87-303.02. Deceptive trade practice or unconscionable act; connected accounts or assets; Attorney General; powers.
385 words·~2 min read·
/ne/chapter-87/87-303-02A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)When the Attorney General has reasonable cause to believe that any person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01 , the Attorney General may:
(1)Require any person to file a statement or report in writing under oath or otherwise, on such forms as shall be prescribed by the Attorney General, as to all facts and circumstances concerning any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01 known by such person, and such other data and information as the Attorney General deems necessary;
(2)Examine under oath any person in connection with any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01 ;
(3)Examine any property or sample thereof, record, book, document, account, or paper as the Attorney General deems necessary;
(4)Pursuant to an order of any district court, impound any record, book, document, account, paper, or sample of property which is material to such practice and retain the same in his or her possession until the completion of all proceedings undertaken under the Uniform Deceptive Trade Practices Act; or
(5)Obtain an order freezing or impounding connected accounts or assets as provided in subsection
(b)of this section.
(b)(1) For purposes of this subsection, connected accounts or assets means any bank account, other financial account, money, asset, or property connected with any alleged deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01 .
(2)In order to ensure the availability of resources needed to provide restitution or any other remedy available to a consumer by law, the Attorney General may request an ex parte order from the district court temporarily freezing or impounding connected accounts or assets. If granted, such order shall be effective for a period of fourteen days, and the court shall set the matter for a hearing. The Attorney General shall provide notice of the order and hearing to the owner of the connected account or asset. Such notice may be made by publication.
(3)Following such hearing, the court may extend the temporary order for any period up to the completion of all proceedings undertaken under the Uniform Deceptive Trade Practices Act unless earlier canceled or modified at the request of the Attorney General.