Nebraska Consumer Protection Act vs. Private Operators (Neb. Rev. Stat. §59-1601)
The Nebraska Consumer Protection Act (Neb. Rev. Stat. §59-1601 through §59-1623) prohibits unfair and deceptive trade practices. Private parking operators (Park Omaha private lots, Premium Parking, ABM, ParkMobile) frequently engage in: (1) Hidden fees; (2) Booting without authorization; (3) Threats of credit reporting for civil parking debts; (4) Excessive admin fees. Under §59-1609, consumers can recover actual damages, $1,000 per violation, plus attorney's fees. Under §59-1614, the Attorney General has enforcement authority with civil penalties up to $2,000 per violation.
Legal basis
Neb. Rev. Stat. §59-1601 et seq. (NCPA); §59-1609 (private right); §59-1614 (AG enforcement)
Sample appeal wording
TO: [Operator] CC: Nebraska Attorney General Consumer Protection Division, 2115 State Capitol, Lincoln, NE 68509 RE: Demand under Neb. Rev. Stat. §59-1609 Dear Operator, This is formal demand under the Nebraska Consumer Protection Act, §59-1601 et seq., for refund of $[AMOUNT] in connection with parking at [LOT] on [DATE]. Your conduct violates §59-1602 (unfair/deceptive practices), specifically: 1. Charging fees not disclosed at entry 2. Excessive admin fees 3. Threats of credit reporting for civil debt 4. [Other applicable] Under §59-1609, I am entitled to actual damages, $1,000 statutory damages per violation, and attorney's fees. If refund of $[AMOUNT] is not received within 30 days, I will file complaint with Nebraska AG and suit in [COUNTY] County Court. Sincerely, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Neb. Rev. Stat. §59-1601 et seq.
- Neb. Rev. Stat. §59-1609
- Nebraska AG - protectthegoodlife.nebraska.gov