Is Nebraska a one-party consent state?
Yes. Nebraska is a one-party consent state for recording calls, under Neb. Rev. Stat. § 86-290.
General information, not legal advice. Laws change and we can get things wrong, so check with a lawyer before relying on any of this. Citations checked October 2026. Spotted an error? Tell us.
Recording calls in Nebraska
Nebraska lets a call be recorded when one person on it agrees. The business is a party to every call its agent answers, so its own consent is generally enough under the statute.
§ 86-290(1)(a) makes it unlawful to intentionally intercept a wire, electronic or oral communication. § 86-290(2)(c) says it is not unlawful for a person who is a party to the call, or who has one party's prior consent, to intercept it, unless the purpose is to commit a criminal or tortious act.
Reporters Committee summary for NebraskaNebraska is a one-party consent state, so the penalty applies to recording a call you are not a party to when no party has consented, or recording to commit a criminal or tortious act (§ 86-290(2)(c)). That interception is a Class IV felony, punishable by up to 2 years in prison plus 12 months of post-release supervision, a fine of up to $10,000, or both (§§ 86-290(1), 28-105(1)). The person recorded can sue for the greater of actual damages plus the violator's profits, or statutory damages of $100 a day or $10,000, whichever is higher, plus attorney fees and costs (§ 86-297(2), (3)(b)). The statute does not list punitive damages.
General information, not legal advice. Citations checked October 2026. Ask a Nebraska lawyer about your own calls.
Using an AI agent to answer your Nebraska line
Nebraska only needs one party's consent, but a caller from California or Florida brings their state's stricter rule onto the call. So the agent opens every call by saying it is recorded.
“Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?”
A Cartesia voice agent answers your business line, says this on every call, then takes messages or transfers the caller to your team.
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If the agent also calls out from Nebraska
An answering service mostly takes calls. Callbacks and reminders are outbound, and outbound calls follow the federal rules plus Nebraska's own.
Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.
47 U.S.C. § 227(b)(1)(B)47 C.F.R. § 64.1200(a)(2) and (a)(3)FCC ruling on AI voices, February 2024Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.
16 C.F.R. § 310.4(c)Nebraska's Automatic Dialing-Announcing Devices Act covers devices that dial numbers and automatically play a recorded message (§ 86-238). Sales calls made this way to a residential line may run only from 8 a.m. to 9 p.m. at the called person's location, and the caller must keep its own do-not-call list (§ 86-248). The message must name the caller at the start and give a callback number or address (§ 86-247). The act does not say whether AI-generated speech counts as a recorded message.
Statute textUsing an automatic dialing-announcing device for telephone solicitations needs a permit from the Public Service Commission, with a $500 fee per device, renewed every 2 years (§ 86-250). Recorded messages that are not sales calls need a free registration and may run only from 8 a.m. to 9 p.m., unless the caller has an established business relationship with the person called (§ 86-256).
Statute textWhere Nebraska callers are
Time zone: Central, with the panhandle and several southwestern counties on Mountain. You set your business hours in your own time zone, and the agent takes messages outside them.
308
Western and central Nebraska
402
Omaha and Lincoln
531
Omaha and Lincoln, with 402
States near Nebraska
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SOC 2 Type 2
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Nebraska call recording law FAQs
Is Nebraska a one-party or all-party consent state for recording calls?
Nebraska is a one-party consent state for recording calls, under Neb. Rev. Stat. § 86-290. This is general information, not legal advice. Ask a lawyer about your own calls.
Do I have to tell callers an AI agent is recording in Nebraska?
Nebraska needs one party's consent, and the business is a party. Most businesses announce recording anyway, because a caller in an all-party state such as California or Florida can bring that state's rule into the call. The sample agent opens with "Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?" This is general information, not legal advice.
What if the caller is in a different state than my Nebraska business?
The stricter state's rule can apply. In Kearney v. Salomon Smith Barney (2006), the California Supreme Court held that California's all-party rule governs, going forward, calls a Georgia office records with clients in California. A business that takes calls from other states usually announces recording on every call.
How much does a Cartesia agent cost to answer calls in Nebraska?
Managed Agents cost $0.03/min, plus telephony and LLM usage. See pricing.
Which time zone and area codes cover Nebraska?
Time zone: Central, with the panhandle and several southwestern counties on Mountain. Main area codes: 308, 402, 531. The agent answers calls from any number, and you set your business hours in your own time zone.
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