§ 59-1602 — Unfair competition; practices; unlawful

Nebraska § 59-1602

• Jurisdiction: Nebraska
• Ch. 59: Monopolies and Unlawful Restraint of Trade

Text

Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce shall be unlawful.

Legislative History

Source: Laws 1974, LB 1028, § 9. Annotations: Immunity under the Noerr-Pennington doctrine may be raised as an affirmative defense against claims for violations of this section and section 59-1603 brought under section 59-1609. Salem Grain Co. v. Consolidated Grain & Barge Co., 297 Neb. 682, 900 N.W.2d 909 (2017). It was a violation of the Consumer Protection Act when consumers were led to believe they would receive a free freezer or another appliance by entering into a contract for food. State ex rel. Stenberg v. Consumer's Choice Foods, 276 Neb. 481, 755 N.W.2d 583 (2008). To be actionable under the Nebraska Consumer Protection Act, the unfair or deceptive act or practice must have an impact upon the public interest. Nelson v. Lusterstone Surfacing Co., 258 Neb. 678, 605 N.W.2d 136 (2000). Attorney General may bring an action to recover a civil penalty for a violation of this section. State ex rel. Stenberg v. American Midlands, 244 Neb. 887, 509 N.W.2d 633 (1994).