Nebraska

• Pages: 377-389

377

CHAPTER 29

NEBRASKA

A. Scope of the Statute and Elements of a Cause of Action

Nebraska has enacted a Consumer Protection Act (CPA)1 as well as a

Uniform Deceptive Trade Practices Act (DTPA).2 The CPA prohibits

“[u]nfair methods of competition and unfair or deceptive acts or practices

in the conduct of any trade or commerce.”3 The DTPA enumerates

particular trade practices that violate the statute4 and further prohibits

“unconscionable act[s] or practice[s] by a supplier in connection with a

consumer transaction.”5

1. Consumer Protection Act

The CPA does not define which “[u]nfair methods of competition and

unfair or deceptive acts or practices”6 it prohibits. It does, however, define

“trade and commerce” as “the sale of as sets or service s and any commerce

directly or indirectly affecting the people of the State of Nebraska.”7 The

Nebraska Supreme Court has held that the highlighted phrase “limit[s] the

disputes that fall within the ambit of [the CPA] to [those] that affect the

public interest.”8 A federal district court (in Illinois) has determined that

alleged unfair competitive conduct involving troubled business

transactions between only a few parties does not affect Nebraska

consumers sufficiently to affect the “public interest” under the CPA.9

Further, the United States District Court for the District of Nebraska has

1. NEB. REV. STAT. §§ 59-1601 to 59-1623.

2. Id. §§ 87-301 to 87-306.

3. Id. § 59-1602.

4. Id. § 87-302.

5. Id. § 87-303.01.

6. Id. § 59-1602.

7. Id. § 59-1601(2) (emphasis added). The statute further defines “assets” as

“any property, tangible or intangible, real, personal, or mixed, and

wherever situated, and any other thing of value.” Id. § 59-1601(3).

8. Nelson v. Lusterstone Surfacing Co., 605 N.W.2d 136, 141 (Neb.

2000) (emphasis added) (holding that the statute does not apply to the

private sale of an automobile).

9. Free Green Can, LLC v. Green Recycling Enters., 2011 WL 2470463, at

*7 (N.D. Ill. 2011).