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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1003
Introduced by Meyer, G., 17.
Read first time January 13, 2026
Committee: Banking, Commerce and Insurance
A BILL FOR AN ACT relating to consumer protection; to amend section1
87-302, Revised Statutes Supplement, 2025; to adopt the Renewable2
Energy Consumer Protection Act; to provide a deceptive trade3
practice; to provide an operative date; and to repeal the original4
section. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Sections 1 to 16 of this act shall be known and may be1
cited as the Renewable Energy Consumer Protection Act.2
Sec. 2. The Legislature finds and declares that:3
(1) Renewable energy systems for residential and small business4
applications are complex and can be confusing to consumers;5
(2) Electric utility rates can change over time and can affect the6
payoff period of the initial investment for a renewable energy system;7
(3) Renewable energy systems for residential and small business8
applications are major purchases which warrant consumer protection and9
oversight; 10
(4) Standardized disclosures, contracting, sales materials,11
warranties, and enforcement requirements will better ensure that Nebraska12
consumers have the best information available before purchasing or13
investing in renewable energy systems; and 14
(5) Consumers in Nebraska should be given clear and accurate15
information regarding the nature of a contract to lease or purchase a16
renewable energy system as well as information about rebates, warranties,17
and incentive programs. 18
Sec. 3. For purposes of the Renewable Energy Consumer Protection19
Act: 20
(1)(a) Agreement means an agreement between a renewable energy sales21
company and a retail electric consumer in the form of:22
(i) A contract for the purchase of a renewable energy system or23
battery energy storage system; or 24
(ii) A lease for a third-party-owned renewable energy system or25
battery energy storage system. 26
(b) Agreement includes a cash or financed purchase of a renewable27
energy system or battery energy storage system; 28
(2) Battery energy storage system means a system or facility29
intended for residential or small business applications which:30
(a) Stores electricity for use at later time;31
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(b) Uses solar energy or wind energy to recharge;1
(c) Is located on the real property of a customer of an electric2
utility; 3
(d) Is connected on the customer's side of the electricity meter;4
and 5
(e) Provides electricity to offset customer load on the customer's6
real property; 7
(3) Contact information means a physical address, phone number, and8
email address. A post office box shall not be considered a physical9
address; 10
(4) Financing agreement means an agreement involving credit offered11
or extended to a consumer to acquire a renewable energy system or battery12
energy storage system; 13
(5) Installation company means: 14
(a) An entity, other than the consumer, that installs a renewable15
energy system or battery energy storage system on behalf of a consumer;16
or 17
(b) A third party from whom a consumer leases such a system;18
(6) Lease means a contract in the form of a bailment or lease for19
the use of a renewable energy system or battery energy storage system by20
a consumer for a period exceeding four months and for a total contractual21
obligation not exceeding the applicable threshold amount, pursuant to22
applicable federal regulations, whether or not the lessee has the option23
to purchase or otherwise become the owner of the system upon the24
expiration of the lease; 25
(7) Renewable energy sales company means an entity that engages:26
(a) In a transaction with a consumer to sell, negotiate, or execute27
a contract for the sale of a renewable energy system or battery energy28
storage system; or 29
(b) With a consumer to lease a renewable energy system or battery30
energy storage system that is owned by a third party from whom the31
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consumer will lease such system; 1
(8) Renewable energy system means a system or facility intended for2
residential or small business applications which uses solar or wind3
energy to generate electricity; and 4
(9) Salesperson means an employee or independent contractor of a5
renewable energy sales company who solicits, sells, negotiates, or6
executes agreements for renewable energy systems or battery energy7
storage systems. 8
Sec. 4. (1) At least thirty days before entering into an agreement9
with a consumer for a renewable energy system or battery energy storage10
system, a renewable energy sales company shall provide to the consumer a11
written disclosure form that is five pages or less in length and contains12
the following information, in a font no smaller than twelve points:13
(a) The name of the renewable energy sales company and contact14
information for the president or chief executive officer of the company;15
(b) The name of the installation company and contact information for16
the president or chief executive officer of the company;17
(c) The name of the system maintenance provider and contact18
information for the president or chief executive officer of the provider;19
(d) The payment schedule for up-front costs, including payments due20
at the signing date of the agreement and the commencement and completion21
dates of the installation; 22
(e) System design assumptions, including system size, estimated23
first-year production, estimated annual system production degradation,24
presence of energy storage, energy storage capacity, and a description of25
the equipment needed to provide backup power; 26
(f) An explanation of the maintenance, operation, and monitoring27
requirements of the renewable energy system or battery energy storage28
system, including an explanation of equipment and labor warranties and29
maintenance and repair costs for which the consumer shall be responsible;30
(g) Warranties for the repair of all components and parts of the31
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renewable energy system or battery energy storage system and warranties1
covering damages to all components and parts of such system, including a2
statement that solar panels installed on rooftops may only be authorized3
for removal by the renewable energy system sales company, that any4
unauthorized removal of a solar panel from a rooftop may void the5
warranty, and that any replacement or reinstallation of a solar panel on6
a rooftop shall require reinspection by a certified state or municipal7
electrical inspector; 8
(h) Costs and liability for the installation and removal of the9
renewable energy system or battery energy storage system;10
(i) A description of performance or production guarantees;11
(j) Any potential environmental hazards which may affect the quality12
of the air, water, land, crops, human beings, livestock, or wildlife on13
the land associated with the renewable energy system or battery energy14
storage system and within a range of one mile from the perimeter of the15
system; 16
(k) A description of the basis for any cost-savings estimates that17
were provided to the consumer. Such description shall include the18
applicable utility rates and energy delivery costs, any expected utility19
bill savings based upon the consumer's prior twelve months of utility20
bills, and the estimated system production at the time of contract21
signing; 22
(l) The potential availability of renewable energy credits,23
including an explanation of what renewable energy credits are and how to24
find out more about them; 25
(m) The operational capabilities of the renewable energy system or26
battery energy storage system during an electrical outage;27
(n) A statement indicating that the renewable energy sales company28
is not affiliated with a utility; and 29
(o) An explanation of any real property access rights required by30
the renewable energy sales company or the local utility.31
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(2) At least thirty days before entering into an agreement with a1
consumer for a renewable energy system or battery energy storage system,2
a renewable energy sales company shall provide a consumer with the3
following written statements on separate forms in a font no smaller than4
twelve points: 5
(a) Estimates of cost savings are based upon calculations from the6
previous twelve months of utility bills, or, if twelve months of utility7
bills are not available, a reasonable estimate of cost savings. The8
assumptions, such as the rates a utility charges for electricity, that9
are used to estimate the cost savings may change. There may be utility10
fees that cannot be offset with a renewable energy system or battery11
energy storage system, and, under certain circumstances, compensation for12
excess electricity sent back to the grid may be credited to your bill by13
the utility at rates below what you pay for electricity; and14
(b) The interconnection procedures for a renewable energy system or15
battery energy storage system are subject to the policies of the local16
utility. For information on the specific interconnection policies and17
procedures for a renewable energy system or battery energy storage18
system, the consumer should contact the local utility.19
(3) In the case of a lease for a renewable energy system or battery20
energy storage system in which the renewable energy sales company is the21
lessor, at least thirty days before entering into an agreement with a22
consumer, the company shall provide the consumer with the written23
disclosure form pursuant to subsection (1) of this section with the24
following additional information on five additional pages or less in a25
font no smaller than twelve points: 26
(a) The length of the lease; 27
(b) The amount of each monthly payment for the first year of the28
lease; 29
(c) The estimated total amount of lease payments over the length of30
the lease; 31
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(d) The rate of any payment increases and the date of the first1
increase, if applicable; 2
(e) The total number of lease payments; 3
(f) Payment due dates and the manner in which the consumer shall4
receive invoices; 5
(g) A disclosure notifying the consumer whether the lessor will be6
filing a Uniform Commercial Code fixture filing on the renewable energy7
system or battery energy storage system and the impact on any future sale8
of the real property; 9
(h) A disclosure describing the transferability of the lease and the10
conditions for lease transfers in connection with a consumer selling the11
real property; and 12
(i) An explanation of any real property access rights required by13
the lessor. 14
(4) In the case of a purchase of a residential renewable energy15
system or battery energy storage system, at least thirty days before16
entering an agreement with a consumer, a renewable energy sales company17
shall provide a consumer with the written disclosure form pursuant to18
subsection (1) of this section with the following additional information19
on three additional pages or less in a font no smaller than twelve20
points: 21
(a) The purchase price; 22
(b) Estimated start and completion dates for installation,23
accompanied by the following statement: Start and completion dates are24
only an estimate and may be impacted by delays that may be outside the25
control of the renewable energy installation company;26
(c) A disclosure notifying the consumer of the party or parties27
responsible for obtaining interconnection approval;28
(d) The following statement: Laws and regulations about state and29
federal tax credits are subject to change. Any statement made in these30
disclosures should not be construed as tax advice. The purchaser of a31
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renewable energy system or battery energy storage system is hereby1
encouraged to consult a tax expert regarding any reductions or potential2
reductions in tax liability associated with purchasing a renewable energy3
system or battery energy storage system; and 4
(e) A link to the local utility's webpage which contains information5
explaining the utility's interconnection procedures.6
Sec. 5. (1) A contract for the sale or lease of a renewable energy7
system or battery energy storage system shall: 8
(a) Include in conspicuous language, key contract terms such as9
price and financing terms; 10
(b) Be written in English; and 11
(c) Include a dispute resolution process where the resolution12
process includes a third-party arbitrator agreed upon by the customer and13
where any relevant arbitration hearings take place in person within the14
county where the renewable energy system or battery energy storage system15
was installed. Whenever a dispute, including any attempt to reclaim16
property or discontinue service, is initiated by the renewable energy17
system sales company or an agent of such company, notice of the dispute18
shall be sent to the customer or lessee by registered mail no fewer than19
sixty days prior to the start date of the resolution process and the20
notice shall include an explanation of the disputed contractual21
obligations or conditions, the reasons for the dispute, the date that the22
resolution process shall begin, any costs to be incurred by the customer,23
and an explanation of the customer's rights. 24
(2) An agreement for the sale of a renewable energy system or a25
battery energy storage system shall contain the following information:26
(a) The name of the renewable energy sales company and contact27
information for the president or chief executive officer of the company;28
(b) The name of the installation company and contact information for29
the president or chief executive officer of the company; and30
(c) The name of and contact information for the sales person31
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associated with the renewable energy sales company who sold, solicited,1
or negotiated the sale of the renewable energy system or battery energy2
storage system. 3
(3) A salesperson who sells, solicits, or negotiates a sales4
agreement shall disclose the following information to the consumer at5
least sixty days before a purchase agreement may be made:6
(a) The purchase price of the renewable energy system or battery7
energy storage system; 8
(b) The payment schedule, if applicable; 9
(c) A description of the project, including the system size10
expressed in kilowatts of direct current electricity and kilowatts of11
alternating current electricity and any solar module, inverter, or12
battery energy storage system to be installed; 13
(d) The estimated start and completion dates for installation14
accompanied by the following statement: The actual start and completion15
dates depend upon many factors, such as delays related to permitting and16
interconnection approvals. Interconnection approvals are controlled by17
the local utility; 18
(e) An explanation of any warranties or guarantees, including the19
transferability of any obligations, in compliance with the Magnuson-Moss20
Warranty-Federal Trade Commission Improvements Act, 15 U.S.C. 2301 et21
seq.; 22
(f) The name and contact information of the local utility; and23
(g) A statement indicating which party or parties are responsible24
for filing the interconnection application as well as applications for25
any other related permits. 26
(4) A salesperson who sells, solicits, or negotiates a lease27
agreement shall disclose the following information to the consumer at28
least sixty days before a lease agreement may be made:29
(a) The name and contact information of the lessor, the renewable30
energy system or battery energy storage system manufacturer, the31
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installation company, and the salesperson who negotiated the lease1
agreement; 2
(b) The method or methods of communication to be used by the3
salesperson to contact the consumer; 4
(c) The total payments required pursuant to the lease and the5
payment schedule, including the number, amount, and due dates or periods6
of payments; 7
(d) A description of the project, including the system size8
expressed in kilowatts of direct current electricity and kilowatts of9
alternating current electricity and any solar module, inverter, or10
battery energy storage system to be installed; 11
(e) The estimated start and completion dates for installation12
accompanied by the following statement: The actual start and completion13
dates depend upon many factors, such as delays related to permitting and14
interconnection approvals. Interconnection approvals are controlled by15
the local utility; 16
(f) An explanation of any warranties or guarantees, including the17
transferability of any obligations in compliance with the Magnuson-Moss18
Warranty-Federal Trade Commission Improvements Act, 15 U.S.C. 2301 et19
seq.; 20
(g) A description of the maintenance and repair responsibilities of21
each party; 22
(h) An explanation of whether the consumer has the right to purchase23
the leased renewable energy system or battery energy storage system,24
either during the lease term or at the termination of the lease, and, if25
applicable, the purchase price; 26
(i) A description of the consumer's options to transfer the lease to27
a third party and the conditions for such transfer;28
(j) Which party or parties are responsible for filing the29
interconnection application and permits as well as applications for any30
other related permits; 31
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(k) A description of any security interest filed against the system,1
including Uniform Commercial Code financing statements; and2
(l) Any real property access rights to be obtained by the lessor.3
(5) In the case of the sale of a renewable energy system or battery4
energy storage system, the sales agreement shall include:5
(a) A statement indicating that the consumer has five business days6
after receiving the initial signed agreement to cancel the agreement7
without a financial penalty, with the exception of any nonrefundable8
deposits collected before receipt of the signed sales agreement, in an9
amount not to exceed one hundred dollars; 10
(b) A statement indicating that the seller has verbally explained to11
the consumer the consumer's right to rescind the agreement without12
financial penalty upon the consumer signing the agreement and that the13
consumer has been verbally provided with the specific date that the sales14
agreement may be cancelled without financial penalty, with the exception15
of any nonrefundable deposits collected; 16
(c) The following statement in a bold font no smaller than twelve17
points adjacent to the signature line: The purchaser may cancel this18
transaction at any time prior to midnight in the time zone where the19
renewable energy system or battery energy storage system is to be20
installed on the fifth business day after the date of this transaction21
provided that the cancellation notice is sent to the president, chief22
executive officer, or salesperson of the renewable energy sales company23
or the president or chief executive officer of the installation company,24
and that the proof of the date or time of the cancellation notice may be25
verified by way of a receipt showing that the cancellation notice was26
sent by way of certified mail, registered mail, or by professional27
courier service, or by evidence that the cancellation notice was sent28
through email before time expired for the cancellation period;29
(d) A cancellation form written in the same format as in federal30
regulations regarding cooling-off periods for sales made for homes or31
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other locations; and 1
(e) A statement showing that compliance with federal regulations2
adopted under the Federal Trade Commission Act of 1914, 15 U.S.C. 41 et3
seq., regarding cooling-off periods for sales made at homes or at other4
locations constitutes compliance with this subsection (5).5
Sec. 6. If a renewable energy system or battery energy storage6
system is financed, the financing documents shall include the following:7
(1) The length, terms, and cost of the financing agreement in clear8
and conspicuous language; 9
(2) A statement that a salesperson may be employed by more than one10
renewable energy sales company; and 11
(3) A notification of any security interest filed against the12
system, including Uniform Commercial Code financing statements.13
Sec. 7. (1) An independent contractor may be retained by a14
renewable energy sales company as a salesperson. Notwithstanding the15
salesperson's status as an independent contractor, the renewable energy16
sales company that employs the independent contractor as a salesperson is17
responsible for ensuring compliance with the Renewable Energy Consumer18
Protection Act and for any loss or damages resulting from noncompliance19
by the independent contractor when acting on behalf of the renewable20
energy sales company. 21
(2) A salesperson may be employed by more than one renewable energy22
sales company. 23
(3) Unless otherwise authorized in a state law or local government24
ordinance or invited by consumer, a salesperson shall not visit a25
residence to conduct the sale of a renewable energy storage system or26
battery energy storage system except between the hours of 9 a.m. and 827
p.m. within the time zone of the consumer. 28
(4) A salesperson shall not visit a residence that has posted a no29
solicitation sign in a prominent location near the main entrance to the30
residence. 31
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Sec. 8. (1) For purposes of this section, written or digital sales1
material means an online sales banner, click-through banner, social media2
advertisement, pamphlet, booklet, and any other materials that could3
generate a sale or sale lead of a renewable energy system or a battery4
energy storage system, whether such material is delivered in person,5
through the United States Postal Service, through a private courier6
service, through email, or through other online means.7
(2) Renewable energy sales companies and salespersons for renewable8
energy sales companies are prohibited from: 9
(a) Providing written, video, photographic, or digital sales10
material for a renewable energy system or battery energy storage system11
which includes a name, logo, picture, or other indicia of an electric12
utility unless the renewable energy sales company or the salesperson has13
received expressed written consent to provide such material from the14
relevant utility; 15
(b) Purchasing sales leads from a renewable energy sales company16
which fails to comply with the requirements of this section;17
(c) Representing, verbally or in writing, that the renewable energy18
sales company is affiliated with, sponsored by, or approved by a19
consumer's local utility without the expressed written consent of the20
local utility; and 21
(d) Representing, verbally or in writing, that the renewable energy22
sales company is affiliated with, sponsored by, or approved by a state23
incentive program without the expressed written consent of the agency in24
charge of administrating such incentive program. 25
Sec. 9. (1) A renewable energy sales company, a salesperson26
representing a renewable energy sales company, and any other person27
designated to represent a renewable energy sales company for an agreement28
shall retain a copy of each signed agreement and any warranties for a29
period of at least ten years after the date of the transaction.30
(2) A consumer's personal information is confidential.31
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Sec. 10. (1) Within three days after entering into an agreement, a1
renewable energy sales company, a salesperson, or a designated2
representative of the renewable energy sales company shall conduct an in-3
person welcome call with the new consumer. 4
(2) The welcome call shall include the following information:5
(a) Confirmation of the identification of the consumer;6
(b) The price of the renewable energy system or battery energy7
storage system; 8
(c) A description of the project, including the system size9
expressed in kilowatts of direct current electricity and kilowatts of10
alternating current electricity, any battery energy storage system to be11
installed and the capacity of such system expressed in kilowatt-hours,12
and a statement that the renewable energy system will not provide backup13
power without being paired with a battery energy storage system;14
(d) In the case of a lease, the duration of the contract;15
(e) A statement indicating the consumer's right to cancel the16
agreement without financial penalty within five days after signing the17
contract; 18
(f) A reminder that the consumer should review the disclosure form19
and agreement before the end of the fifth day after signing the contract;20
and 21
(g) An explanation of the costs of the system being installed and22
any other applicable financing terms or details. 23
Sec. 11. (1) A renewable energy sales company shall provide the24
consumer with a warranty against roof damage and water infiltration25
whenever roof penetration is made for the installation of a renewable26
energy system or battery energy storage system and such warranty shall be27
for a period of at least five years after the completion date of the28
installation. 29
(2) A renewable energy sales company shall provide the consumer with30
a warranty addressing defects in the workmanship of a renewable energy31
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system or battery energy storage system and such warranty shall be for a1
period of at least five years after the completion date of the2
installation. 3
(3) If a renewable energy sales company provides the consumer with a4
long-term maintenance plan for a renewable energy system or a battery5
energy storage system, such plan shall be made available to the consumer6
in writing and verbally. If a renewable energy sales company does not7
provide such a plan, the renewable energy sales company shall provide the8
consumer with a written explanation as to why a long-term maintenance9
plan is not being offered or provided. 10
Sec. 12. A violation of the Renewable Energy Consumer Protection11
Act shall constitute a deceptive trade practice under the Uniform12
Deceptive Trade Practices Act and shall be subject to any remedies or13
penalties available for a violation of such act. 14
Sec. 13. An electric utility that serves more than five thousand15
meters that offers financial incentives for renewable energy systems or16
battery energy storage systems shall clearly and prominently provide the17
following information on the utility's website: 18
(1) Information on the number of financial incentives available for19
such systems, including information about the amount of budget that has20
already been spent to date and information about when the budget was last21
updated; 22
(2) Information about how a customer or contractor can apply for the23
financial incentives; and 24
(3) Information about the point in the process in which a customer25
may secure financial incentives from a utility program.26
Sec. 14. A renewable energy sales company or agent of such company27
shall not sell or lease a renewable energy system or battery energy28
storage system in this state without first registering their business29
with the Secretary of State. Any such company or agent shall disclose30
proof of registration with the Secretary of State to the customer before31
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entering into an agreement. Failure to disclose proof of registration1
before entering into an agreement shall render the agreement void.2
Sec. 15. (1) A person shall not install a renewable energy system3
or a battery energy storage system in this state unless such person is4
licensed as an electrical contractor in Nebraska. 5
(2) A renewable energy system or battery energy storage system shall6
not be installed without first acquiring a relevant permit from the7
municipality where the system is to be installed or from the State of8
Nebraska. 9
Sec. 16. The State Electric Board shall adopt and promulgate rules10
and regulations for the licensing and bonding of any person who installs11
renewable energy systems or battery energy storage systems in this state.12
Sec. 17. Section 87-302, Revised Statutes Supplement, 2025, is13
amended to read: 14
87-302 (a) A person engages in a deceptive trade practice when, in15
the course of his or her business, vocation, or occupation, he or she:16
(1) Passes off goods or services as those of another;17
(2) Causes likelihood of confusion or of misunderstanding as to the18
source, sponsorship, approval, or certification of goods or services;19
(3) Causes likelihood of confusion or of misunderstanding as to20
affiliation, connection, or association with, or certification by,21
another; 22
(4) Uses deceptive representations or designations of geographic23
origin in connection with goods or services; 24
(5) Represents that goods or services have sponsorship, approval,25
characteristics, ingredients, uses, benefits, or quantities that they do26
not have or that a person has a sponsorship, approval, status,27
affiliation, or connection that he or she does not have;28
(6) Represents that goods or services do not have sponsorship,29
approval, characteristics, ingredients, uses, benefits, or quantities30
that they have or that a person does not have a sponsorship, approval,31
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status, affiliation, or connection that he or she has;1
(7) Represents that goods are original or new if they are2
deteriorated, altered, reconditioned, reclaimed, used, or secondhand,3
except that sellers may repair damage to and make adjustments on or4
replace parts of otherwise new goods in an effort to place such goods in5
compliance with factory specifications; 6
(8) Represents that goods or services are of a particular standard,7
quality, or grade, or that goods are of a particular style or model, if8
they are of another; 9
(9) Disparages the goods, services, or business of another by false10
or misleading representation of fact; 11
(10) Advertises goods or services with intent not to sell them as12
advertised or advertises the price in any manner calculated or tending to13
mislead or in any way deceive a person; 14
(11) Advertises goods or services with intent not to supply15
reasonably expectable public demand, unless the advertisement discloses a16
limitation of quantity; 17
(12) Makes false or misleading statements of fact concerning the18
reasons for, existence of, or amounts of price reductions;19
(13) Uses or promotes the use of or establishes, operates, or20
participates in a pyramid promotional scheme in connection with the21
solicitation of such scheme to members of the public. This subdivision22
shall not be construed to prohibit a plan or operation, or to define a23
plan or operation as a pyramid promotional scheme, based on the fact that24
participants in the plan or operation give consideration in return for25
the right to receive compensation based upon purchases of goods,26
services, or intangible property by participants for personal use,27
consumption, or resale so long as the plan or operation does not promote28
or induce inventory loading and the plan or operation implements an29
appropriate inventory repurchase program; 30
(14) With respect to a sale or lease to a natural person of goods or31
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services purchased or leased primarily for personal, family, household,1
or agricultural purposes, uses or employs any referral or chain referral2
sales technique, plan, arrangement, or agreement; 3
(15) Knowingly makes a false or misleading statement in a privacy4
policy, published on the Internet or otherwise distributed or published,5
regarding the use of personal information submitted by members of the6
public; 7
(16) Uses any scheme or device to defraud by means of:8
(i) Obtaining money or property by knowingly false or fraudulent9
pretenses, representations, or promises; or 10
(ii) Selling, distributing, supplying, furnishing, or procuring any11
property for the purpose of furthering such scheme;12
(17) Offers an unsolicited check, through the mail or by other13
means, to promote goods or services if the cashing or depositing of the14
check obligates the endorser or payee identified on the check to pay for15
goods or services. This subdivision does not apply to an extension of16
credit or an offer to lend money; 17
(18) Mails or causes to be sent an unsolicited billing statement,18
invoice, or other document that appears to obligate the consumer to make19
a payment for services or merchandise he or she did not order;20
(19)(i) Installs, offers to install, or makes available for21
installation or download a covered file-sharing program on a computer not22
owned by such person without providing clear and conspicuous notice to23
the owner or authorized user of the computer that files on that computer24
will be made available to the public and without requiring intentional25
and affirmative activation of the file-sharing function of such covered26
file-sharing program by the owner or authorized user of the computer; or27
(ii) Prevents reasonable efforts to block the installation,28
execution, or disabling of a covered file-sharing program;29
(20) Violates any provision of the Nebraska Foreclosure Protection30
Act; 31
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(21) In connection with the solicitation of funds or other assets1
for any charitable purpose, or in connection with any solicitation which2
represents that funds or assets will be used for any charitable purpose,3
uses or employs any deception, fraud, false pretense, false promise,4
misrepresentation, unfair practice, or concealment, suppression, or5
omission of any material fact; 6
(22)(i) In the manufacture, production, importation, distribution,7
promotion, display for sale, offer for sale, attempt to sell, or sale of8
a substance: 9
(A) Makes a deceptive or misleading representation or designation,10
or omits material information, about a substance or fails to identify the11
contents of the package or the nature of the substance contained inside12
the package; or 13
(B) Causes confusion or misunderstanding as to the effects a14
substance causes when ingested, injected, inhaled, or otherwise15
introduced into the human body. 16
(ii) A person shall be deemed to have committed a violation of the17
Uniform Deceptive Trade Practices Act for each individually packaged18
product that is either manufactured, produced, imported, distributed,19
promoted, displayed for sale, offered for sale, attempted to sell, or20
sold in violation of this section. A violation under this subdivision (a)21
(22) shall be treated as a separate and distinct violation from any other22
offense arising out of acts alleged to have been committed while the23
person was in violation of this section; 24
(23)(i) Manufactures, produces, publishes, distributes, monetizes,25
promotes, or otherwise makes publicly available any visual depiction of26
sexually explicit conduct, any obscene material, or any material that is27
harmful to minors in which any person depicted as a participant or28
observer: 29
(A) Is under eighteen years of age; 30
(B) Is a trafficking victim; 31
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(C) Has not expressly and voluntarily consented to such person's1
depiction; or 2
(D) Participated in any act depicted without consent.3
(ii) This subdivision (a)(23) does not apply to any4
telecommunications or broadband Internet access service.5
(iii) For purposes of this subdivision (a)(23):6
(A) Harmful to minors has the same meaning as in 47 U.S.C. 254, as7
such section existed on January 1, 2024; 8
(B) Obscene material has the same meaning as in section 28-807;9
(C) Promote means to use any mechanism or publication, or take any10
action, that suggests, highlights, advertises, markets, curates,11
backlinks, hashtags, or otherwise directs, attempts to direct, or12
encourages traffic toward specific materials, including acts carried out13
affirmatively, through automation, algorithmically, and via other14
technical means both known and unknown at this time;15
(D) Publish means to communicate or make information available to16
another person via an Internet website, regardless of whether the person17
consuming, viewing, or receiving the material gives any consideration for18
the published material; 19
(E) Trafficking victim has the same meaning as in section 28-830;20
(F) Visual depiction of sexually explicit conduct has the same21
meaning as in section 28-1802; and 22
(G) Without consent has the same meaning as in section 28-318;23
(24) Offers or enters into a right-to-list home sale agreement as24
defined in section 81-885.01; or 25
(25) Violates section 81-2,282; or . 26
(26) Violates any provision of the Renewable Energy Consumer27
Protection Act. 28
(b) In order to prevail in an action under the Uniform Deceptive29
Trade Practices Act, a complainant need not prove competition between the30
parties. 31
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(c) This section does not affect unfair trade practices otherwise1
actionable at common law or under other statutes of this state.2
Sec. 18. This act becomes operative on January 1, 2027.3
Sec. 19. Original section 87-302, Revised Statutes Supplement,4
2025, is repealed. 5
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