Nebraska requires a Public Service Commission permit before an automatic dialing announcing device makes sales calls, limits those calls to residential lines by hour, and has a Telemarketing and Prize Promotions Act covering payment, cancellation, and records.
From official sources, checked September 26, 2026. General information, not legal advice.
A person may not connect or operate an automatic dialing announcing device to make telephone solicitations without a current Public Service Commission permit for that device. The application describes the device, the calling times, the expected number of calls, and the average length of a completed call. A permit lasts two years, and a renewal is treated as a new application. A person who hires a third party to run a device for solicitations is jointly and severally liable with that party and must file the message with the Commission, with any change filed within five days.
A person may not make a telephone solicitation with an automatic dialing announcing device to a residential line before 8 a.m. or after 9 p.m. at the called person's location. The Commission's rules add a Sunday and holiday limit: device solicitations to residential lines are allowed from 8 a.m. to 9 p.m. Monday through Saturday and from 1 p.m. to 9 p.m. on Sundays and legal holidays, local time. For telephone solicitations generally, 47 CFR 64.1200(c)(1) bars calls to residential subscribers before 8 a.m. or after 9 p.m. local time.
Nebraska defines an automatic dialing announcing device as one that selects and dials numbers and automatically plays a recorded message. Its definition of telephone solicitation excludes, among others, calls with the person's prior express invitation or permission, calls to someone with an established business relationship, and calls placed by a live operator without a prerecorded message. Device solicitations may not go to emergency lines, patient rooms, or cellular, paging, or other numbers where the called person is charged for the call. Messages must identify the caller and give a number or address, and sequential dialing is barred.
A caller may not make device solicitations to a residential line unless it has procedures for keeping a list of subscribers who do not want its solicitations, including a written policy available on demand, trained personnel, and a record of each request from a residential or business subscriber. If someone else records the requests, the person on whose behalf the call is made is liable for any failure to honor them. Commission rules say a caller may at no time make telephone solicitations to subscribers on its list.
The Telemarketing and Prize Promotions Act covers consumer goods or services, meaning items normally used for personal, family, or household purposes and not for resale or for use or consumption in trade or business. The automatic dialing rules reach business lines too: device solicitations to residential or business lines must be otherwise permitted by the Act, a device may not engage two or more lines of a business multiline system at once, and business subscribers' do not call requests must be recorded.
A seller under the Telemarketing and Prize Promotions Act may not submit a check or draft on a consumer's account without express verifiable authorization. A consumer may cancel a telephone sale until midnight of the fifth business day after receiving written notice of that right, unless the seller allows review, return, and a refund for at least seven days after delivery. Sellers must keep records for 24 months in compliance with 16 CFR 310.5 as it existed on January 1, 2002. The Neighbor Spoofing Protection Act bars knowingly sending misleading or inaccurate caller identification with intent to defraud, cause harm, or wrongfully obtain anything of value.
Nebraska's interception law says it is not unlawful for a person not acting under color of law to intercept a wire, electronic, or oral communication when that person is a party to it, or when one of the parties has given prior consent, unless the communication is intercepted to commit a criminal or tortious act in violation of federal or state law.
The permit covers an automatic dialing announcing device, which selects and dials numbers and automatically plays a recorded message. The definition of telephone solicitation excludes calls placed by a live operator without a prerecorded message, and the Commission decides on review of an application whether a permit or registration is required.
The Public Service Commission says all autodialers placing calls into Nebraska, regardless of the originating location or the content of the message, must have a permit or registration before operating, with the current message on file.
The Nebraska Attorney General urges consumers to register on the National Do Not Call Registry, which it says protects landline and wireless numbers. For automatic dialing device solicitations, Nebraska law also requires callers to keep and honor their own do not call lists.
Checked September 26, 2026. Every fact on this page comes from these official sources. General information, not legal advice: rules change, so confirm with the cited statute or agency and with counsel.
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