LB 385 — Change provisions relating to the Uniform Deceptive Trade Practices Act

LB385 LB385 2025 LEGISLATURELEGISLATIVE OFBILL NEBRASKA385 ONEApproved HUNDREDby NINTHthe LEGISLATUREGovernor FIRSTMay SESSION21, LEGISLATIVE2025 BILL 385 FINAL READING   Introduced by Storer, 43.

Read  firstA timeBILL JanuaryFOR 17,AN 2025ACT Committee:relating to the Uniform Deceptive Trade Practices Act;

Judiciary A BILL FOR AN ACT relating to the Uniform Deceptive Trade Practices Act;

Be it enacted by the people of the State of Nebraska, -1- LB385 LB385 2025 Section 1.

(10) Advertises goods or services with intent not to sell them as -2- LB385 LB385 2025 advertised or advertises the price in any manner calculated or tending to mislead or in any way deceive a person;

-3- LB385 LB385 2025 (17) Offers an unsolicited check, through the mail or by other means, to promote goods or services if the cashing or depositing of the check obligates the endorser or payee identified on the check to pay for goods or services.

-1- LB385 LB385 2025 (19)(i) Installs, offers to install, or makes available for installation or download a covered file-sharing program on a computer not owned by such person without providing clear and conspicuous notice to the owner or authorized user of the computer that files on that computer will be made available to the public and without requiring intentional and affirmative activation of the file-sharing function of such covered file-sharing program by the owner or authorized user of the computer;

(A) Makes a deceptive or misleading representation or designation, or omits material information, about a substance or fails to identify the contents of the package or the nature of the substance contained inside -4- LB385 LB385 2025 the package;

A violation under this subdivision (a)(a)(22) (22) shall be treated as a separate and distinct violation from any other offense arising out of acts alleged to have been committed while the person was in violation of this section;

(C) Promote means to use any mechanism or publication, or take any action, that suggests, highlights, advertises, markets, curates, backlinks, hashtags, or otherwise directs, attempts to direct, or -5- LB385 LB385 2025 encourages traffic toward specific materials, including acts carried out affirmatively, through automation, algorithmically, and via other technical means both known and unknown at this time;

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