59-1756 – Purchaser; waiver of rights; unenforceable.
59-1756. Purchaser; waiver of rights; unenforceable. Any waiver by a purchaser of the provisions of the Seller-Assisted Marketing Plan Act shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by a seller to have a purchaser waive rights given by the act shall be a violation of the act. […]
59-1757 – Prohibited acts; violation; penalty; enforcement.
59-1757. Prohibited acts; violation; penalty; enforcement. (1) No person shall, in connection with the offer, purchase, lease, or sale of any seller-assisted marketing plan: (a) Use the trademark, service mark, trade name, logotype, or advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or accept […]
59-1758 – Violation; action for recovery of damages; award; statute of limitations.
59-1758. Violation; action for recovery of damages; award; statute of limitations. (1) Any purchaser injured by a violation of the Seller-Assisted Marketing Plan Act or by the seller’s breach of a contract subject to the act or of any obligation arising from the sale or lease of the seller-assisted marketing plan may bring an action […]
59-1758.01 – Burden of proof.
59-1758.01. Burden of proof. In any proceeding under the provisions of the Seller-Assisted Marketing Plan Act, the burden of proving an exemption or an exclusion from a definition or from the provisions of the act shall be upon the person claiming it. Source Laws 1993, LB 218, § 26; Laws 2003, LB 217, § 45.
59-1759 – Remedies; not exclusive.
59-1759. Remedies; not exclusive. The provisions of the Seller-Assisted Marketing Plan Act are not exclusive. The remedies provided for violation of any provision of the act or for conduct prescribed by any provision of the act shall be in addition to any other procedures or remedies for any violation or conduct provided for in any […]
59-1760 – Statutory or common-law rights; available.
59-1760. Statutory or common-law rights; available. Nothing in the Seller-Assisted Marketing Plan Act shall limit any statutory or common-law rights of the Attorney General, any county attorney, or any city attorney, or any other person. If any act or practice prescribed under the Seller-Assisted Marketing Plan Act also constitutes a cause of action in common […]
59-1761 – Unfair competition and deceptive practices statutes; applicable.
59-1761. Unfair competition and deceptive practices statutes; applicable. Actions and transaction prohibited by the Seller-Assisted Marketing Plan Act shall be subject to section 59-1602 and all statutes which provide for the implementation and enforcement of such section. Source Laws 1979, LB 180, § 61; Laws 1993, LB 218, § 30.
59-1762 – Director of Banking and Finance; powers; rules and regulations.
59-1762. Director of Banking and Finance; powers; rules and regulations. In addition to specific authority granted elsewhere in the Seller-Assisted Marketing Plan Act, the Director of Banking and Finance may adopt and promulgate rules, regulations, orders, or forms as are necessary to carry out the act. No rule, regulation, order, or form may be adopted […]
59-1801 – Act, how cited.
59-1801. Act, how cited. Sections 59-1801 to 59-1803 shall be known and may be cited as the Charitable Gift Annuity Act. Source Laws 1996, LB 972, § 1.
59-1802 – Terms, defined.
59-1802. Terms, defined. For purposes of the Charitable Gift Annuity Act: (1) Charitable gift annuity means a charitable gift annuity described by section 501(m)(5) and section 514(c)(5) of the Internal Revenue Code that is issued prior to, on, or after March 26, 1996, by a charitable organization that, on the date of the annuity agreement, […]