S_NE PASS-16 — bounded correction of five PASS-07 provider-remedy groups
Actual fresh research date: October 26, 2026, Pacific / October 26, 2026 UTC
Status: Same-coordinator bounded correction, not independent review. Original PASS-07 remains immutable. Only the affected paragraphs, claims, examples, source annotations, and coverage cells below are replaced or qualified. PASS-15 was completed before this response.
1. Five-group disposition
| Group |
Disposition |
Exact remaining limitation or next evidence |
| 1. §59-1609 discretionary increased award |
Partially answered; cap construction unresolved. The statute clearly preserves actual damages, costs, reasonable attorney fees, and a discretionary increased-award branch. It does not support the prior categorical statement that the court may add an additional $1,000. No controlling public Nebraska appellate interpretation was located resolving whether the $1,000 phrase caps the incremental enhancement or the resulting “increased award.” |
A controlling Nebraska appellate construction or authoritative legislative history directly addressing “such increased award” is still needed. The old $2,200 maximum example is withdrawn. |
| 2. Pettit procedural holding |
Answered and corrected. Pettit expressed considerable doubt about legislative intent, but the issue was not raised below, so the court assumed without deciding that a private cause existed. |
Pettit does not decide Chapter 69’s private-remedy question. A Chapter 69-specific controlling decision or legislative record remains needed. |
| 3. §87-303.12 Attorney General copies and notices |
Answered. The statute has separate initial-pleading, final-judgment, Small Claims appeal, and other-appeal branches; Small Claims trial pleadings and judgments are exempt from subsection (1). Mailing starts with certified mail, with later regular mail permitted only after qualifying prior certified mailing in the same action. |
Application to an actual action still requires the filed documents, filing or entry dates, appeal route, and mailing proof. |
| 4. Class IV felony sentencing description |
Answered and qualified. Willful violation of a qualifying injunction, declaratory judgment, or written assurance remains a Class IV felony. The §28-105 table states the currently authorized maximum, not an automatic sentence, and subsections (6)–(8) materially qualify post-release supervision and offense-date treatment. |
An actual sentencing result requires offense date, conviction facts, concurrent or consecutive sentences, and the sentencing record. |
| 5. Federal source currency |
TSR current text answered; CROA source currency qualified. Current OLRC bodies for §§6103–6105 now display Public Law 119-124 through October 15, 2026. Current §§1679g–1679i pages display Public Law 119-120 through October 7, 2026—not a universal 119-124 CROA compilation. Current CFPA §§5552, 5564, and 5565 display Public Law 119-124 through October 15, 2026. |
The prior §1679f dated-body hold remains. No universal CROA-through-119-124 statement is made. |
GROUP 1 — §59-1609 increased-award correction
A. Replacement for PASS-07 §D2 and claim S_NE-P7-C023
Replacement substantive paragraph
Neb. Rev. Stat. §59-1609 authorizes a qualifying private plaintiff to seek an injunction, actual damages, or both, together with suit costs and a reasonable attorney fee. It then permits the court, in its discretion, to “increase the award of damages to an amount” bearing a reasonable relationship to sustained damages that are not susceptible of ordinary pecuniary measurement. For a §59-1602 violation, the statute says that “such increased award” shall not exceed $1,000. The $1,000 language qualifies the discretionary increased-award branch; it is not a universal $1,000 ceiling on separately recoverable actual damages. Nebraska Legislature
No controlling publicly available Nebraska appellate decision was located that resolves whether “such increased award” means:
- the increment added to actual damages; or
- the resulting enhanced damages award after the discretionary increase.
The statutory wording therefore does not presently support the former PASS-07 statement that a court may add an additional $1,000 to actual damages. The District of Nebraska’s Bassett order does not resolve the issue: footnote 5 expressly declined to opine on the defendants’ statutory-damages argument because any possible NCPA damages would have duplicated the FDCPA damages in that case. GovInfo+1
Replacement claim
| Original claim ID |
Complete replacement claim |
| S_NE-P7-C023 |
Neb. Rev. Stat. §59-1609 preserves actual damages, costs, and reasonable attorney fees and conditionally permits a discretionary increased award for qualifying damages not susceptible of ordinary pecuniary measurement. For a §59-1602 violation, “such increased award” may not exceed $1,000. No controlling public Nebraska appellate interpretation was located establishing whether that amount caps the incremental enhancement or the resulting increased award. The $1,000 clause does not cap independently proved actual damages. Source: S_NE-P16-S001, §59-1609; S_NE-P16-S002, Bassett, printed p.25/PDF index 24 n.5. Predicates: private standing under §59-1609; qualifying §59-1602 violation; business-or-property injury and causation; actual damages; damages not susceptible of ordinary pecuniary measurement; court discretion. Consequence: no “actual damages plus an additional $1,000” maximum may be stated as verified Nebraska law. Confidence: High for statutory text and Bassett’s express nondecision; HOLD for cap construction. |
B. Replacement PASS-07 Example 4
Example 4 — NCPA actual damages with discretionary-increase amount held
Hypothetical assumptions
- A qualifying §59-1602 violation and §59-1609 private claim are established.
- Proved actual business-or-property damages are $1,200.
- Costs and reasonable attorney fees remain to be determined separately.
- The plaintiff seeks the discretionary increased-award branch.
- No controlling interpretation resolves how the $1,000 language operates.
Verified arithmetic
Plain text
Proved actual damages $1,200
Verified discretionary increment HOLD
Verified enhanced-total ceiling HOLD
Costs and reasonable attorney fees separate
The former arithmetic—
Plain text
$1,200 actual damages + $1,000 = $2,200
—is numerically correct but is withdrawn as a verified legal maximum, because the legal premise that the statute authorizes an additional $1,000 has not been established.
The bounded result is:
Plain text
Recoverable actual damages, if proved $1,200
Possible discretionary increased award unresolved
Maximum total damages under that branch unresolved
This hold does not reduce the independently recoverable $1,200 actual-damages figure or the separate costs-and-fees route.
GROUP 2 — precise Pettit correction
A. Replacement for PASS-07 §B5 narrative
In Pettit v. Nebraska Department of Correctional Services, the Nebraska Supreme Court stated the general rule that whether a statute creates a private action depends on the statute’s purpose and whether the Legislature intended one. When applying that rule to §83-178, the court expressed “considerable doubt” that the Legislature intended a declaratory-judgment private action and identified textual reasons for that doubt. But the private-action issue had not been raised in the district court. The court therefore did not resolve it; for purposes of the opinion, it assumed without deciding that a private right of action existed. Nebraska.gov+2
Accordingly, Pettit supports the purpose-and-legislative-intent framework but does not hold that §83-178 lacks an implied cause, and it does not resolve whether Chapter 69 creates an implied consumer remedy. PASS-07’s narrower conclusion remains: §69-1216’s reference to a cause of action is limitation language and does not, by itself, identify a plaintiff, defendant, elements, or remedy sufficient to create a standalone Chapter 69 claim.
B. Replacement/qualification of S_NE-P7-C010
| Original claim ID |
Complete replacement claim |
| S_NE-P7-C010 |
Nebraska implied-private-action analysis turns on statutory purpose and legislative intent. In Pettit, the Supreme Court expressed considerable doubt that the statute before it created a private action, but because the issue was not raised below, it assumed without deciding that such an action existed. Pettit therefore supplies the analytical framework, not a holding that no implied action existed and not a Chapter 69 ruling. Source: S_NE-P16-S003, Pettit, printed p.523/PDF index 10. Consequence: the standalone Chapter 69 implied-remedy question remains unestablished; §69-1216 cannot be used alone as the substantive cause. Confidence: High for Pettit’s exact procedural holding; HOLD for Chapter 69. |
GROUP 3 — complete §87-303.12 notice and mailing matrix
Replacement for PASS-07 §E6, limitation matrix, and S_NE-P7-C039
| Branch |
Actor and covered document |
Trigger and deadline |
Delivery to Attorney General |
Consequence or exception |
| Initial non-Small-Claims pleading |
A party filing a petition, counterclaim, cross-petition, or pleading in intervention alleging a UDTPA violation |
Within 7 days following filing of that pleading |
Certified mail unless the same-action regular-mail condition below has already been satisfied |
Subsection (1) does not apply to Small Claims Court actions |
| Final judgment in the subsection (1) action |
The party subject to subsection (1) must provide a copy of the final judgment |
Within 7 days following entry of the final judgment |
Certified mail unless subsequent regular mail is permitted |
Not a universal duty for an initial Small Claims judgment |
| Small Claims Court trial proceeding |
Initial Small Claims pleading and final Small Claims judgment |
Exempt from subsection (1) |
No subsection (1) mailing |
The special appeal branch in subsection (2) still applies |
| Small Claims appeal to district court |
A party appealing a Small Claims order or judgment involving a UDTPA issue |
Within 7 days of providing notice of the appeal |
Written notice to AG plus copy of the pleading raising the issue and copy of the Small Claims order or judgment; certified mail unless subsequent-mail rule applies |
This is the actual Small Claims branch |
| Other appeal involving a UDTPA issue |
A party appealing an order or judgment involving an issue raised under the Act |
Within 7 days following filing of the notice of appeal with the court |
Written notice plus copy of the pleading raising the issue and copy of the order or judgment appealed; certified mail unless subsequent-mail rule applies |
Separate from the Small Claims appeal wording |
| Mail-method rule |
All pleadings, orders, judgments, and notices required by §87-303.12 |
Applies to every required mailing under the section |
Certified mail is required unless the AG was previously provided required copies of pleadings, orders, judgments, or notices in the same action by certified mail; qualifying subsequent mailings may then use regular mail |
The statute does not make regular mail the initial default |
| AG intervention |
Attorney General |
On timely application to the court where the action is pending |
Court filing rather than the party-copy mailing rule |
AG may intervene or be heard at any time; failure to intervene does not bar a separate enforcement action |
| Failure to mail |
Party fails to provide a required copy or notice |
After noncompliance |
N/A |
Not grounds for dismissal of the UDTPA action; may support a later AG action to vacate or modify the judgment |
These branches and exceptions appear in the complete current §87-303.12 text. Nebraska Legislature
Replacement claim
| Original claim ID |
Complete replacement claim |
| S_NE-P7-C039 |
Neb. Rev. Stat. §87-303.12 does not impose one universal seven-day mailing rule. It separately requires: (1) copies of specified non-Small-Claims UDTPA pleadings within seven days after filing and the final judgment within seven days after entry; (2) written AG notice and specified documents within seven days after providing notice of a Small Claims appeal; and (3) written AG notice and specified documents within seven days after filing another covered notice of appeal. Initial and final Small Claims documents are exempt from subsection (1). Required copies ordinarily go by certified mail; later mailings in the same action may use regular mail only after the AG has previously received qualifying required materials by certified mail. Noncompliance is not a dismissal ground but may support a later AG action to vacate or modify the judgment. Source: S_NE-P16-S004, §87-303.12(1)–(5). Confidence: High. |
GROUP 4 — Class IV felony and authorized-sentence clarification
Replacement for PASS-07 §E4 and claim S_NE-P7-C036
Neb. Rev. Stat. §87-303.09 makes it a Class IV felony to willfully violate the terms of:
- an injunction;
- a court declaratory judgment; or
- a written assurance of voluntary compliance
entered under the Uniform Deceptive Trade Practices Act. The classification applies only after proof of the qualifying order or assurance, its terms, a violation, and willfulness. Nebraska Legislature
For an offense governed by the current post-August 30, 2015 Class IV framework, §28-105(1) authorizes:
Plain text
maximum:
2 years' imprisonment
plus 12 months' post-release supervision
or:
$10,000 fine
or:
both
minimum:
none for imprisonment
none for post-release supervision
This is an authorized maximum classification, not an automatic sentence. Nebraska Legislature
Material qualifications include:
- Under §28-105(6), a person sentenced to imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony concurrently or consecutively with a Class III, IIIA, or IV sentence is not subject to the subsection (1) post-release-supervision component.
- Under §28-105(7), the same removal of post-release supervision applies to the specified mixed sentencing of pre-August 30, 2015 and post-August 30, 2015 Class III, IIIA, or IV felonies.
- Under §28-105(8) and §28-116, the 2015 penalty changes do not apply to an offense committed before August 30, 2015; an offense is treated as pre-date if any element occurred before that date. Nebraska Legislature+1
Replacement claim
| Original claim ID |
Complete replacement claim |
| S_NE-P7-C036 |
A willful violation of a qualifying UDTPA injunction, declaratory judgment, or written assurance is a Class IV felony under §87-303.09. For an offense governed by the current ordinary Class IV framework, §28-105(1) authorizes a maximum of two years’ imprisonment plus twelve months’ post-release supervision, or a $10,000 fine, or both, with no minimum imprisonment or post-release supervision. This is not an automatic sentence. Sections 28-105(6)–(8) and 28-116 create concurrent/consecutive-sentence and offense-date qualifications, including removal of post-release supervision in specified combinations and use of pre-August 30, 2015 law when any offense element occurred before that date. Source: S_NE-P16-S005–S007. Confidence: High for classification and statutory ranges; actual sentence held. |
GROUP 5 — federal source-currentness and exact TSR claim preservation
A. P7 S013 replacement source annotation
The complete current OLRC bodies are now verifiable as follows:
| Provision |
Actual official URL and current header |
Complete read bounds |
Access qualification |
| 15 U.S.C. §6103 |
https://uscode.house.gov/us/usc/119-124/t15/s6103/ — Public Law 119-124, October 15, 2026 |
Subsections (a)–(f), source, 2010 amendment, and effective-date note |
A direct initial open failed; the identical current page was recovered through OLRC’s “Previous” link from §6104. |
| 15 U.S.C. §6104 |
https://uscode.house.gov/us/usc/119-124/t15/s6104/ — Public Law 119-124, October 15, 2026 |
Subsections (a)–(f) |
Direct current page worked. |
| 15 U.S.C. §6105 |
https://uscode.house.gov/us/usc/119-124/t15/s6105/ — Public Law 119-124, October 15, 2026 |
Subsections (a)–(d), source, 2010 amendment, and effective-date note |
Direct current page worked. |
This prospectively confirms the P7 TSR source currency. It does not rewrite P7’s original source-access provenance.
B. Exact replacement/confirmation of TSR claims
| Original claim ID |
Complete current claim |
| S_NE-P7-C042 |
A private action under 15 U.S.C. §6104 requires a person adversely affected by a pattern or practice of telemarketing that violates an FTC rule under §6102; filing within three years after discovery; and an amount in controversy exceeding $50,000 in actual damages for each adversely affected person. The action is in an appropriate federal district court and may seek injunction, compliance, damages, and other appropriate relief. The plaintiff must give the FTC prior written notice and a complaint copy unless prior notice is infeasible, in which case immediate postfiling notice is required. A pending FTC- or CFPB-instituted action against the same defendant on the same rule allegations blocks the private action during its pendency. A final order may award prevailing-party costs and reasonable attorney and expert fees. Section 6104(f) supplies its venue and nationwide-service branch. Coverage: actual telemarketing, FTC-rule, pattern-or-practice, person-specific actual-damages, discovery, and parallel-action facts remain held. Source: S_NE-P16-S009, §6104(a)–(f). Confidence: High for current text; conditional application. |
| S_NE-P7-C043 |
Under 15 U.S.C. §6103, when a State attorney general has reason to believe residents are threatened or adversely affected by a pattern or practice of telemarketing violating an FTC rule under §6102, the State may sue as parens patriae in an appropriate federal district court for injunction, compliance, damages, restitution, compensation, and other appropriate relief. The State ordinarily must provide prior written FTC notice and a complaint copy, with immediate postfiling notice permitted when prior notice is infeasible. A pending FTC- or CFPB-instituted action against the same defendant and rule allegations blocks the overlapping state action during its pendency. Section 6103(e) supplies venue and nationwide service; subsection (f) preserves qualifying actions by other authorized State officials and independent State-law proceedings. Source: S_NE-P16-S008, §6103(a)–(f). Confidence: High for current text; actual TSR coverage remains conditional. |
Section 6105 separately confirms FTC enforcement under the FTC Act framework and CFPB enforcement for covered consumer-financial products or services, subject to its stated exceptions and jurisdictional limits. U.S. Code
C. P7 S014 and related federal-source annotations
| P7 source family |
Correct current annotation |
| CROA §§1679g–1679i |
The official pages currently served at https://uscode.house.gov/us/usc/119-120/t15/s1679g/, .../s1679h/, and .../s1679i/ each display laws in effect through Public Law 119-120, October 7, 2026. The prior 119-118 locator for §1679i should not be treated as a currency statement; the current served body identifies itself as 119-120. No universal claim that all CROA provisions were verified through 119-124 is made. U.S. Code+2 |
| CROA §1679f |
Not reopened in this bounded pass. The prior dated-body/source hold remains unchanged. |
| CFPA §§5552, 5564, 5565 |
The current direct OLRC pages display laws in effect through Public Law 119-124, October 15, 2026. Their P7 public-enforcement source-currentness is confirmed. U.S. Code+2 |
| Original P7 raw records |
Remain historically immutable. These annotations describe what the official pages actually served during PASS-16 and do not retroactively alter P7 access events. |
The substantive P7 CROA and CFPA claims are unchanged by this source-only correction, subject to the already stated entity, coverage, violation, enforcement, and limitation predicates.
Replacement-claim register
| Original P7 claim ID |
Replacement status |
Corrected assertion |
| S_NE-P7-C010 |
Qualified |
Pettit states the purpose-and-legislative-intent framework but assumed without deciding that the private cause existed because the issue was not raised below. It did not reject an implied cause and did not decide Chapter 69. |
| S_NE-P7-C023 |
Replaced |
Actual damages, fees, costs, and a conditional discretionary increased-award route remain. The meaning of the $1,000 cap—increment versus resulting increased award—is unresolved in controlling public authority; it does not cap actual damages. |
| S_NE-P7-C036 |
Replaced/qualified |
Willful violation of a qualifying UDTPA order or assurance is a Class IV felony. The current maximum is an authorized sentencing range, subject to §§28-105(6)–(8) and 28-116, not an automatic sentence. |
| S_NE-P7-C039 |
Replaced |
The Attorney General copy regime has distinct initial pleading, final judgment, Small Claims appeal, and other appeal branches, plus certified-mail and subsequent-regular-mail conditions. |
| S_NE-P7-C042 |
Current source confirmed |
Private TSR action predicates and branches are retained as set out above. |
| S_NE-P7-C043 |
Current source confirmed |
State TSR enforcement predicates and branches are retained as set out above. |
| S_NE-P7-C044–C046 |
Substance unchanged; source version qualified |
Current §§1679g–1679i pages display 119-120 through October 7, 2026. No universal 119-124 CROA source claim. |
| S_NE-P7-C047 |
Substance unchanged; source currentness confirmed |
CFPA §§5552, 5564, and 5565 display 119-124 through October 15, 2026. |
Source register
| Source ID |
Title, issuer, full literal URL, exact pinpoint |
Version/status and actual access |
Read bounds and limitations |
| S_NE-P16-S001 |
Neb. Rev. Stat. §59-1609—Civil action for damages, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=59-1609; complete operative paragraphs, especially the actual-damages, attorney-fee, discretionary increase, and $1,000 language. |
Current official codification freshly read October 26, 2026 Pacific/UTC. Source history shows 1974 LB 1028 and 2002 LB 1278. |
No complete legislative-history audit. Official annotations do not identify a cap-construction case. Nebraska Legislature |
| S_NE-P16-S002 |
Bassett v. Credit Bureau Services, Inc., No. 8:16CV449, Doc. 234, U.S. District Court for the District of Nebraska. https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_16-cv-00449/pdf/USCOURTS-ned-8_16-cv-00449-11.pdf; printed p.25, zero-based PDF index 24, footnote 5. |
Historical final district-court memorandum and order filed August 13, 2021; freshly read and page image inspected October 26, 2026. |
Persuasive federal trial authority, not a controlling Nebraska appellate construction. It expressly declines the statutory-damages question. GovInfo+1 |
| S_NE-P16-S003 |
Pettit v. Nebraska Department of Correctional Services, 291 Neb. 513, 867 N.W.2d 553 (2015), Nebraska Supreme Court. https://www.nebraska.gov/apps-courts-epub/public/viewCertified?docId=N00005157PUB; printed p.523, zero-based PDF index 10. |
Final published controlling Nebraska opinion; freshly read and page image inspected October 26, 2026. |
Supplies the implied-action analytical framework and exact nondecision; it does not concern Chapter 69. Nebraska.gov+1 |
| S_NE-P16-S004 |
Neb. Rev. Stat. §87-303.12—Copies to Attorney General; intervention, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.12; subsections (1)–(5). |
Current official codification freshly read October 26, 2026. |
Complete operative notice, Small Claims, appeal, intervention, mailing, and non-dismissal text. Nebraska Legislature |
| S_NE-P16-S005 |
Neb. Rev. Stat. §87-303.09—Violation of order or assurance, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.09; complete section. |
Current official codification freshly read October 26, 2026. |
Establishes offense classification only. Nebraska Legislature |
| S_NE-P16-S006 |
Neb. Rev. Stat. §28-105—Felony penalties, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=28-105; subsections (1) and (6)–(8). |
Current official codification freshly read October 26, 2026. |
Authorized sentencing range and express qualifications; no actual sentencing analysis. Nebraska Legislature |
| S_NE-P16-S007 |
Neb. Rev. Stat. §28-116—2015 penalty changes; applicability, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=28-116; complete operative paragraph. |
Current official codification freshly read October 26, 2026; page shows 2025 LB 383 source amendment. |
Used only for offense-date treatment. Nebraska Legislature |
| S_NE-P16-S008 |
15 U.S.C. §6103—Actions by States, OLRC. https://uscode.house.gov/us/usc/119-124/t15/s6103/; subsections (a)–(f), source, 2010 amendment, effective-date note. |
Current page displays laws through Public Law 119-124, October 15, 2026. Direct initial open failed; current page was recovered through OLRC navigation and freshly read October 26. |
Conditional TSR enforcement only; full telemarketing coverage not reopened. U.S. Code |
| S_NE-P16-S009 |
15 U.S.C. §6104—Actions by private persons, OLRC. https://uscode.house.gov/us/usc/119-124/t15/s6104/; subsections (a)–(f). |
Current page displays laws through Public Law 119-124, October 15, 2026; freshly read October 26. |
Conditional private route; no TSR scope rerun. U.S. Code |
| S_NE-P16-S010 |
15 U.S.C. §6105—Administration and applicability, OLRC. https://uscode.house.gov/us/usc/119-124/t15/s6105/; subsections (a)–(d), source and 2010 amendment. |
Current page displays laws through Public Law 119-124, October 15, 2026; freshly read October 26. |
Public enforcement and jurisdictional framework only. U.S. Code |
| S_NE-P16-S011 |
15 U.S.C. §1679g—CROA civil liability, OLRC. https://uscode.house.gov/us/usc/119-120/t15/s1679g/; subsections (a)–(b). |
Current served page displays Public Law 119-120, October 7, 2026; freshly read October 26. |
No universal 119-124 CROA currency claim. U.S. Code |
| S_NE-P16-S012 |
15 U.S.C. §1679h—CROA administrative and State enforcement, OLRC. https://uscode.house.gov/us/usc/119-120/t15/s1679h/; subsections (a)–(c) as relevant. |
Current served page displays Public Law 119-120, October 7, 2026; freshly read October 26. |
Full source body read only as necessary for currentness annotation. U.S. Code |
| S_NE-P16-S013 |
15 U.S.C. §1679i—CROA limitation, OLRC. https://uscode.house.gov/us/usc/119-120/t15/s1679i/; complete section. |
Current served page displays Public Law 119-120, October 7, 2026; freshly read October 26. |
Prior 119-118 locator is not treated as a current-version label. U.S. Code |
| S_NE-P16-S014 |
12 U.S.C. §5552—State enforcement powers, OLRC. https://uscode.house.gov/us/usc/119-124/t12/s5552/; relevant subsections (a)–(b). |
Current page displays Public Law 119-124, October 15, 2026; freshly read October 26. |
CFPA public-enforcement boundary only. U.S. Code |
| S_NE-P16-S015 |
12 U.S.C. §5564—CFPB litigation authority, OLRC. https://uscode.house.gov/us/usc/119-124/t12/s5564/; relevant subsections. |
Current page displays Public Law 119-124, October 15, 2026; freshly read October 26. |
No private-action inference. U.S. Code |
| S_NE-P16-S016 |
12 U.S.C. §5565—Available relief, OLRC. https://uscode.house.gov/us/usc/119-124/t12/s5565/; subsections (a)–(c) as relevant. |
Current page displays Public Law 119-124, October 15, 2026; freshly read October 26. |
Current inflation-adjusted civil penalties were not researched. U.S. Code |
| S_NE-P16-S017 |
Bounded official cap-construction searches, Nebraska appellate repository https://www.nebraska.gov/apps-courts-epub/ and GovInfo https://www.govinfo.gov/; exact terms included 59-1609, such increased award, increase the award of damages, and $1,000. |
Search-only work October 26, 2026. |
No controlling public Nebraska appellate cap-construction holding located. This is not a complete commercial citator, trial-docket, unpublished-order, or legislative-history search. |
Effect on PASS-07 coverage and examples
| PASS-07 location |
Effect of PASS-16 |
| §D2 / C023 / Example 4 |
Replace the additive-$1,000 statement and $2,200 legal maximum with the unresolved-cap language and hold above. Actual damages, costs, attorney fees, discretion, and qualifying nonpecuniary predicates remain. |
| §B5 / C010 |
Replace “declined to recognize” language with the exact Pettit posture: substantial doubt, issue not raised below, assumed without deciding. |
| §E6 / limitation matrix / C039 |
Replace the abbreviated seven-day description with the complete §87-303.12 matrix. |
| §E4 / C036 |
Preserve the Class IV classification but replace the unqualified maximum-sentence statement with the authorized-range and subsections (6)–(8) qualifications. |
| S_NE-P7-S013 / C042–C043 |
Current TSR bodies and version header are now verified; substantive conditional claims retained. |
| S_NE-P7-S014 / C044–C046 |
Preserve claims, but correct the source-currentness annotation to 119-120 through October 7, 2026 for §§1679g–1679i. |
| CFPA source rows / C047 |
Current 119-124 through October 15, 2026 confirmed. |
| Other nine PASS-07 examples and unaffected claims |
Unchanged and not regenerated. |
Residual holds
This patch does not resolve:
- Chapter 69’s implied private action;
- the §59-1609 cap construction;
- actual NCPA standing, injury, public-interest, causation, regulatory-exclusion, or damages facts;
- current Title 433 substantive and adoption history;
- actual provider classification, contract, funds, account, fee-earning, or federal coverage;
- actual criminal offense date or sentence;
- actual §87-303.12 filing and mailing compliance;
- TSR telemarketing, actor, rule, pattern-or-practice, person-specific damages, discovery, notice, or parallel-action facts;
- the prior §1679f source hold;
- full CROA or CFPA currentness beyond the pages actually read;
- full citator, trial-docket, unpublished-order, local, tribal, country, or parent-state research.
No component, Nebraska, parent, A066, operational, provider, litigation, or publication acceptance is implied.
Self-check
Freshly read in PASS-16:
- complete current §§59-1609, 87-303.09, 87-303.12, 28-105, and 28-116;
- Pettit printed p.523/PDF index 10;
- Bassett printed p.25/PDF index 24 n.5;
- complete current §§6103–6105;
- current official §§1679g–1679i source headers and bodies;
- current official CFPA §§5552, 5564, and 5565 source headers and relevant bodies.
Not performed:
- no complete Nebraska or federal citator;
- no full legislative-history audit;
- no complete Bassett, TSR, CROA, CFPA, criminal-sentencing, or provider-remedy rerun;
- no private case, account, provider, filing, contact, records request, purchase, browser control, local save, or publication action.
END S_NE PASS-16.