Nebraska has not enacted a separate state law that is substantially different from the FDCPA. Nebraska’s debt collection law applies to collection agencies, but excludes attorneys actually using the legal process to collect debts. Attorneys simply engaging in non-legal collection processes, activities, and tactics, however, are within the state law.
The Nebraska law requires collectors within the state to pay a fee and obtain a license. It does not appear, however, that consumers can bring an individual lawsuit if a collector fails to do so. Thus, Nebraska residents faced with abusive or harassing collection tactics will receive the most protection and benefit from the FDCPA.
Nebraska residents also receive additional state law protections in the case of installment loans. The state law covering these types of loans closely tracks the FDCPA, and likewise provides for a private lawsuit, actual damages, statutory damages of up to $1,000, and attorneys’ fees and costs.
If you believe that a collector has behaved inappropriately while attempting to collect a debt from you in Nebraska, our attorneys can help you to determine whether the FDCPA or Nebraska law provides you with a legal remedy.
To learn more about the FDPCA, go to Federal Debt Collection Practices Act.
Nebraska Code § 45-601 through § 46-622.
