reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1511 - Sale of cigarettes; admissible evidence.

59-1511.
Sale of cigarettes; admissible evidence.
(1) In determining cost to the retailer and cost to the wholesaler the division or a court shall receive and consider as bearing on the good faith of such cost, evidence tending to show that any person complained against under any of the provisions of sections 59-1501 to 59-1518 purchased cigarettes, with respect to the sale of which complaint is made, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true cost, discounts or terms of purchase, and shall also receive and consider as bearing on the good faith of such cost, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or state.
(2) Merchandise given free or payment made to a retailer or wholesaler by the manufacturer thereof for display, or advertising, or promotion purposes, or otherwise, shall not be considered in determining the cost of cigarettes to the retailer or wholesaler.
Source
Laws 1965, c. 364, § 11, p. 1191.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1512 - Sale of cigarettes; sales outside ordinary channels.

59-1512.
Sale of cigarettes; sales outside ordinary channels.
In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of such cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside the ordinary channels of trade, may not be used as a basis for justifying a price lower than one based upon the replacement cost of the cigarettes to the retailer or wholesaler in the quantity last purchased through the ordinary channels of trade.
Source
Laws 1965, c. 364, § 12, p. 1191.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1513 - Sale of cigarettes; cost survey.

59-1513.
Sale of cigarettes; cost survey.
Where a cost survey, pursuant to recognized statistical and cost-accounting practices, has been made for the trading area in which the offense is committed, to establish the lowest cost to the retailer and the lowest cost to the wholesaler, such cost survey shall be deemed competent evidence to be used in proving the cost to the person complained against within the provisions of sections 59-1501 to 59-1518.
Source
Laws 1965, c. 364, § 13, p. 1191.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1514 - Cigarette tax division; rules and regulations.

59-1514.
Cigarette tax division; rules and regulations.
The division may adopt rules and regulations for the enforcement of the provisions of sections 59-1501 to 59-1518 and may undertake a cost survey as provided for in section 59-1513.
Source
Laws 1965, c. 364, § 14, p. 1191.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1515 - Sale of cigarettes; actions; remedies.

59-1515.
Sale of cigarettes; actions; remedies.
(1) An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation or threatened violation of any of the provisions of sections 59-1501 to 59-1518. Such an action may be instituted by any person injured by any violation or threatened violation of sections 59-1501 to 59-1518 or by the Attorney General, upon the request of the division. If in such action a violation or threatened violation of the provisions of sections 59-1501 to 59-1518 shall be established, the court shall enjoin and restrain, or otherwise prohibit such violation or threatened violation. In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in such action, in addition to such injunctive relief and costs of suit, including reasonable attorney's fees, shall be entitled to recover from the defendant the actual damages sustained by such plaintiff.
(2) If no injunctive relief is sought or required, any person injured by a violation of sections 59-1501 to 59-1518 may maintain an action for damages and costs of suit in any court of competent jurisdiction.
Source
Laws 1965, c. 364, § 15, p. 1192.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1516 - Revocation of license; procedure; appeal.

59-1516.
Revocation of license; procedure; appeal.
(1) In addition to sections 59-1503 and 59-1515, the division may, after notice and hearing, suspend or revoke for any violation of the Unfair Cigarette Sales Act the license or licenses of any person, licensed under the provisions of Chapter 28 or Chapter 77, article 26, and notice of hearing shall be given as provided in the Administrative Procedure Act.
(2) Any person whose license or licenses have been so revoked may apply to the division at the expiration of sixty days for a reinstatement of his or her license or licenses. Such license or licenses may be reinstated by the division if it shall appear to the satisfaction of the division that the licensee will comply with the Unfair Cigarette Sales Act and the rules and regulations adopted and promulgated under the act.
(3) No person whose license has been suspended or revoked shall sell cigarettes or permit cigarettes to be sold during the period of such suspension or revocation on the premises occupied by him or her or upon other premises controlled by him or her or others or in any other manner or form whatever. No disciplinary proceedings or action shall be barred or abated by the expiration, transfer, surrender, continuance, renewal, or extension of any license issued under the provisions of Chapter 28 or Chapter 77, article 26.
(4) Any person aggrieved by any decision, order, or finding of the division may appeal the decision, order, or finding, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1965, c. 364, § 16, p. 1192;
Laws 1988, LB 352, § 102.
Cross References
Administrative Procedure Act, see section 84-920.
Cigarette tax, see Chapter 77, article 26.
Licensing provisions, see sections 28-1420 to 28-1429.02.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1517 - Cigarette tax division; enforcement of sections.

59-1517.
Cigarette tax division; enforcement of sections.
In order to effectuate the purposes of sections 59-1501 to 59-1518 it shall be the duty of the division to carry out the enforcement provisions of sections 59-1501 to 59-1518. In accordance with the laws of this state the division may, within the limits of available appropriations, employ and fix the duties and compensation of such inspectors and other personnel necessary to carry out the provisions of sections 59-1501 to 59-1518.
Source
Laws 1965, c. 364, § 17, p. 1193.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1518 - Cigarette tax division; powers vested by other laws.

59-1518.
Cigarette tax division; powers vested by other laws.
All of the powers vested in the division by the provisions of any law heretofore or hereafter to be enacted, shall be available to the division in the enforcement of the Unfair Cigarette Sales Act.
Source
Laws 1965, c. 364, § 18, p. 1193.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1519 - Terms, defined.

59-1519.
Terms, defined.
For purposes of sections 59-1519 to 59-1525:
(1) Cigarettes has the same meaning as in section 77-2601;
(2) Package has the same meaning as in 15 U.S.C. 1332(4), as such section existed on May 1, 2001; and
(3) Person has the same meaning as in section 77-2601.
Source
Laws 2001, LB 358, § 1.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1520 - Prohibited acts.

59-1520.
Prohibited acts.
It is unlawful for any person to:
(1) Sell or distribute in this state, acquire, hold, own, possess, or transport for sale or distribution in this state, or import or cause to be imported into this state for sale or distribution in this state, any cigarettes that do not comply with all requirements imposed by or pursuant to federal law and regulations, including, but not limited to:
(a) The filing of ingredients lists pursuant to the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1335a, as such section existed on January 1, 2011;
(b) The permanent imprinting on the primary packaging of the precise package warning labels in the precise format specified in the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333, as such section existed on January 1, 2011;
(c) The rotation of label statements pursuant to the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333(c), as such section existed on January 1, 2011;
(d) The restrictions on the importation, transfer, and sale of previously exported tobacco products pursuant to 19 U.S.C. 1681 et seq. and Chapter 52 of the Internal Revenue Code, 26 U.S.C. 5701 et seq., as such sections existed on January 1, 2011; and
(e) The federal trademark and copyright laws;
(2) Alter a package of cigarettes, prior to sale or distribution to the ultimate consumer, so as to remove, conceal, or obscure:
(a) Any statement, label, stamp, sticker, or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States, including, but not limited to, labels stating "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording; or
(b) Any health warning that is not the precise package warning statement in the precise format specified in the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333, as such section existed on January 1, 2011;
(3) Affix any stamps or meter impression required pursuant to sections 77-2601 to 77-2615 to the package of any cigarettes that does not comply with the requirements of subdivision (1) of this section or that is altered in violation of subdivision (2) of this section; and
(4) Import or reimport into the United States for sale or distribution under any trade name, trade dress, or trademark that is the same as, or is confusingly similar to, any trade name, trade dress, or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States.
Source
Laws 2001, LB 358, § 2;
Laws 2011, LB590, § 1.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1521 - Exemptions.

59-1521.
Exemptions.
Sections 59-1519 to 59-1525 shall not apply to cigarettes allowed to be imported or brought into the United States for personal use or cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C. 1555(b), as such section existed on May 1, 2001.
Source
Laws 2001, LB 358, § 3.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1522 - Violation; penalty.

59-1522.
Violation; penalty.
Any person that commits any of the acts prohibited by section 59-1520, either knowing or having reason to know he or she is doing so, is guilty of a Class IV felony.
Source
Laws 2001, LB 358, § 4.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1523 - Disciplinary actions; contraband.

59-1523.
Disciplinary actions; contraband.
(1) The cigarette tax division of the Tax Commissioner may, after notice and hearing, revoke or suspend for any violation of section 59-1520 the license or licenses of any person licensed under sections 28-1418 to 28-1429.03 or sections 77-2601 to 77-2622.
(2) Cigarettes that are acquired, held, owned, possessed, transported, sold, or distributed in or imported into this state in violation of section 59-1520 are declared to be contraband goods and are subject to seizure and forfeiture. Any cigarettes so seized and forfeited shall be destroyed. Such cigarettes shall be declared to be contraband goods whether the violation of section 59-1520 is knowing or otherwise.
Source
Laws 2001, LB 358, § 5;
Laws 2011, LB590, § 2;
Laws 2014, LB863, § 27.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1524 - Deceptive trade practice.

59-1524.
Deceptive trade practice.
A violation of section 59-1520 shall constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act and, in addition to any remedies or penalties set forth in sections 59-1519 to 59-1525, shall be subject to any remedies or penalties available for a violation under the Uniform Deceptive Trade Practices Act.
Source
Laws 2001, LB 358, § 6.
Cross References
Uniform Deceptive Trade Practices Act, see section 87-306.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1525 - Enforcement.

59-1525.
Enforcement.
(1) Sections 59-1519 to 59-1525 shall be enforced by the cigarette tax division of the Tax Commissioner, except that at the request of the division or the division's duly authorized agent, the Nebraska State Patrol and any peace officer shall enforce the provisions of sections 59-1519 to 59-1525. The Attorney General has concurrent power with the county attorney or other prosecuting attorney of the state to enforce sections 59-1519 to 59-1525.
(2) For the purpose of enforcing sections 59-1519 to 59-1525, the division and any agency delegated enforcement responsibility pursuant to subsection (1) of this section may request information from any state or local agency and may share information with, and request information from, any federal agency and any other state or local agency.
Source
Laws 2001, LB 358, § 7.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1601 - Terms, defined.

59-1601.
Terms, defined.
For purposes of the Consumer Protection Act, unless the context otherwise requires:
(1) Person shall mean natural persons, corporations, trusts, unincorporated associations, partnerships, and limited liability companies;
(2) Trade and commerce shall mean the sale of assets or services and any commerce directly or indirectly affecting the people of the State of Nebraska; and
(3) Assets shall mean any property, tangible or intangible, real, personal, or mixed, and wherever situated, and any other thing of value.
Source
Laws 1974, LB 1028, § 8;
Laws 1993, LB 121, § 378.
Annotations
The Consumer Protection Act is equitable in nature. State ex rel. Stenberg v. Consumer's Choice Foods, 276 Neb. 481, 755 N.W.2d 583 (2008).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1602 - Unfair competition; practices; unlawful.

59-1602.
Unfair competition; practices; unlawful.
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce shall be unlawful.
Source
Laws 1974, LB 1028, § 9.
Annotations
Immunity under the Noerr-Pennington doctrine may be raised as an affirmative defense against claims for violations of this section and section 59-1603 brought under section 59-1609. Salem Grain Co. v. Consolidated Grain & Barge Co., 297 Neb. 682, 900 N.W.2d 909 (2017).
It was a violation of the Consumer Protection Act when consumers were led to believe they would receive a free freezer or another appliance by entering into a contract for food. State ex rel. Stenberg v. Consumer's Choice Foods, 276 Neb. 481, 755 N.W.2d 583 (2008).
To be actionable under the Nebraska Consumer Protection Act, the unfair or deceptive act or practice must have an impact upon the public interest. Nelson v. Lusterstone Surfacing Co., 258 Neb. 678, 605 N.W.2d 136 (2000).
Attorney General may bring an action to recover a civil penalty for a violation of this section. State ex rel. Stenberg v. American Midlands, 244 Neb. 887, 509 N.W.2d 633 (1994).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1603 - Contracts, combinations, conspiracies in restraint of trade; unlawful.

59-1603.
Contracts, combinations, conspiracies in restraint of trade; unlawful.
Any contract, combination, in the form of trust or otherwise, or conspiracy in restraint of trade or commerce shall be unlawful.
Source
Laws 1974, LB 1028, § 10.
Annotations
Immunity under the Noerr-Pennington doctrine may be raised as an affirmative defense against claims for violations of this section and section 59-1602 brought under section 59-1609. Salem Grain Co. v. Consolidated Grain & Barge Co., 297 Neb. 682, 900 N.W.2d 909 (2017).
A conspiracy need not be established by direct evidence of the acts charged, but may, and generally must, be proved by a number of indefinite acts, conditions, and circumstances which vary according to the purposes to be accomplished. State ex rel. Douglas v. Associated Grocers, 214 Neb. 79, 332 N.W.2d 690 (1983).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1604 - Monopolies and attempted monopolies; unlawful.

59-1604.
Monopolies and attempted monopolies; unlawful.
It shall be unlawful for any person to monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of trade or commerce.
Source
Laws 1974, LB 1028, § 11.
Annotations
As related to a course of action for any person injured in violation of this section, section 59-1609 contemplates an action by indirect purchasers. Arthur v. Microsoft Corp., 267 Neb. 586, 676 N.W.2d 29 (2004).
This section allows any person who is injured by a violation of sections 59-1602 to 59-1606 which directly or indirectly affects the people of Nebraska to bring a civil action to recover damages. Arthur v. Microsoft Corp., 267 Neb. 586, 676 N.W.2d 29 (2004).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1605 - Transactions and agreements not to use or deal in commodities or services of competitor; unlawful; when.

59-1605.
Transactions and agreements not to use or deal in commodities or services of competitor; unlawful; when.
It shall be unlawful for any person to lease or sell or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services, whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodity or services of a competitor of the lessor or seller, when the effect of such lease, sale, or contract for such sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce.
Source
Laws 1974, LB 1028, § 12.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1606 - Acquisition of corporate stock by another corporation to lessen competition; unlawful; exceptions; judicial order to divest.

59-1606.
Acquisition of corporate stock by another corporation to lessen competition; unlawful; exceptions; judicial order to divest.
(1) It shall be unlawful for any corporation to acquire, directly or indirectly, the whole or any part of the stock or assets of another corporation when the effect of such acquisition may be to substantially lessen competition or tend to create a monopoly in any line of commerce.
(2) This section shall not apply to corporations which purchase such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition; nor shall anything contained in this section prevent a corporation from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning and holding all or a part of the stock of such subsidiary corporations, when the effect of such formation is not to substantially lessen competition.
(3) In addition to any other remedy provided by the Consumer Protection Act, the district court may order any corporation to divest itself of the stock or assets held contrary to this section, in the manner and within the time fixed by such order.
Source
Laws 1974, LB 1028, § 13;
Laws 2002, LB 1278, § 21.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1607 - Labor not an article of commerce.

59-1607.
Labor not an article of commerce.
The labor of a human being shall not be a commodity or article of commerce. Nothing contained in the Consumer Protection Act shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof.
Source
Laws 1974, LB 1028, § 14;
Laws 2002, LB 1278, § 22.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1608 - Attorney General; restrain prohibited acts; costs; restoration of property.

59-1608.
Attorney General; restrain prohibited acts; costs; restoration of property.
(1) The Attorney General may bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited by the Consumer Protection Act. The prevailing party may, in the discretion of the court, recover the costs of such action including a reasonable attorney's fee.
(2) The court may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any act prohibited in the Consumer Protection Act.
Source
Laws 1974, LB 1028, § 15;
Laws 2002, LB 1278, § 23.
Annotations
Ticket seller was not a "prevailing party," as would support award of attorney fees under Nebraska's Consumer Protection Act and Uniform Deceptive Trade Practices Act following dismissal of the State's consumer protection suit where the State chose to voluntarily dismiss its claims before any judicial determination could be made as to their merits. State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606, 924 N.W.2d 664 (2019).
Restoration of the purchase price under the Nebraska Consumer Protection Act rests within the discretion of the trial court; its ruling will not be disturbed on appeal in the absence of an abuse of that discretion. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).
The awarding and amount of an attorney fee under the Nebraska Consumer Protection Act rest in the sound discretion of the trial court; the Nebraska Supreme Court will only interfere where the allowance is clearly excessive or insufficient. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).
The Nebraska Consumer Protection Act is equitable in nature; as such, trials thereunder are to the court. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1608.01 - Enforcement of act; venue.

59-1608.01.
Enforcement of act; venue.
In the enforcement of the Consumer Protection Act, the Attorney General may bring an action in the name of the state in 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.
Source
Laws 1983, LB 32, § 6;
Laws 2002, LB 1278, § 24.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1608.03 - Recovery under act; Attorney General; duties.

59-1608.03.
Recovery under act; Attorney General; duties.
When the Attorney General, on behalf of a state agency or political subdivision, is authorized to investigate, file suit, or otherwise take action in connection with violations under the Consumer Protection Act, any recovery of damages or costs by judgment, court decree, settlement in or out of court, or other final result shall be subject to the following:
(1) Upon recovery of damages or any monetary payment, except criminal penalties, the costs, expenses, or billings incurred by any state agency or political subdivision in any investigation or other action arising out of a violation under the act shall be sought out in any judgment, court decree, settlement in or out of court, or other final result. Any recovered costs shall be deposited by the Attorney General in the fund from which such costs were expended;
(2) When the Attorney General makes recovery pursuant to the act on behalf of a state agency or political subdivision of any money, funds, securities, or other things of value in the nature of civil damages or other payment, except criminal penalties, whether such recovery is by way of verdict, judgment, compromise, or settlement in or out of court, or other final disposition of any case or controversy, such money, funds, securities, or other things of value shall be deposited by the Attorney General in the fund from which the funds which are being recovered were expended;
(3) Except as otherwise provided by law, the State Settlement Cash Fund shall consist of all recoveries received pursuant to the act, including any money, funds, securities, or other things of value in the nature of civil damages or other payment, except criminal penalties, whether such recovery is by way of verdict, judgment, compromise, or settlement in or out of court, or other final disposition of any case or controversy, or any other payments received on behalf of the state by the Department of Justice and administered by the Attorney General for the benefit of the state or the general welfare of its citizens, but excluding all funds held in a trust capacity where specific benefits accrue to specific individuals, organizations, or governments; and
(4) Except as otherwise provided by law, the State Settlement Trust Fund shall consist of all recoveries received pursuant to the act, including any money, funds, securities, or other things of value in the nature of civil damages or other payment, except criminal penalties, whether such recovery is by way of verdict, judgment, compromise, or settlement in or out of court, or other final disposition of any case or controversy, or any other payments received on behalf of the state by the Department of Justice and administered by the Attorney General, but to include only those funds held in a trust capacity where specific benefits accrue to specific individuals, organizations, or governments.
Source
Laws 2006, LB 1061, § 3.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1608.05 - State Settlement Trust Fund; created; use; investment.

59-1608.05.
State Settlement Trust Fund; created; use; investment.
The State Settlement Trust Fund is created. The fund shall be maintained by the Department of Justice and administered by the Attorney General. Except as otherwise provided by law, the fund shall consist of all recoveries received pursuant to the Consumer Protection Act, including any money, funds, securities, or other things of value in the nature of civil damages or other payment, except criminal penalties, whether such recovery shall be by way of verdict, judgment, compromise, or settlement in or out of court, or other final disposition of any case or controversy, or any other payments received on behalf of the state by the Department of Justice and administered by the Attorney General, but to include only those funds held in a trust capacity where specific benefits accrue to specific individuals, organizations, or governments. All money in the State Settlement Trust Fund shall be subject to legislative review, but shall not be subject to legislative appropriation. The fund shall be expended consistent with any legal restrictions placed on the funds. The fund shall be paid from the same budget program used to record revenue and expenditures of the State Settlement Cash Fund, except that the fund shall only be expended from a separate and distinct budget subprogram and shall not be commingled with any other revenue or expenditure. To provide necessary financial accountability and management oversight, revenue from individual settlement agreements or other separate sources credited to the fund may be tracked and accounted for within the state accounting system through the use of separate and distinct funds, subfunds, or any other available accounting mechanism specifically approved by the Accounting Administrator for use by the Department of Justice. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2006, LB 1061, § 5.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1609 - Civil action for damages.

59-1609.
Civil action for damages.
Any person who is injured in his or her business or property by a violation of sections 59-1602 to 59-1606, whether such injured person dealt directly or indirectly with the defendant, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of sections 59-1603 to 59-1606, may bring a civil action in the district court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney's fee, and the court may in its discretion, increase the award of damages to an amount which bears a reasonable relation to the actual damages which have been sustained and which damages are not susceptible of measurement by ordinary pecuniary standards; except that such increased award for violation of section 59-1602 shall not exceed one thousand dollars. For the purpose of this section, person shall include the counties, the municipalities, and all political subdivisions of this state.
Whenever the State of Nebraska is injured by reason of a violation of sections 59-1603 to 59-1606, it may sue therefor in the district court to recover the actual damages sustained by it and to recover the costs of the suit including a reasonable attorney's fee.
Source
Laws 1974, LB 1028, § 16;
Laws 2002, LB 1278, § 26.
Annotations
Immunity under the Noerr-Pennington doctrine may be raised as an affirmative defense against claims for violations of sections 59-1602 and 59-1603 brought under this section. Salem Grain Co. v. Consolidated Grain & Barge Co., 297 Neb. 682, 900 N.W.2d 909 (2017).
As related to a cause of action for any person injured in violation of section 59-1604, this section contemplates an action by indirect purchasers. Arthur v. Microsoft Corp., 267 Neb. 586, 676 N.W.2d 29 (2004).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.