Nebraska requires a permit from the Public Service Commission before anyone uses a device that, in the statute’s words, “selects and dials telephone numbers and automatically plays a recorded message” for sales calls. The fee is $500 per device, and non-sales recorded messages must be registered. The Automatic Dialing-Announcing Devices Act is enforced by the commission, and a separate telemarketing act gives consumers actual damages and fees for losses. Most callers never file anything there, so a business facing a Nebraska complaint should check its exemptions first.
What does Nebraska’s robocall law cover?
Calls placed by equipment that dials numbers and plays a recorded message, whether or not the equipment fits the federal autodialer definition.
Neb. Rev. Stat. § 86-238 defines an automatic dialing-announcing device as “a device which selects and dials telephone numbers and automatically plays a recorded message.” The definition doesn’t depend on random or sequential number generation, so the narrow federal autodialer test from Facebook, Inc. v. Duguid (2021) doesn’t end a Nebraska analysis. A platform that dials a stored list and plays a recording fits.
The sales rules reach only a “Telephone solicitation,” which § 86-242 defines as a call using the device “for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.” It excludes calls made with “prior express invitation or permission,” calls to people with an established business relationship, tax-exempt nonprofit calls, noncommercial calls, and calls “placed by a live operator and a prerecorded message is not utilized.”
Who needs a permit, and who needs to register?
Sales callers using the device need a permit. Other users must register the device for free.
Under § 86-250(1), a person “shall not connect or operate an automatic dialing-announcing device for the purpose of making telephone solicitations on any telephone line unless the person has a current permit from the commission for the device.” The application describes the device, the calling times, expected call volume, and average call length, with the application carrying “a fee of five hundred dollars for each device.”
Non-sales recorded messages fall under § 86-256, which requires registration “without a fee” along with “a detailed explanation of the use planned and the message to be used.” Those messages must identify the sender, give a callback number or address, and go out only between 8 a.m. and 9 p.m. Messages from schools to students and families, and messages to people with an established business or personal relationship, are exempt.
The permit rule is easy to miss. Cloud dialing platforms don’t sit in Nebraska, and many businesses don’t think of them as a device. The statute’s wording doesn’t make that distinction, and the commission enforces it.
What calling rules apply?
Robocall sales calls can’t go to cell phones or emergency lines, and residential calls carry hours and do-not-call requirements.
Section 86-244 bars robocall telephone solicitations to emergency lines, hospital and nursing home rooms, and “any telephone number assigned to a paging service, a cellular telephone service.” Under § 86-248, residential robocall solicitations may run only between 8 a.m. and 9 p.m. at the called person’s location. The caller also needs a written do-not-call policy, trained personnel, and a list that records each request.
Section 86-247 requires each message to identify the caller at the start and give a phone number or address. Section 86-251 bars sequential dialing, and § 86-249 requires the device to release the line within five seconds after a hang-up.
What does a violation cost?
Administrative fines and possible device seizure under the robocall act, and actual damages under the telemarketing act.
The commission may impose administrative fines under § 86-257, issue ex parte cease and desist orders, and revoke permits. Under § 86-254, it may seize a nonconforming device used for calls to emergency lines or hospital rooms, and return it if the owner didn’t act willfully.
The separate Telemarketing and Prize Promotions Act covers live sales calls and prize promotions. Section 86-233 provides that a consumer “that suffers a loss or harm as a result of a violation” may recover “actual damages, attorney’s fees, court costs, and any other remedies provided by law.” Section 86-235 adds Attorney General penalties up to $2,000 per violation. Most Nebraska recipients seeking statutory damages sue under the federal TCPA, where damages are $500 per violation, up to $1,500 if willful or knowing.
| Nebraska rule | Section | Exposure | Defense to develop |
|---|---|---|---|
| Permit for robocall sales calls | 86-250 | Administrative fine; cease and desist | Live operator; consent; relationship |
| Registration for other robocalls | 86-256 | Administrative fine | School or relationship exemption |
| Robocall solicitations to cell phones | 86-244(3) | Same | Prior express invitation or permission |
| Residential hours and do-not-call list | 86-248 | Same | Time settings; written policy |
| Telemarketing and prize-promotion rules | 86-224 to 86-229 | Actual damages and fees; AG penalty up to $2,000 | No loss or harm; burden-of-proof records |
Steps to take when a Nebraska claim arrives
- Put a litigation hold on dialer logs, recorded message files, and consent records for the Nebraska numbers.
- Pull the internal do-not-call list and stop requests, with dates.
- Pull Registry scrub records and version dates for each campaign.
- Gather any commission permit or registration, vendor contracts, scripts, and payment-authorization records.
- Have a lawyer review the claim before responding, contacting the consumer, or offering a refund.
Expect to prove any exemption. Under § 86-231, “the burden of proving an exemption from the act or an exemption from a definition in the act is upon the person claiming it” in a civil case under the telemarketing act. More on defending robocall claims is available, and a recent post covers how the TCPA interacts with state telemarketing laws.
Questions about Nebraska robocall and telemarketing law
Does Nebraska’s permit rule apply to out-of-state callers?
The statute applies to any person who operates a device for telephone solicitations “on any telephone line,” and the commission enforces it against calls reaching Nebraska. An out-of-state business running a prerecorded campaign into Nebraska should assume the permit rule applies.
Are live-agent sales calls covered by the robocall act?
No. A call “placed by a live operator and a prerecorded message is not utilized” isn’t a telephone solicitation under the robocall act. Live calls are still subject to the Telemarketing and Prize Promotions Act and federal Do Not Call rules.
What does Nebraska require for payment by check or bank draft?
Under § 86-224, a seller may not submit a consumer’s check or draft without “express verifiable authorization,” shown by written authorization, a recorded oral authorization with specified details, or a written confirmation sent before submission. Recorded authorizations are the easiest to prove.
Can a Nebraska consumer cancel a telephone sale?
Yes. Section 86-225 lets the consumer cancel until midnight of the fifth business day after receiving written notice of the cancellation right. A seller that offers at least a seven-day review period with refunds for returned merchandise is exempt from that rule.
Defending Nebraska robocall and telemarketing claims
If your company has received a Nebraska complaint, a commission inquiry, or a lawsuit over prerecorded calls, the consent records and the permit file usually set the scope of the case. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving prerecorded sales calls. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
Neb. Rev. Stat. § 86-224, § 86-225, § 86-231, § 86-233, § 86-238, § 86-242, § 86-244, § 86-248, § 86-250, § 86-256, § 86-257; 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of May 31, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.