In Nebraska, there are two governing mini-FTC acts:

 

The first is the Consumer Protection Act (Neb. Rev. Stat. §§59-1601 to 59-1623).  Under this legislation, plaintiffs have a cause of action when a defendant commits unfair or deceptive acts that affect the public interest.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct through actual injury to business or property.  There is a statute of limitations for actions under the statute of four years after the cause of action accrues.

            A successful plaintiff is entitled to compensatory damages as a potential remedy for a violation.  Damages under the statute are capped at $1,000 over the amount of actual damages, and attorneys’ fees are recoverable where reasonable.  Class actions are permitted under the statute, with multiple instances of class action cases brought in the past.

 

The second is the Uniform Deceptive Trade Practices Act (Neb. Rev. Stat. §§87-301 to 87-306).  Under this legislation, plaintiffs have a cause of action when a defendant engages in one of fourteen enumerated acts or broadly deceptive practices.  To sustain an action, the plaintiff is not required to show actual harm in the form of monetary damage or loss of profits, only that the plaintiff is likely to be damaged by the defendant’s conduct.  There is a statute of limitations for actions under the statute of four years from the date of purchase of the goods or services.

A successful plaintiff is entitled to injunctive relief for a violation.  Damages under the statute are not capped, and attorneys’ fees are recoverable if the defendant willfully engaged in the deceptive practice.  Attorneys’ fees are also recoverable if the defendant prevails and the plaintiff knowingly brought a groundless complaint.  Class actions are permitted under the statute.