan contract or contract shall mean any contract or agreement which obligates a purchaser to a seller.Source  Laws 1979, LB 180, § 11.
NE Code § 59-1712 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1712 - Initial payment, defined.

59-1712.  Initial payment, defined.Initial payment shall mean the total amount a purchaser is obligated to pay under the terms of the seller-assisted marketing plan contract prior to or at the time of delivery of the equipment, supplies, products, or services or within six months of the purchaser commencing operation of the seller-assisted marketing plan. If the contract sets forth a specific total sale price for purchase of the seller-assisted marketing plan which total price is to be paid partially as a downpayment and then in specific monthly payments, the initial payment shall mean the entire total sale price.Source  Laws 1979, LB 180, § 12.
NE Code § 59-1713 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1713 - Buy-back or secured investment, defined.

59-1713.  Buy-back or secured investment, defined.Buy-back or secured investment shall mean any representation which implies in any manner that the purchaser's initial payment is protected from loss.Source  Laws 1979, LB 180, § 13.
NE Code § 59-1714 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1714 - Ongoing business, defined.

59-1714.  Ongoing business, defined.Ongoing business shall mean one which for at least six months previous to the sale:(1) Has been operated from a specific given location;(2) Has been open for business to the general public; and(3) Has had all equipment and supplies necessary for operating the business located at the specific given location.Source  Laws 1979, LB 180, § 14.
NE Code § 59-1714.01 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1714.01 - License, defined.

59-1714.01.  License, defined.License shall mean the right or permission to use (1) material or personal property, including computer programs, protected under the copyright or patent laws of the United States or any foreign government and (2) a trademark, service mark, or trade name registered under Nebraska law or the law of any other state, of the United States, or of any foreign government.Source  Laws 1993, LB 218, § 7.
NE Code § 59-1715 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1715 - Seller-assisted marketing plan; securities excluded.

59-1715.  Seller-assisted marketing plan; securities excluded.A seller-assisted marketing plan shall not include a security as defined by subdivision (15) of section 8-1101.Source   Laws 1979, LB 180, § 15;   Laws 1993, LB 216, § 12;   Laws 1997, LB 335, § 13.
NE Code § 59-1716 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1716 - Seller-assisted marketing plan; real estate or insurance transactions; excluded.

59-1716.  Seller-assisted marketing plan; real estate or insurance transactions; excluded.A seller-assisted marketing plan shall not include any transaction for which either the seller, purchaser, lessor, or lessee is licensed pursuant to and the transaction is governed by the State Real Estate Commission or the Department of Insurance.Source  Laws 1979, LB 180, § 16.