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Unfair And Deceptive Practices

Neb. Rev. Stat. § 87-302 — misrepresenting goods, bait advertising, false price cuts, and unconscionable dealing

  • Representing that goods or services have characteristics, uses, benefits or quantities they do not have.
  • Representing goods as new when they are used, reconditioned or secondhand.
  • Advertising goods with intent not to sell them as advertised.
  • False or misleading statements about the reasons for or amounts of price reductions.
  • Sending a bill for goods or services that were never ordered.
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An unconscionable act or practice by a supplier in a consumer transaction is also a violation, and whether it is unconscionable is a question of law for the court.

A person likely to be damaged may ask the court for an injunction, without proving monetary loss or intent to deceive. Fees may go to the prevailing party where the practice was willful and known to be deceptive.

The Consumer Protection Act. Unfair or deceptive acts in trade or commerce are unlawful. A person injured in their business or property may sue for actual damages, costs and a reasonable attorney's fee, and the court may add up to one thousand dollars.

A damages claim under the Consumer Protection Act is barred unless brought within four years after it accrues. A deceptive trade practices action is brought within four years from the date of purchase.

The Attorney General enforces both acts as well. A particular transaction is a question for a licensed Nebraska attorney.

Sources for this section (7)
  1. Neb. Rev. Stat. § 59-1602 — Unfair competition; practices; unlawful
  2. Neb. Rev. Stat. § 59-1609 — Consumer Protection Act; civil action for damages
  3. Neb. Rev. Stat. § 59-1612 — Consumer Protection Act; limitation of action
  4. Neb. Rev. Stat. § 87-302 — Deceptive trade practices; enumerated
  5. Neb. Rev. Stat. § 87-303 — Deceptive trade practices; remedies
  6. Neb. Rev. Stat. § 87-303.01 — Unconscionable act or practice
  7. Neb. Rev. Stat. § 87-303.10 — Deceptive trade practices; statute of limitations

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.

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