Nebraska Revised Statutes

Neb. Rev. Stat. § 59-1608 (2026)

Attorney General; restrain prohibited acts; costs; restoration of property

✓ current as of July 2026
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(1) The Attorney General may bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited by the Consumer Protection Act. The prevailing party may, in the discretion of the court, recover the costs of such action including a reasonable attorney's fee.

(2) The court may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any act prohibited in the Consumer Protection Act.

Notes of Decisions
Cited in 10 cases, 1983–2019 · leading case: State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606 (Neb. 2019).
State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606 (Neb. 2019). · cites it 5× “Shortly thereafter, CCP filed a "Motion for Statutory Attorneys Fees," in which it claimed a right to attorney fees under §§ 59-1608 and 87-303. Before CCP's attorney fees motion was heard and ruled upon, however, the State moved for reconsideration of the summary judgment order.”
State Ex Rel. Douglas v. Schroeder, 384 N.W.2d 626 (Neb. 1986). · cites it 4× “§ 59-1608. The act further provides that, with certain exceptions not involved in this case, one who engages in unlawful conduct shall pay a civil penalty of not more than $2,000 for each violation.”
State Ex Rel. Stenberg v. Consum.'s Choice Foods, Inc., 755 N.W.2d 583 (Neb. 2008). · cites it 2× “§ 59-1608(1). The court may make additional orders to restore money or property acquired by any act prohibited in the CPA.”
State Ex Rel. Cherry v. Burns, 602 N.W.2d 477 (Neb. 1999). · cites it 2× “In Schroeder, an action was brought by the Attorney General pursuant to Neb. Rev. Stat. § 59-1608 (Reissue 1984) of the Consumer Protection Act.”
Boamah-Wiafe v. Rashleigh, 614 N.W.2d 778 (Neb. Ct. App. 2000). · cites it 2× “2d 626 (1986), the trial court awarded the Attorney General a $3,000 fee under Neb. Rev. Stat. § 59-1608 (Reissue 1984).”
State Ex Rel. Douglas v. Associated Grocers of Nebraska Coop., Inc., 332 N.W.2d 690 (Neb. 1983). · cites it 2× “The court later awarded attorney fees and expenses to the defendants as prevailing parties pursuant to Neb. Rev. Stat. § 59-1608 (Reissue 1978).”
Sevela v. Kozeny & McCubbin, L.C. (D. Neb. 2019). · cites it 11× “Sevela argues that Neb. Rev. Stat. § 59-1608 (2) of the NCPA provides that “[t]he court may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property .”
State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606 (Neb. 2019). · cites it 5× “Shortly thereafter, CCP filed a “Motion for Statutory Attorneys Fees,” in which it claimed a right to attorney fees under §§ 59-1608 and 87-303. Before CCP’s attorney fees motion was heard and ruled upon, however, the State moved for reconsideration of the summary judgment order.”
State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606 (Neb. 2019). · cites it 5× “Shortly thereafter, CCP filed a “Motion for Statutory Attorneys Fees,” in which it claimed a right to attorney fees under §§ 59-1608 and 87-303. Before CCP’s attorney fees motion was heard and ruled upon, however, the State moved for reconsideration of the summary judgment order.”
State Ex Rel. Stenberg v. Am. Midlands, Inc., 509 N.W.2d 633 (Neb. 1994). “” In addition, § 59-1608 provides that “[t]he Attorney General may bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited by sections 59-1601 to 59-1622____” In light of §§ 59-1602 and 59-1608, the Bazemores agree that…”
— Neb. Rev. Stat. § 59-1608(1) — 4 cases
State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606 (Neb. 2019). “Shortly thereafter, CCP filed a "Motion for Statutory Attorneys Fees," in which it claimed a right to attorney fees under §§ 59-1608 and 87-303. Before CCP's attorney fees motion was heard and ruled upon, however, the State moved for reconsideration of the summary judgment order.”
State Ex Rel. Stenberg v. Consum.'s Choice Foods, Inc., 755 N.W.2d 583 (Neb. 2008). “§ 59-1608(1). The court may make additional orders to restore money or property acquired by any act prohibited in the CPA.”
State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606 (Neb. 2019). “Shortly thereafter, CCP filed a “Motion for Statutory Attorneys Fees,” in which it claimed a right to attorney fees under §§ 59-1608 and 87-303. Before CCP’s attorney fees motion was heard and ruled upon, however, the State moved for reconsideration of the summary judgment order.”
State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606 (Neb. 2019). “Shortly thereafter, CCP filed a “Motion for Statutory Attorneys Fees,” in which it claimed a right to attorney fees under §§ 59-1608 and 87-303. Before CCP’s attorney fees motion was heard and ruled upon, however, the State moved for reconsideration of the summary judgment order.”
— Neb. Rev. Stat. § 59-1608(2) — 3 cases
State Ex Rel. Douglas v. Schroeder, 384 N.W.2d 626 (Neb. 1986). “§ 59-1608. The act further provides that, with certain exceptions not involved in this case, one who engages in unlawful conduct shall pay a civil penalty of not more than $2,000 for each violation.”
State Ex Rel. Stenberg v. Consum.'s Choice Foods, Inc., 755 N.W.2d 583 (Neb. 2008). “§ 59-1608(1). The court may make additional orders to restore money or property acquired by any act prohibited in the CPA.”
Sevela v. Kozeny & McCubbin, L.C. (D. Neb. 2019). “Sevela argues that Neb. Rev. Stat. § 59-1608 (2) of the NCPA provides that “[t]he court may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property .”
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