Nebraska has adopted the Uniform Deceptive Trade Practices Act (“Act”). The Act is provided in Nebraska Revised Statutes, Chapter 87 under Article 3, Section 87-301 et seq.
Section 87-302 classifies false and fraudulent advertising as deceptive trade practices. Such advertisements are prohibited. Pursuant to Section 87-303, any person likely to be damaged by a deceptive trade practice of another can bring an action in the court for an injunction. Costs and reasonable attorney fees may also be awarded to the prevailing party in such actions, upon the discretion of the court.
By the authority of Section 87-303.05, an Attorney General may also commence an action against any person who has engaged in or is engaging in any deceptive trade practice. In such actions, the Court may grant a temporary restraining order, or injunction, or both, thereby prohibiting that person from continuing such practices.
According to Section 87-303.08, any person who violates the Act will be guilty of a Class II misdemeanor. Section 87-303.08 prescribes that persons willfully violating the terms of an injunction or declaratory judgment of the court under the Act shall be guilty of a Class IV felony. Under Section 87-303.11, persons who are engaged in or using deceptive practices listed in the Act or violating the terms of an injunction will be subject to a civil penalty not exceeding $2000 for each violation.
Pursuant to Chapter 60 (Motor Vehicle) Section 60-190 of the Nebraska Revised Statutes, it is unlawful for any person to knowingly tamper with, adjust, alter, change, disconnect or fail to connect odometer of a motor vehicle with the intent to reflect a reduced mileage. Such acts shall be guilty of a Class IV felony and shall become grounds for suspension or revocation of a motor vehicle dealer’s license.
R.R.S. Neb. § 87-302
Deceptive trade practices; enumerated.
(a) A person engages in a deceptive trade practice when, in the course of his or her business, vocation, or occupation, he or she:
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(9) Advertises goods or services with intent not to sell them as advertised or advertises the price in any manner calculated or tending to mislead or in any way deceive a person;
(10) Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
R.R.S. Neb. § 87-303
Deceptive trade practices; damages; injunction; costs; additional remedy
(a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.
(b) Costs shall be allowed to the prevailing party unless the court otherwise directs. The court in its discretion may award attorneys’ fees to the prevailing party if (1) the party complaining of a deceptive trade practice has brought an action which he knew to be groundless or (2) the party charged with a deceptive trade practice has willfully engaged in the trade practice knowing it to be deceptive.
(c) The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state.
R.R.S. Neb. § 87-303.05
Attorney General; temporary restraining order; civil action; written assurance of voluntary compliance; deceptive practice; burden of proof.
(1) Whenever the Attorney General has cause to believe that a person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01, the Attorney General may apply for and obtain, in an action in any district court of this state, a temporary restraining order, or injunction, or both, pursuant to the rules of civil procedure, prohibiting such person from continuing such practices, or engaging therein, or doing any act in furtherance thereof. The court may make such orders or judgments as may be necessary to prevent the use or employment by such person of any such deceptive trade practice, or which may be necessary to restore to any other person any money or real or personal property which may have been acquired by means of any such practice.
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R.R.S. Neb. § 87-303.08
Violations; penalty
Any person who violates the Uniform Deceptive Trade Practices Act shall be guilty of a Class II misdemeanor except as otherwise provided in the act.
R.R.S. Neb. § 87-303.09
Injunction, declaratory judgment, written assurance; violation; penalty
Any person who willfully violates the terms of an injunction or declaratory judgment of the court or the terms of a written assurance of voluntary compliance entered into pursuant to the Uniform Deceptive Trade Practices Act shall be guilty of a Class IV felony.
R.R.S. Neb. § 87-303.11
Violations; civil penalty; recovery; procedure
Any person who violates section 87-302 or 87-303.01 or who willfully violates the terms of an injunction or declaratory judgment of a district court or the terms of a written assurance of voluntary compliance entered into pursuant to the Uniform Deceptive Trade Practices Act shall be subject to a civil penalty of not more than two thousand dollars for each violation.
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R.R.S. Neb. § 60-190
Odometers; unlawful acts; exceptions
It shall be unlawful for any person to:
(1) Knowingly tamper with, adjust, alter, change, disconnect, or fail to connect an odometer of a motor vehicle, or cause any of the foregoing to occur, to reflect a mileage different than has actually been driven by such motor vehicle except as provided in section 60-191;
R.R.S. Neb. § 60-196
Odometers; retention of statement; violation; penalty
Any transferor who does not retain a true copy of the odometer statement for a period of five years from the date of the transaction as required by section 60-192 shall be guilty of a Class V misdemeanor. Any person who violates any other provision of sections 60-190 to 60-196 shall be guilty of a Class IV felony.
