Nebraska Revised Statutes

Neb. Rev. Stat. § 59-1701 (2026)

Legislative intent and findings; seller-assisted marketing plans

✓ current as of July 2026

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(1) The Legislature finds and declares that the widespread sale of seller-assisted marketing plans, often connected with the sale of vending machines, vending racks, or work-at-home paraphernalia, has created numerous problems in Nebraska for purchasers which are inimical to good business practice. Often purchasers of seller-assisted marketing plans are individuals inexperienced in business matters who use their life savings to purchase the seller-assisted marketing plan in the hope that they will earn enough money in addition to retirement income or salary to become or remain self-sufficient. Many purchasers are the elderly who are seeking a way to supplement their fixed incomes. The initial payment is usually in the form of a purchase of overpriced equipment or products. Nebraska purchasers have suffered substantial losses when they have failed to receive full and complete information regarding the seller-assisted marketing plan, the amount of money they can reasonably expect to earn, and the previous experience of the seller-assisted marketing plan seller. Seller-assisted marketing plan sellers have a significant impact upon the economy and well-being of this state and its local communities. The provisions of the Seller-Assisted Marketing Plan Act relating to seller-assisted marketing plans are necessary for the public welfare.

(2) It is the intent of the act to provide each prospective seller-assisted marketing plan purchaser with the information necessary to make an intelligent decision regarding seller-assisted marketing plans being offered, to safeguard the public against deceit and financial hardship, to insure, foster, and encourage competition and fair dealing in the sale of seller-assisted marketing plans by requiring adequate disclosure, to prohibit representations that tend to mislead, and to prohibit or restrict unfair contract terms. The act shall be construed liberally in order to achieve such purposes.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2007–2021 · leading case: Polk Cnty. Recreational Ass'n v. Susquehanna Patriot Com. Leasing Co., 734 N.W.2d 750 (Neb. 2007).

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Polk Cnty. Recreational Ass'n v. Susquehanna Patriot Com. Leasing Co., 734 N.W.2d 750 (Neb. 2007). · cites it 3× “As the basis for a declaration that the agreements were void, the golf courses asserted that the agreements violated various provisions of Nebraska law, including the Seller-Assisted Marketing Plan Act, Neb. Rev. Stat. §§ 59-1701 to 59-1762 (Reissue 2004).”

State Ex Rel. Couns. for Dis. of Neb. Supreme Court v. Orr, 759 N.W.2d 702 (Neb. 2009). · cites it 2× “1 and 3-508.4(a) of the Nebraska Rules of Professional Conduct, as well as his oath of office as an attorney.”

Ordosgoitti v. Werner Enter., Inc. (D. Neb. 2021). · cites it 6× “Werner argues this claim should be dismissed pursuant to Rule 12(b)(6) because neither the leasing agreement nor the operating agreement constitutes a seller-assisted marketing plan for purposes of the statute.”

Ordosgoitti v. Werner Enter., Inc. (D. Neb. 2021). · cites it 2× “Ordosgoitti’s first and second count allege defendants Werner Enterprises and Werner Leasing (collectively “Werner”) violated Nebraska’s Seller-Assisted Marketing Plan Act (“SAMP Act”), Neb. Rev. Stat. § 59-1701 et seq., and Consumer Protection Act (“CPA”), Neb.”

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