Nebraska: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes - any person injured in business or property may bring a civil action

59-1609

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

Actual damages

Recovery for the loss a person actually suffered.

Recover the actual damages sustained

59-1609

to recover the actual damages sustained by him or her, or both, together with the costs of the suit

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Court may in its discretion increase the award of damages to an amount bearing a reasonable relation to actual damages; increased award for violation of section 59-1602 shall not exceed one thousand dollars

59-1609

increase the award of damages to an amount which bears a reasonable relation to the actual damages which have been sustained

Attorney fees

Rules for recovering the cost of legal representation.

Costs of the suit including a reasonable attorney's fee to the injured person; prevailing party may recover costs including reasonable attorney's fee in AG action

59-1609

together with the costs of the suit, including a reasonable attorney's fee

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

Not found in the statute text reviewed

Injunctive relief

Court orders requiring conduct to stop or change.

May bring a civil action to enjoin further violations; AG may bring action to restrain and prevent prohibited acts

59-1609

may bring a civil action in the district court to enjoin further violations

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not more than $500,000 for violations of 59-1603 or 59-1604 or injunction terms; not more than $2,000 per violation of 59-1602

59-1614

shall forfeit and pay a civil penalty of not more than five hundred thousand dollars