Nebraska Statutes 45-1047. Licensee; actions; permitted; prohibited
(1) Sections 45-1043 to 45-1046 shall not prohibit the licensee from:
Terms Used In Nebraska Statutes 45-1047
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
(a) Contacting any person in order to discover property belonging to the borrower that may be seized to satisfy a debt that has been reduced to judgment;
(b) Making amicable demand and filing suit on the debt; or
(c) Contacting persons related to the borrower if permission is specifically given in writing at the time the debt arises or at any time after such debt arises.
(2) In connection with the collection of any loan, a licensee may not:
(a) Use or threaten to use violence;
(b) Use obscene or profane language;
(c) Cause a telephone to ring or engage a person in telephone conversation at times known to be inconvenient to the borrower;
(d) Falsely represent the character, amount, or legal status of any debt;
(e) Falsely represent that an individual is an attorney when he or she is not;
(f) Falsely represent that nonpayment of any debt will result in the arrest or imprisonment of the borrower or any member of the borrower’s household;
(g) Threaten to take any action that the licensee knows cannot legally be taken at the time the threat is made;
(h) Falsely represent that the borrower committed any crime when he or she did not;
(i) Communicate or threaten to communicate to any person credit information which is known to be false;
(j) Use or distribute any written communication which falsely represents that it is a document authorized, issued, or approved by any court, official, or agency of the United States or any state;
(k) Charge or collect any fees, charges, or expenses, incidental to the collection of any loan, unless such amount is expressly authorized by the loan agreement or permitted by law;
(l) Accept from any person a check or other payment instrument postdated by more than five days unless such person is notified in writing of the licensee’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit;
(m) Solicit any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution;
(n) Deposit or threaten to deposit any postdated check prior to the date on such check;
(o) Cause charges to be made to any person for communications by concealment of the true purpose of the communication, including, but not limited to, collect telephone calls and telegram fees;
(p) Communicate with a borrower regarding a debt by postcard; or
(q) Communicate with a borrower at the borrower’s place of employment if the licensee has received actual notice that the borrower’s employer prohibits the borrower from receiving such communication.