Nebraska has recently been confronted with two cases involving deceptive sales practices in a classic direct selling context. In Central Construction Co. v. Osbahr and Dembowski v. Central Construction Co., the Nebraska Supreme Court came to seemingly conflicting conclusions in two cases that presented strikingly similar factual situations involving deceptive direct sales practices. The purpose of the following analysis is to outline prior Nebraska law in this area, to investigate the present status of Nebraska law in this area, and to compare the decisions against the backdrop of the Federal Trade Commission Act, the Nebraska Uniform Deceptive Trade Practices Act, and Nebraska's constitutional prohibition of lotteries.
Fraudulent Direct Sales Schemes in the Home Improvement Industry under Nebraska Law,
51 Neb. L. Rev. 320
Available at: http://digitalcommons.unl.edu/nlr/vol51/iss2/6