(1) Except as provided in subsection (2) of this section, the Consumer Protection Act shall not apply to actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the Director of Insurance, the Public Service Commission, the Federal Energy Regulatory Commission, or any other regulatory body or officer acting under statutory authority of this state or the United States. The Consumer Protection Act and federal antitrust laws shall not extend to or apply to (a) any actions or transactions on the part of any municipality or group of municipalities while engaged in regulating natural gas rates pursuant to the State Natural Gas Regulation Act or section 16-679 or 17-528.02 or as otherwise permitted by law or (b) any actions or transactions on the part of any public power and irrigation district, public power district, electric membership association, or joint authority created pursuant to the Joint Public Power Authority Act or of any agency created pursuant to the Municipal Cooperative Financing Act, cooperative, or municipality engaged in furnishing electrical service to customers at retail or wholesale if such actions or transactions are otherwise permitted by law.
(2) Actions and transactions prohibited or regulated under the laws administered by the Director of Insurance shall be subject to section 59-1602 and all statutes which provide for the implementation and enforcement of section 59-1602. Actions and transactions prohibited or regulated under the laws administered by the Board of Funeral Directing and Embalming or administered by the Department of Agriculture and actions and transactions relating to loan brokers which are prohibited or regulated pursuant to sections 45-189 to 45-191.11 and administered by the Department of Banking and Finance shall be subject to the Consumer Protection Act.
No penalty or remedy shall result from a violation of the Consumer Protection Act except as expressly provided in such act.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1980–2024 · leading case:
Little v. Gillette, 354 N.W.2d 147 (Neb. 1984).
Little v. Gillette, 354 N.W.2d 147 (Neb. 1984).
· cites it 6× “Appellants, having orally suggested the possibility that § 59-1617 exempted them from liability under the Consumer Protection Act, then filed their motions for leave to amend their general denials and plead the effect of § 59-1617.”
In re Dicamba Herbicides Litig., 359 F. Supp. 3d 711 (E.D. Mo. 2019).
· cites it 2× “815 ILCS 505/10b(1) ; Neb. Rev. Stat. Ann. § 59-1617 . The ICFA safe harbor provision states Nothing in this Act shall apply to any of the following: (1) Actions or transactions specifically authorized by laws administered by any regulatory body or officer acting under statutory…”
McCaul v. Am. Sav. Co., 331 N.W.2d 795 (Neb. 1983).
· cites it 3× “Section 59-1617 provides in part: ‘‘Nothing in sections 59-1601 to 59-1622 shall apply to actions or transactions otherwise permitted, prohibited or regulated under laws administered by the Director of Insurance, the Public Service Commission, the federal power commission or any…”
In re Conagra Foods Inc., 908 F. Supp. 2d 1090 (C.D. Cal. 2012).
· cites it 2× “ConAgra asserts the act does not apply to regulated industries, citing a provision of the statute, which states that “the Consumer Protection Act shall not apply to actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the Director of…”
Hage v. Gen. Serv. Bureau, 306 F. Supp. 2d 883 (D. Neb. 2003).
· cites it 2× “Neb.Rev. Stat. § 59-1617(1) (“the Consumer Protection Act shall not apply to actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the Director of insurance, the Public Service Commission, the Federal Energy Regulatory Commission, or…”
In re Syngenta AG MIR 162 Corn Litig., 131 F. Supp. 3d 1177 (D. Kan. 2015).
“” See Neb.Rev. Stat. § 59-1617(1). “[P]articular conduct is not immunized from the operation of the Consumer Protection Act merely because the actor comes within the jurisdiction of some regulatory body, the immunity arises if the conduct itself is also regulated.”
Wrede v. Exch. Bank of Gibbon, 531 N.W.2d 523 (Neb. 1995).
“At the time of the transaction in question, the act exempted from its ambit “actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the Director of Insurance, the Public Service Commission, the Federal Energy Regulatory Commission, or…”
Kuntzelman v. Avco Fin. Servs. of Nebraska, Inc., 291 N.W.2d 705 (Neb. 1980).
· cites it 5× “I agree with the majority that Neb. Rev. Stat. § 59-1617 (Reissue 1978) does not exempt an “action or transaction” from the Consumer Protection Act, Neb.”
Hydroflo Corp. v. First Nat. Bank of Omaha, 349 N.W.2d 615 (Neb. 1984).
“” Hydroflo contends in its fourth cause of action that the bank’s committing a conversion and acting in a commercially unreasonable manner constituted unfair or deceptive acts or practices in violation of the Nebraska Consumer Protection Act, Neb.”
Kuntzelman v. Avco Fin. Servs., Etc., 291 N.W.2d 705 (Neb. 1980).
· cites it 5× “I agree with the majority that Neb.Rev. Stat. § 59-1617 (Reissue 1978) does not exempt an "action or transaction" from the Consumer Protection Act, Neb.”
Ordosgoitti v. Werner Enter., Inc. (D. Neb. 2021).
· cites it 4× “” Neb. Rev. Stat. § 59-1617 (1). Ordosgoitti claims Werner violated the CPA by misrepresenting information while trying to recruit potential drivers to enter into the leasing agreement and operating agreement.”
Kurt Mirandette v. Nelnet Inc. (6th Cir. 2018).
· cites it 3× “” Neb. Rev. Stat. Ann. § 59-1617 (1).2 The parties agree that the Department of Education (DOE) and Consumer Financial Protection Bureau (CFPB) have regulatory oversight of loan servicers.”
— Neb. Rev. Stat. § 59-1617(1) — 5 cases
In re Conagra Foods Inc., 908 F. Supp. 2d 1090 (C.D. Cal. 2012).
“ConAgra asserts the act does not apply to regulated industries, citing a provision of the statute, which states that “the Consumer Protection Act shall not apply to actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the Director of…”
Hage v. Gen. Serv. Bureau, 306 F. Supp. 2d 883 (D. Neb. 2003).
“Neb.Rev. Stat. § 59-1617(1) (“the Consumer Protection Act shall not apply to actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the Director of insurance, the Public Service Commission, the Federal Energy Regulatory Commission, or…”
In re Syngenta AG MIR 162 Corn Litig., 131 F. Supp. 3d 1177 (D. Kan. 2015).
“” See Neb.Rev. Stat. § 59-1617(1). “[P]articular conduct is not immunized from the operation of the Consumer Protection Act merely because the actor comes within the jurisdiction of some regulatory body, the immunity arises if the conduct itself is also regulated.”
Wrede v. Exch. Bank of Gibbon, 531 N.W.2d 523 (Neb. 1995).
“At the time of the transaction in question, the act exempted from its ambit “actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the Director of Insurance, the Public Service Commission, the Federal Energy Regulatory Commission, or…”
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