59-1608. Attorney General; restrain prohibited acts; costs; restoration of property.
295 words·~1 min read·
/ne/chapter-59/59-1608A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The Attorney General may bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited by the Consumer Protection Act. The prevailing party may, in the discretion of the court, recover the costs of such action including a reasonable attorney's fee.
(2)The court may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any act prohibited in the Consumer Protection Act.
Ticket seller was not a "prevailing party," as would support award of attorney fees under Nebraska's Consumer Protection Act and Uniform Deceptive Trade Practices Act following dismissal of the State's consumer protection suit where the State chose to voluntarily dismiss its claims before any judicial determination could be made as to their merits. State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606, 924 N.W.2d 664 (2019).
Restoration of the purchase price under the Nebraska Consumer Protection Act rests within the discretion of the trial court; its ruling will not be disturbed on appeal in the absence of an abuse of that discretion. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).
The awarding and amount of an attorney fee under the Nebraska Consumer Protection Act rest in the sound discretion of the trial court; the Nebraska Supreme Court will only interfere where the allowance is clearly excessive or insufficient. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).
The Nebraska Consumer Protection Act is equitable in nature; as such, trials thereunder are to the court. State ex rel. Douglas v. Schroeder, 222 Neb. 473, 384 N.W.2d 626 (1986).