Terms Used In Nebraska Statutes > Automatic Dialing-Announcing Devices Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Automatic dialing-announcing device: means a device which selects and dials telephone numbers and automatically plays a recorded message. See Nebraska Statutes 86-238
• Commission: means the Public Service Commission. See Nebraska Statutes 86-239
• Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Emergency purposes: means any situation affecting the health and safety of a consumer. See Nebraska Statutes 86-240
• Established business relationship: means a prior or existing relationship formed by a voluntary two-way communication between a person and a residential or business telephone subscriber, with or without an exchange of consideration, on the basis of an inquiry, application, purchase, or transaction by the subscriber regarding products or services offered by the person, which relationship has not been previously terminated by either party. See Nebraska Statutes 86-241
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. 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
• 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
• Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. 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
• Telephone solicitation: means a telephone call or message using an automatic dialing-announcing device for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which call or message is transmitted to any person. See Nebraska Statutes 86-242
• Telephone solicitation does not: include a call or message (a) made to any person with the person's prior express invitation or permission, (b) made to any person with whom the caller has an established business relationship, (c) made by a tax-exempt nonprofit organization, (d) not made for commercial purposes, (e) made for a commercial purpose but which does not include the transmission of an unsolicited advertisement, or (f) placed by a live operator and a prerecorded message is not utilized. See Nebraska Statutes 86-242
• Unsolicited advertisement: means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission. See Nebraska Statutes 86-243