Change provisions relating to the Uniform Deceptive Trade Practices Act
Summary
LB385 amends Nebraska’s Uniform Deceptive Trade Practices Act to expand and modernize the list of practices that can be treated as deceptive trade practices. The bill restates and broadens prohibitions involving misleading representations about goods or services, sponsorship or affiliation, geographic origin, quality or grade, false advertising, bait-and-switch style conduct, pyramid promotional schemes, referral sales plans, deceptive privacy-policy statements, fraudulent schemes, unsolicited checks and invoices, and violations of the Nebraska Foreclosure Protection Act.
The bill also adds or clarifies several newer subject areas. It addresses deceptive practices involving file-sharing software installed on computers without proper notice and consent, charitable solicitation fraud, and the manufacture, distribution, or promotion of certain harmful or nonconsensual sexual material, including material involving minors or trafficking victims. It further defines terms such as “promote,” “publish,” and “without consent,” and specifies that each individually packaged product involved in a violation may count as a separate offense. The bill repeals the original section it replaces.
Impact
LB385 updates the state’s deceptive trade practices law by expanding the conduct that may be challenged under the Uniform Deceptive Trade Practices Act and by adding definitions and enforcement details. It affects businesses, advertisers, online publishers, charitable solicitors, sellers of consumer goods, and persons involved in the distribution of certain digital or sexual content. The bill also clarifies that a complainant need not prove direct competition and preserves other common-law or statutory remedies.
Sentiment
The bill appears to have had strong and largely unanimous support. It advanced from the Legislature 36-0 and then passed final reading 47-0-2 before being approved by the Governor. No committee transcript objections are available, and the voting record suggests broad agreement that the law needed updating and clarification.
Contention
There is little evidence of major controversy in the available record. The most notable substantive issues are the bill’s expansion into online and digital conduct, including file-sharing software and the publication or monetization of explicit or harmful material, as well as the broadening of liability for deceptive practices involving charitable solicitations and consumer transactions. Because the bill passed overwhelmingly and no committee debate is provided, any disagreement appears to have been minimal or resolved before final passage.