Nebraska Statutes 86-222. Unsolicited consumer telephone call, defined
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Unsolicited consumer telephone call means a consumer telephone call other than a call made:
Terms Used In Nebraska Statutes 86-222
- Consumer: means an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes. See Nebraska Statutes 86-214
- Consumer telephone call: means a telephone call made by a seller for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes. See Nebraska Statutes 86-216
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Seller: means any person or organization who individually or through salespersons initiates unsolicited consumer telephone calls in order to (1) sell, lease, or rent consumer goods or services, (2) offer gifts or prizes with the intent to sell, lease, or rent consumer goods or services, or (3) represent to a consumer that the consumer has won or will receive a prize by telephonic means or by written notice sent through the mail in which the goods and services and all the material terms of the transaction are not fully described and which require that the consumer contact the seller by telephone to learn about or initiate the transaction. See Nebraska Statutes 86-219
(1) In response to an express request of the person called;
(2) Primarily in connection with an existing debt or contract, for which payment or performance has not been completed at the time of such a call;
(3) To any person with whom the seller has a clearly established business relationship; or
(4) By a magazine or newspaper publisher or such publisher’s agent or employee in connection with such publisher’s business.