reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-203 - Definitions, where found.

86-203.
Definitions, where found.
For purposes of the Telephone Consumer Slamming Prevention Act, the definitions found in the Nebraska Telecommunications Regulation Act apply.
Source
Laws 1999, LB 150, § 3;
R.S.1943, (1999), § 86-1903;
Laws 2002, LB 1105, § 65.
Cross References
Nebraska Telecommunications Regulation Act, see section 86-101.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-204 - Act; applicability.

86-204.
Act; applicability.
Except as provided in section 86-124, the Telephone Consumer Slamming Prevention Act shall apply to all telecommunications companies providing basic local exchange service, intra-LATA interexchange service, inter-LATA interexchange service, and any other telecommunications service to subscribers in this state.
Source
Laws 1999, LB 150, § 4;
R.S.1943, (1999), § 86-1904;
Laws 2002, LB 1105, § 66.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-205 - Change in service; requirements.

86-205.
Change in service; requirements.
(1)(a) Except as provided in subsection (2) of this section, no telecommunications company shall submit on behalf of a subscriber a change of the subscriber's provider of basic local exchange service, intra-LATA interexchange service, or inter-LATA interexchange service without:
(i) Written change authorization from the subscriber;
(ii) Toll-free electronic authorization placed from the telephone number which is the subject of the change of service order; or
(iii) Oral authorization obtained by an independent third party.
(b) A separate and distinct authorization shall be required to submit a change of service order for any or all of the following telecommunications services provided to subscribers in this state: Basic local exchange service, intra-LATA interexchange service, inter-LATA interexchange service, or any other telecommunications service.
(2) The requirements of this section shall not apply to a change of a subscriber's provider of basic local exchange service, intra-LATA interexchange service, or inter-LATA interexchange service that results from any merger or sale of exchanges or transfer of authority approved by the commission.
Source
Laws 1999, LB 150, § 5;
Laws 2001, LB 389, § 5;
R.S.Supp.,2001, § 86-1905;
Laws 2002, LB 1105, § 67.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-206 - Change in service; confirmation.

86-206.
Change in service; confirmation.
Within thirty days after a subscriber changes his or her authorized provider of basic local exchange service, intra-LATA interexchange service, or inter-LATA interexchange service, the new authorized service provider shall provide to such subscriber written confirmation of such change of service. The written confirmation shall (1) describe clearly and simply the nature of the change of service, (2) not be a part of, or attached to, any other document, (3) not contain any promotion, offer, or inducement, and (4) be mailed to the subscriber's billing address.
Source
Laws 1999, LB 150, § 6;
R.S.1943, (1999), § 86-1906;
Laws 2002, LB 1105, § 68.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-207 - Unauthorized change in service; claim procedures.

86-207.
Unauthorized change in service; claim procedures.
(1) Nothing in the Telephone Consumer Slamming Prevention Act shall preclude a subscriber from electing to resolve an unauthorized change of service directly with the unauthorized telecommunications company. If the subscriber is unsatisfied with the resolution from the unauthorized telecommunications company, the subscriber may file a complaint with the commission. The complaint may be made by letter, fax, online notification, or telephone call to the commission. The subscriber may be required to provide a copy of the subscriber's telephone bill that contains the alleged unauthorized telecommunications company's charges.
(2) The commission, consistent with federal regulations for changing long distance service under subpart K of 47 C.F.R. part 64, as such regulations existed on January 1, 2002, shall adopt and promulgate rules and regulations necessary for resolution of subscriber complaints of an unauthorized change of service.
Source
Laws 1999, LB 150, § 7;
Laws 2001, LB 389, § 6;
R.S.Supp.,2001, § 86-1907;
Laws 2002, LB 1105, § 69.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-208 - Unauthorized change; corrective action authorized.

86-208.
Unauthorized change; corrective action authorized.
If the commission finds that a telecommunications company has violated section 86-205, the commission shall order the telecommunications company to take corrective action as necessary and consistent with 47 C.F.R. 64.1150, as such regulation existed on January 1, 2002, and rules and regulations adopted and promulgated by the commission.
Source
Laws 1999, LB 150, § 8;
Laws 2001, LB 389, § 7;
R.S.Supp.,2001, § 86-1908;
Laws 2002, LB 1105, § 70.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-209 - Violations; penalties; appeal.

86-209.
Violations; penalties; appeal.
(1) Notwithstanding section 75-156, the commission may, after hearing, impose an administrative penalty for a violation of the Telephone Consumer Slamming Prevention Act. The penalty for a violation shall not exceed two thousand dollars. Every violation associated with a specific access line within the state shall be considered a separate and distinct violation.
(2) The amount of an administrative penalty shall be based on:
(a) The nature, circumstances, extent, and gravity of a prohibited act;
(b) The history of previous violations;
(c) The amount necessary to deter future violations; and
(d) Any efforts to correct the violation.
(3) The commission shall remit any administrative penalty collected under this section to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
(4) Any administrative penalty may be appealed. The appeal shall be in accordance with section 75-136.
Source
Laws 1999, LB 150, § 9;
Laws 2000, LB 1285, § 24;
Laws 2001, LB 389, § 8;
R.S.Supp.,2001, § 86-1909;
Laws 2002, LB 1105, § 71;
Laws 2008, LB755, § 7;
Laws 2013, LB545, § 12.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-210 - Rules and regulations.

86-210.
Rules and regulations.
The commission shall adopt and promulgate competitively neutral rules and regulations necessary to implement the Telephone Consumer Slamming Prevention Act, including rules and regulations that:
(1) Ensure that subscribers are protected from deceptive practices in the obtaining of authorizations and verifications required by section 86-205;
(2) Are applicable to all basic local exchange service, intra-LATA interexchange service, inter-LATA interexchange service, and any other telecommunications service provided by telecommunications companies in this state;
(3) Maintain records, provide procedures, and establish performance standards for telecommunications companies with respect to changes of an authorized telecommunications company pursuant to the act;
(4) Establish and administer a slamming complaint system for subscribers of telecommunications service and enforce the provisions of the act; and
(5) Are consistent with 47 C.F.R. 64.1100, 64.1120, 64.1130, and 64.1190, as such regulations existed on January 1, 2002, for the selection of telecommunications companies. The Public Service Commission may adopt and promulgate rules and regulations consistent with the federal regulations for changing long distance service under subpart K of 47 C.F.R. part 64, as such regulations existed on January 1, 2002.
Source
Laws 1999, LB 150, § 10;
R.S.1943, (1999), § 86-1910;
Laws 2002, LB 1105, § 72.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-211 - Unauthorized additional services; provider; duties.

86-211.
Unauthorized additional services; provider; duties.
(1) No telecommunications company shall initiate or bill additional telecommunications services not required by the commission to be offered and for which the subscriber did not explicitly request or subscribe. The providing telecommunications company shall initiate a refund of a charge or apply the charge as a credit to the subscriber's next monthly bill if (a) a charge is assessed on a per-use basis for a telecommunications service described in this subsection and (b) the subscriber notifies the providing telecommunications company that the subscriber did not utilize the telecommunications service or the subscriber did not authorize the utilization of the telecommunications service.
(2) If a providing telecommunications company receives a notification pursuant to subdivision (1)(b) of this section, the telecommunications company shall inform the subscriber of the ability to block the telecommunications service from future use by the subscriber and shall block the telecommunications service from future use by the subscriber if the subscriber so requests. If a subscriber requests that the company not block the service or later requests to have the block lifted, the subscriber shall be responsible for charges caused by the future utilization of the telecommunications service. The company shall not charge a recurring fee for blocking the telecommunications service.
Source
Laws 1999, LB 150, § 11;
R.S.1943, (1999), § 86-1911;
Laws 2002, LB 1105, § 73.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-212 - Act, how cited.

86-212.
Act, how cited.
Sections 86-212 to 86-235 shall be known and may be cited as the Telemarketing and Prize Promotions Act.
Source
Laws 1999, LB 469, § 1;
Laws 2001, LB 165, § 1;
R.S.Supp.,2001, § 86-2001;
Laws 2002, LB 1105, § 74.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-213 - Definitions, where found.

86-213.
Definitions, where found.
For purposes of the Telemarketing and Prize Promotions Act, the definitions found in sections 86-214 to 86-223 apply.
Source
Laws 1999, LB 469, § 2;
R.S.1943, (1999), § 86-2002;
Laws 2002, LB 1105, § 75.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-215 - Consumer goods or services, defined.

86-215.
Consumer goods or services, defined.
Consumer goods or services means any tangible personal property, merchandise, or services normally used for personal, family, or household purposes and not for resale or for use or consumption in trade or business.
Source
Laws 2002, LB 1105, § 77.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-216 - Consumer telephone call, defined.

86-216.
Consumer telephone call, defined.
Consumer telephone call means a telephone call made by a seller for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes.
Source
Laws 2002, LB 1105, § 78.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-217 - Prize, defined.

86-217.
Prize, defined.
Prize means anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. Prize does not include an item offered in a promotion for a book, recording, video, multimedia, or similar club in compliance with 16 C.F.R. part 425, as such regulations existed on January 1, 2002, or a continuity plan or single sale of merchandise or service where there is no minimum purchase required.
Source
Laws 2002, LB 1105, § 79.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-218 - Prize promotion, defined.

86-218.
Prize promotion, defined.
Prize promotion means (1) a sweepstakes or other game of chance or (2) an oral or written express or implied representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize.
Source
Laws 2002, LB 1105, § 80.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-219 - Seller, defined.

86-219.
Seller, defined.
Seller means any person or organization who individually or through salespersons initiates unsolicited consumer telephone calls in order to (1) sell, lease, or rent consumer goods or services, (2) offer gifts or prizes with the intent to sell, lease, or rent consumer goods or services, or (3) represent to a consumer that the consumer has won or will receive a prize by telephonic means or by written notice sent through the mail in which the goods and services and all the material terms of the transaction are not fully described and which require that the consumer contact the seller by telephone to learn about or initiate the transaction. Seller does not include a telecommunications company as defined in section 86-119 when the telecommunications company is offering telecommunications service of any kind which are subject to the verification provisions of (i) the Telephone Consumer Slamming Prevention Act or (ii) the federal regulations for changing long distance service under subpart K of 47 C.F.R. part 64, as such regulations existed on January 1, 2002.
Source
Laws 2002, LB 1105, § 81.
Cross References
Telephone Consumer Slamming Prevention Act, see section 86-201.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-222 - Unsolicited consumer telephone call, defined.

86-222.
Unsolicited consumer telephone call, defined.
Unsolicited consumer telephone call means a consumer telephone call other than a call made:
(1) In response to an express request of the person called;
(2) Primarily in connection with an existing debt or contract, for which payment or performance has not been completed at the time of such a call;
(3) To any person with whom the seller has a clearly established business relationship; or
(4) By a magazine or newspaper publisher or such publisher's agent or employee in connection with such publisher's business.
Source
Laws 2002, LB 1105, § 84.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-223 - Verifiable retail value, defined.

86-223.
Verifiable retail value, defined.
Verifiable retail value means the price (1) at which the solicitor or sponsor can demonstrate that a substantial number of prizes have been sold within the prior twelve months by a person other than the solicitor in the trade area in which the prize notice is given or (2) no more than one and one-half times the amount the solicitor or sponsor paid for the prize.
Source
Laws 2002, LB 1105, § 85.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-224 - Payment; consumer's express verifiable authorization required.

86-224.
Payment; consumer's express verifiable authorization required.
A seller may not obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a consumer's checking, savings, share, or similar account, without that consumer's express verifiable authorization. Such authorization shall be deemed verifiable if any of the following means are employed:
(1) Express written authorization by the consumer, which may include the consumer's signature on the negotiable instrument;
(2) Express oral authorization which is tape recorded and made available upon request to the consumer's financial institution or to the consumer and which evidences clearly both the consumer's authorization of payment for the goods and services that are the subject of the sales offer and the consumer's receipt of all of the following information:
(a) The date of the check, draft, or other form of negotiable paper;
(b) The amount of the check, draft, or other form of negotiable paper;
(c) The payor's name;
(d) The number of check, draft, or negotiable paper payments, if more than one;
(e) A telephone number for consumer inquiry that is answered during normal business hours; and
(f) The date of the consumer's oral authorization; or
(3) Written confirmation of the transaction, sent to the consumer prior to submission for payment of the consumer's check, draft, or other form of negotiable paper that includes:
(a) All of the information contained in subdivision (2) of this section; and
(b) The procedures by which the consumer can obtain a refund from the seller in the event the confirmation is inaccurate.
Source
Laws 1999, LB 469, § 3;
R.S.1943, (1999), § 86-2003;
Laws 2002, LB 1105, § 86.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-225 - Consumer rights.

86-225.
Consumer rights.
(1) In addition to any other right to revoke an offer:
(a) The consumer obligated for any part of the purchase price may cancel the telephone sale until midnight of the fifth business day after the day on which the consumer has received written notice from the seller notifying the consumer of his or her right to cancel the telephone sale. Written notice shall include all of the information included in subdivision (2) of section 86-224 and the procedures by which a consumer may obtain a refund; and
(b) The seller shall disclose the refund policy to the consumer orally by telephone, in writing with advertising or promotional material, or with delivery of the products or services, and shall issue a refund within thirty days after the date on which the seller receives returned merchandise or notice of cancellation. A seller who discloses in writing that a sale is made or provided "satisfaction guaranteed", "with free inspection", "no-risk guarantee", or similar words or phrases shall be deemed to meet the requirements of the review and return for refund policy.
(2) Subdivision (1)(a) of this section does not apply to a sale in which the seller at a minimum has a policy of giving the consumer the right to review goods or services for a period of at least seven days after the date of delivery, accepting returns or canceling services, and providing a refund for the return of its unused and undamaged merchandise or canceled services.
Source
Laws 1999, LB 469, § 4;
R.S.1943, (1999), § 86-2004;
Laws 2002, LB 1105, § 87.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-226 - Restriction on obtaining consumer's payment.

86-226.
Restriction on obtaining consumer's payment.
It is unlawful for a seller to procure the services of any third-party delivery, courier, or other pickup service to obtain a consumer's payment for goods, unless the goods are delivered and can be inspected.
Source
Laws 1999, LB 469, § 5;
R.S.1943, (1999), § 86-2005;
Laws 2002, LB 1105, § 88.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-227 - Restriction on advance payment.

86-227.
Restriction on advance payment.
It is unlawful for a seller to request or receive payment or other consideration, in advance, from a consumer to recover or otherwise aid in the return of money or any other item lost by the consumer in a prior telemarketing transaction. This section does not apply to services provided to a consumer by an attorney licensed to practice law.
Source
Laws 1999, LB 469, § 6;
R.S.1943, (1999), § 86-2006;
Laws 2002, LB 1105, § 89.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-228 - Prize promotions; information required.

86-228.
Prize promotions; information required.
In the case of prize promotions, it is unlawful for a seller to fail to provide the following information:
(1) The odds of winning or receiving the prize and, if the odds are not calculable in advance, the factors used in calculating the odds;
(2) That no purchase and no payment is necessary to win;
(3) All material costs or conditions to receive or redeem a prize that is the subject of the prize promotion;
(4) The no-purchase or no-payment method of participating in the prize promotion, with either instructions on how to participate or an address or local or toll-free telephone number to which customers may write or call for information on how to participate;
(5) The true name and address of the solicitor, sponsor, or seller offering a prize when the consumer is told he or she has won or will receive a prize; and
(6) The verifiable retail value of each prize the consumer is told he or she has won or will receive.
Source
Laws 1999, LB 469, § 7;
R.S.1943, (1999), § 86-2007;
Laws 2002, LB 1105, § 90.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-229 - Solicitor, sponsor, or seller; prohibited acts.

86-229.
Solicitor, sponsor, or seller; prohibited acts.
A solicitor, sponsor, or seller shall not:
(1) Misrepresent the source of any written prize notice;
(2) Represent directly or by implication that the number of individuals eligible for the prize is limited or that an individual has won or will receive a particular prize unless that representation is true;
(3) Misrepresent the value of a prize; or
(4) Request or accept any payment, or create an impression that any payment is required, from an individual prior to the receipt of a written prize notice by such individual if the solicitor, sponsor, or seller represents to such individual that he or she has won or will receive a prize. A written prize notice under this subdivision shall contain all the information required in section 86-228.
Source
Laws 1999, LB 469, § 8;
Laws 2001, LB 165, § 2;
R.S.Supp.,2001, § 86-2008;
Laws 2002, LB 1105, § 91.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-230 - Records required.

86-230.
Records required.
Sellers shall maintain records for twenty-four months in compliance with 16 C.F.R. 310.5, as such regulation existed on January 1, 2002.
Source
Laws 1999, LB 469, § 9;
R.S.1943, (1999), § 86-2009;
Laws 2002, LB 1105, § 92.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-231 - Burden of proof.

86-231.
Burden of proof.
In any civil proceeding alleging a violation of the Telemarketing and Prize Promotions Act, the burden of proving an exemption from the act or an exemption from a definition in the act is upon the person claiming it. In any criminal proceeding alleging a violation of the act, the burden of producing evidence pertaining to a definition or an exemption is upon the person claiming it.
Source
Laws 1999, LB 469, § 10;
R.S.1943, (1999), § 86-2010;
Laws 2002, LB 1105, § 93.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-232 - Act; how construed.

86-232.
Act; how construed.
The Telemarketing and Prize Promotions Act shall not be construed to limit the remedies available to consumers, the Attorney General, or any county attorney under the Uniform Deceptive Trade Practices Act or any other state or federal law.
Source
Laws 1999, LB 469, § 11;
R.S.1943, (1999), § 86-2011;
Laws 2002, LB 1105, § 94.
Cross References
Uniform Deceptive Trade Practices Act, see section 87-306.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-233 - Consumer; remedies.

86-233.
Consumer; remedies.
Any consumer that suffers a loss or harm as a result of a violation of the Telemarketing and Prize Promotions Act may recover actual damages, attorney's fees, court costs, and any other remedies provided by law. The state, on behalf of its residents who have suffered a loss or harm as a result of a violation of the act, may seek actual damages or other remedies provided by law.
Source
Laws 1999, LB 469, § 12;
R.S.1943, (1999), § 86-2012;
Laws 2002, LB 1105, § 95.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-234 - Violation; penalty.

86-234.
Violation; penalty.
A violation of the Telemarketing and Prize Promotions Act is a Class I misdemeanor.
Source
Laws 1999, LB 469, § 13;
R.S.1943, (1999), § 86-2013;
Laws 2002, LB 1105, § 96.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-235 - Violation; civil penalty.

86-235.
Violation; civil penalty.
Any person who violates the Telemarketing and Prize Promotions Act shall be subject to a civil penalty of not more than two thousand dollars for each violation. The Attorney General, acting in the name of the state, may seek recovery of such civil penalties in a civil action.
Source
Laws 2001, LB 165, § 3;
R.S.Supp.,2001, § 86-2014;
Laws 2002, LB 1105, § 97.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-237 - Definitions, where found.

86-237.
Definitions, where found.
For purposes of the Automatic Dialing-Announcing Devices Act, the definitions found in sections 86-238 to 86-243 apply.
Source
Laws 1993, LB 305, § 1;
R.S.1943, (1999), § 86-1201;
Laws 2002, LB 1105, § 99.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-238 - Automatic dialing-announcing device, defined.

86-238.
Automatic dialing-announcing device, defined.
Automatic dialing-announcing device means a device which selects and dials telephone numbers and automatically plays a recorded message.
Source
Laws 1993, LB 305, § 2;
R.S.1943, (1999), § 86-1202;
Laws 2002, LB 1105, § 100.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-240 - Emergency purposes, defined.

86-240.
Emergency purposes, defined.
Emergency purposes means any situation affecting the health and safety of a consumer.
Source
Laws 1993, LB 305, § 4;
R.S.1943, (1999), § 86-1204;
Laws 2002, LB 1105, § 102.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-241 - Established business relationship, defined.

86-241.
Established business relationship, defined.
Established business relationship means a prior or existing relationship formed by a voluntary two-way communication between a person and a residential or business telephone subscriber, with or without an exchange of consideration, on the basis of an inquiry, application, purchase, or transaction by the subscriber regarding products or services offered by the person, which relationship has not been previously terminated by either party.
Source
Laws 1993, LB 305, § 5;
R.S.1943, (1999), § 86-1205;
Laws 2002, LB 1105, § 103.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-242 - Telephone solicitation, defined.

86-242.
Telephone solicitation, defined.
(1) Telephone solicitation means a telephone 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, which call or message is transmitted to any person.
(2) Telephone solicitation does not include a call or message (a) made to any person with the person's prior express invitation or permission, (b) made to any person with whom the caller has an established business relationship, (c) made by a tax-exempt nonprofit organization, (d) not made for commercial purposes, (e) made for a commercial purpose but which does not include the transmission of an unsolicited advertisement, or (f) placed by a live operator and a prerecorded message is not utilized.
Source
Laws 1993, LB 305, § 6;
R.S.1943, (1999), § 86-1206;
Laws 2002, LB 1105, § 104;
Laws 2008, LB720, § 2.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-243 - Unsolicited advertisement, defined.

86-243.
Unsolicited advertisement, defined.
Unsolicited advertisement means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission.
Source
Laws 1993, LB 305, § 7;
R.S.1943, (1999), § 86-1207;
Laws 2002, LB 1105, § 105.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-244 - Telephone solicitations; restrictions.

86-244.
Telephone solicitations; restrictions.
A person shall not initiate a telephone solicitation, other than a call made for emergency purposes, using an automatic dialing-announcing device to: (1) An emergency telephone line, including 911 or any emergency or business line of a hospital, physician or medical service office, health care facility, poison control center, fire protection agency, or law enforcement agency; (2) the telephone line of any guest room or patient room of a hospital, health care facility, nursing home, or similar facility; (3) any telephone number assigned to a paging service, a cellular telephone service, a specialized mobile radio service, any other radio common carrier service, or any service for which the person called is charged for the call; or (4) a residential or business telephone line unless the telephone solicitation is otherwise permitted by the Automatic Dialing-Announcing Devices Act.
Source
Laws 1993, LB 305, § 8;
R.S.1943, (1999), § 86-1208;
Laws 2002, LB 1105, § 106.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-245 - Unsolicited advertisement to telephone facsimile machine; prohibited.

86-245.
Unsolicited advertisement to telephone facsimile machine; prohibited.
A person shall not use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.
Source
Laws 1993, LB 305, § 9;
R.S.1943, (1999), § 86-1209;
Laws 2002, LB 1105, § 107.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-246 - Automatic dialing-announcing device; certain use prohibited.

86-246.
Automatic dialing-announcing device; certain use prohibited.
A person shall not use an automatic dialing-announcing device in such a way that two or more telephone lines of a business with a multiline telephone system are engaged simultaneously.
Source
Laws 1993, LB 305, § 10;
R.S.1943, (1999), § 86-1210;
Laws 2002, LB 1105, § 108.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-247 - Telephone solicitation message; requirements.

86-247.
Telephone solicitation message; requirements.
All telephone solicitation messages transmitted by an automatic dialing-announcing device shall:
(1) At the beginning of the message, state clearly the identity of the person making the call; and
(2) During or after the message, state clearly the telephone number, other than that of the device which made the call, or address of such person.
Source
Laws 1993, LB 305, § 11;
R.S.1943, (1999), § 86-1211;
Laws 2002, LB 1105, § 109;
Laws 2008, LB720, § 3.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-248 - Telephone solicitation to residential line; limitations.

86-248.
Telephone solicitation to residential line; limitations.
(1) A person shall not make a telephone solicitation using an automatic dialing-announcing device to a residential telephone line (a) before 8 a.m. or after 9 p.m. at the location of the person called and (b) unless the caller has instituted procedures for maintaining a list of telephone subscribers who do not wish to receive telephone solicitations made by or on behalf of the caller.
(2) The procedures instituted pursuant to subdivision (1)(b) of this section shall meet the following minimum standards:
(a) A written policy, available upon demand, for maintaining a do-not-call list must be established;
(b) Personnel engaged in any aspect of telephone solicitation must be informed of the existence of and trained in the use of the do-not-call list;
(c) If a person making a telephone solicitation, or on whose behalf a solicitation is made, receives a request from a residential or business telephone subscriber not to receive calls from that person, the person shall record the request and place the subscriber's name and telephone number on the do-not-call list and the time the request is made. If the requests are recorded or maintained by someone other than the person on whose behalf the telephone solicitation is made, the person on whose behalf the solicitation is made shall be liable for any failure to honor the do-not-call request. In order to protect a telephone subscriber's privacy, a person making telephone solicitations shall obtain a telephone subscriber's prior express consent to share the telephone subscriber's request not to be called with, or to forward such request to, someone other than the person on whose behalf a telephone solicitation is made or an affiliated entity;
(d) A person making a telephone solicitation shall provide the person called with the identity of the person making the call and a telephone number, other than that of the device which placed the call, or address at which the person may be contacted;
(e) In the absence of a specific request by a telephone subscriber to the contrary, a residential or business telephone subscriber's do-not-call request shall apply to the particular person making the call or on whose behalf a call is made and shall not apply to affiliated entities unless the telephone subscriber reasonably would expect them to be included given the identification of the caller and the product being advertised; and
(f) A person making telephone solicitations shall maintain a do-not-call list for the purpose of any future telephone solicitations.
Source
Laws 1993, LB 305, § 12;
R.S.1943, (1999), § 86-1212;
Laws 2002, LB 1105, § 110.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-249 - Automatic dialing-announcing device; release of telephone line; requirements.

86-249.
Automatic dialing-announcing device; release of telephone line; requirements.
An automatic dialing-announcing device delivering a recorded message to a person shall release the telephone line of the person called within five seconds of the time notification is transmitted to the device that the person called has hung up, or as soon thereafter as the serving telephone company's central office equipment permits, to allow the telephone line of the person called to be used to make or receive other calls.
Source
Laws 1993, LB 305, § 13;
R.S.1943, (1999), § 86-1213;
Laws 2002, LB 1105, § 111.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-251 - Sequential dialing prohibited.

86-251.
Sequential dialing prohibited.
A person shall not connect or operate an automatic dialing-announcing device in such a manner as to allow it to dial telephone numbers sequentially which means in any manner other than a random manner. A detectable, predictable pattern which can be used to accurately project the device's number dialing shall satisfy a finding that sequential number dialing is taking place in violation of this section.
Source
Laws 1993, LB 305, § 15;
R.S.1943, (1999), § 86-1215;
Laws 2002, LB 1105, § 113.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-252 - Commission; adopt rules and regulations.

86-252.
Commission; adopt rules and regulations.
The commission shall adopt and promulgate rules and regulations necessary to carry out the Automatic Dialing-Announcing Devices Act. The rules and regulations shall include limitations on the length of calls and messages and the days of the week, holidays, and time of day when calls can be made.
Source
Laws 1993, LB 305, § 16;
R.S.1943, (1999), § 86-1216;
Laws 2002, LB 1105, § 114.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-253 - Commission; enforcement.

86-253.
Commission; enforcement.
The commission may conduct investigations and shall enforce the Automatic Dialing-Announcing Devices Act. Upon written complaint and supporting affidavit that an applicable law, rule, or regulation has been or is being violated, the commission may enter a cease and desist order on an ex parte basis against the party named in the complaint. The order shall have duration of no more than twenty days, and a hearing upon the complaint shall be held no later than twenty days after the order is entered. In addition to any criminal or other penalties, failure to comply with an applicable law, rule, or regulation shall constitute grounds for revocation or suspension of a permit.
Source
Laws 1993, LB 305, § 17;
R.S.1943, (1999), § 86-1217;
Laws 2002, LB 1105, § 115.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-254 - Seizure of automatic dialing-announcing devices; when; destruction; liability.

86-254.
Seizure of automatic dialing-announcing devices; when; destruction; liability.
The commission, its agents or employees, or any peace officer of this state at the direction of the commission may, at any place in the state, seize without a warrant any automatic dialing-announcing device the operation of which does not conform in all respects to requirements imposed by subdivisions (1) and (2) of section 86-244 or any rules or regulations. The seized device shall constitute contraband. The commission may, upon satisfactory proof, direct return of a seized device when the evidence establishes the owner did not willfully or intentionally fail to comply with the applicable law, rules, or regulations. The commission may, upon finding that the owner of a seized device has willfully or intentionally failed to comply with the applicable law, rules, or regulations, confiscate the device. Any device so confiscated may be destroyed. Destruction of a device shall not occur before all statutory appeal periods available to the owner have been exhausted. The seizure and destruction of an automatic dialing-announcing device shall not relieve any person from a fine, imprisonment, or other penalty for violation of the applicable law, rules, or regulations. The commission, its agents and employees, or any peace officer of this state shall not be liable for negligence for the seizure, confiscation, or destruction of any contraband pursuant to this section.
Source
Laws 1993, LB 305, § 18;
R.S.1943, (1999), § 86-1218;
Laws 2002, LB 1105, § 116.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-255 - Commission decision; appeal.

86-255.
Commission decision; appeal.
Any decision of the commission made pursuant to the Automatic Dialing-Announcing Devices Act or the rules and regulations may be appealed. The appeal shall be in accordance with section 75-136.
Source
Laws 1993, LB 305, § 19;
Laws 2000, LB 1285, § 20;
R.S.Supp.,2000, § 86-1219;
Laws 2002, LB 1105, § 117;
Laws 2013, LB545, § 13.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-256 - Automatic dialing-announcing device; registration required; when; message requirements; liability; filing required.

86-256.
Automatic dialing-announcing device; registration required; when; message requirements; liability; filing required.
(1) Any person using an automatic dialing-announcing device other than for telephone solicitations shall register the device with the commission pursuant to the application process, without a fee, and shall include with the application a detailed explanation of the use planned and the message to be used.
(2) All telephone messages transmitted by an automatic dialing-announcing device other than telephone solicitations shall:
(a) At the beginning of the message, state clearly the identity of the person on whose behalf the message is being transmitted;
(b) During or after the message, state clearly the telephone number, other than that of the device which made the call, or address of the person operating the device; and
(c) Transmit messages only between the hours of 8 a.m. and 9 p.m. at the location of the person receiving the message.
(3) This section does not apply to (a) a message from any elementary, secondary, or postsecondary educational institution to any of its students, parents, or employees, (b) a message to a person with whom the person placing the call or the person on whose behalf the message is being transmitted has an established business or personal relationship, (c) a message from an employer advising any of its employees of work schedules, or (d) a message from a political subdivision as defined in section 13-903.
(4) A person contracting with a third party to connect or operate an automatic dialing-announcing device for other than telephone solicitations shall be jointly and severally liable with the third party for connecting and operating the automatic dialing-announcing device in violation of the Automatic Dialing-Announcing Devices Act or the rules and regulations adopted and promulgated under the act.
(5) A person contracting with a third party to connect or operate an automatic dialing-announcing device for other than telephone solicitations shall file with the commission the message to be used within twenty-four hours after the message is transmitted.
Source
Laws 1993, LB 305, § 21;
R.S.1943, (1999), § 86-1221;
Laws 2002, LB 1105, § 118;
Laws 2008, LB720, § 5.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-257 - Violations; administrative fine.

86-257.
Violations; administrative fine.
The commission may administratively fine pursuant to section 75-156 any person who violates the Automatic Dialing-Announcing Devices Act or the rules and regulations adopted and promulgated under the act.
Source
Laws 1993, LB 305, § 22;
Laws 2000, LB 1285, § 21;
R.S.Supp.,2000, § 86-1222;
Laws 2002, LB 1105, § 119.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-258 - Act, how cited.

86-258.
Act, how cited.
Sections 86-258 to 86-270 shall be known and may be cited as the Intrastate Pay-Per-Call Regulation Act.
Source
Laws 1993, LB 42, § 1;
R.S.1943, (1999), § 86-1101;
Laws 2002, LB 1105, § 120.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-259 - Definitions, where found.

86-259.
Definitions, where found.
For purposes of the Intrastate Pay-Per-Call Regulation Act, the definitions found in sections 86-260 and 86-261 apply.
Source
Laws 1993, LB 42, § 2;
R.S.1943, (1999), § 86-1102;
Laws 2002, LB 1105, § 121.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-261 - Pay-per-call services, defined.

86-261.
Pay-per-call services, defined.
Pay-per-call services means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time-interval charge that is greater than or in addition to the charge for transmission of the call.
Source
Laws 2002, LB 1105, § 123.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-262 - Common carriers; provide services; terms and conditions.

86-262.
Common carriers; provide services; terms and conditions.
Common carriers may provide intrastate transmission, under either contract or tariff, for pay-per-call services only under the terms and conditions set forth by the Intrastate Pay-Per-Call Regulation Act.
Source
Laws 1993, LB 42, § 3;
R.S.1943, (1999), § 86-1103;
Laws 2002, LB 1105, § 124.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-263 - Rules and regulations regarding preambles.

86-263.
Rules and regulations regarding preambles.
In addition to the general requirements set forth in subsection (1) of section 86-269, the commission specifically shall adopt and promulgate rules and regulations as necessary regarding preambles to intrastate pay-per-call programs consistent with 16 C.F.R. 308.1 through 308.9, as such regulations existed on January 1, 2002, pertaining to preamble requirements for interstate pay-per-call programs.
Source
Laws 1993, LB 42, § 4;
R.S.1943, (1999), § 86-1104;
Laws 2002, LB 1105, § 125.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-264 - Common carrier; provide information to consumers.

86-264.
Common carrier; provide information to consumers.
The common carrier providing intrastate transmission for pay-per-call services shall provide to consumers upon request the name, address, and customer service telephone number of any information provider to whom the common carrier provides such transmission service, either directly or through another entity such as a service bureau. The common carrier shall provide the information at no charge and within a reasonable time upon verbal or written request.
Source
Laws 1993, LB 42, § 5;
R.S.1943, (1999), § 86-1105;
Laws 2002, LB 1105, § 126.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-265 - Option to block nine hundred services; charges; rules and regulations for involuntary blocks.

86-265.
Option to block nine hundred services; charges; rules and regulations for involuntary blocks.
(1) Local exchange carriers shall offer to their subscribers, when technically feasible, an option to block intrastate nine hundred service. Blocking shall be offered at no charge on a one-time basis to all residential telephone subscribers. For blocking requests not within the one-time option and for commercial subscribers, the local exchange carrier may charge a reasonable one-time fee for each blocking request. Requests by subscribers to remove a previously blocked intrastate nine hundred service shall be in writing to the local exchange carrier. The commission may adopt and promulgate rules and regulations to implement procedures for local exchange carriers to place involuntary blocks on subscribers who fail to pay for pay-per-call services.
(2) For purposes of this section, technically feasible means when the existing switch will accommodate the request for blocking.
Source
Laws 1993, LB 42, § 6;
R.S.1943, (1999), § 86-1106;
Laws 2002, LB 1105, § 127.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-266 - Common carrier; prohibited acts.

86-266.
Common carrier; prohibited acts.
No common carrier shall disconnect or order the disconnection of a subscriber's basic telecommunications service as a result of the subscriber's failure to pay interstate or intrastate pay-per-call service charges.
Source
Laws 1993, LB 42, § 7;
R.S.1943, (1999), § 86-1107;
Laws 2002, LB 1105, § 128.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-267 - Transmission services; acceptance of charges required.

86-267.
Transmission services; acceptance of charges required.
No common carrier shall provide transmission services for pay-per-call services originated by an information provider and charged to the consumer unless the called party has taken affirmative action clearly indicating that it accepts the charges for the collect pay-per-call service. This restriction includes eight hundred number call-back service.
Source
Laws 1993, LB 42, § 8;
R.S.1943, (1999), § 86-1108;
Laws 2002, LB 1105, § 129.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-268 - Transmission services; limitations.

86-268.
Transmission services; limitations.
No common carrier shall provide transmission services for any pay-per-call service which employs broadcast advertising that generates the audible tones necessary to complete a call to a pay-per-call service.
Source
Laws 1993, LB 42, § 9;
R.S.1943, (1999), § 86-1109;
Laws 2002, LB 1105, § 130.