Nebraska First Street Lawsuit: What Owners Should Know

Updated August 28, 2026

The Nebraska First Street lawsuit challenges property-level climate risk scores shown through major home-listing platforms. Nebraska alleges that some scores use inaccurate or incomplete data, understate model limitations and leave owners without a meaningful correction process. First Street has not been found liable, and the filing creates no automatic score removal or compensation program.

What Happened

Attorney General Mike Hilgers filed the 63-page complaint against First Street after alleging that its property-specific predictions harmed Nebraska homeowners trying to sell.

The Nebraska attorney general’s August 27 announcement says some scores omit relevant property protections, differ substantially from other risk data and are difficult for owners to challenge.

The lawsuit is a civil complaint. Nebraska must prove its allegations, and First Street can contest them in court.

What the Nebraska First Street Lawsuit Alleges

First Street assigns scores from 1 to 10 for hazards including flood, fire, wind, heat and air quality. The state alleges consumers may interpret those numbers as objective property facts even though they are model-based forecasts.

Nebraska also challenges First Street’s dispute process. The company’s current property-score dispute policy says it generally does not update scores after individual requests and that a person should not expect a personalized response. It lists limited exceptions, including certain FEMA documents and recently built properties.

The complaint cites one West Omaha home classified by FEMA as Zone X, an area of minimal mapped flood hazard, but assigned a First Street Flood Factor of 6, labeled “Major.” It also compares First Street and FEMA figures for South Sioux City. These examples are allegations, not court findings.

Why FEMA and First Street Scores Can Differ

A FEMA flood zone and a First Street Flood Factor do not answer the same question.

FEMA maps support federal floodplain management and insurance requirements. First Street says Flood Factor estimates the likelihood and depth of water reaching a building over 30 years, including rainfall, rivers and changing environmental conditions.

First Street’s comparison of Flood Factor and FEMA zones says the systems are independent and should be used together. Its methodology states that FEMA maps—not Flood Factor—determine federal flood-insurance and building-code requirements.

A home outside a FEMA Special Flood Hazard Area is not guaranteed to be flood-free. A disagreement between the systems also does not prove that either result is wrong. The case centers on data quality, marketing claims, disclosures and correction practices.

What the State Wants From the Court

Nebraska requests permanent injunctions, civil penalties for each proven violation, repayment of money First Street allegedly acquired through unlawful conduct, and the state’s costs and attorney fees.

The complaint names no total dollar amount and creates no fund for owners who believe a score reduced their sale price. Any payment or correction requirement would require a later court order or settlement.

Who May Be Affected

The most directly affected group is Nebraska property owners whose First Street scores appear on, or are linked from, listing platforms. Buyers may also rely on the scores when evaluating a home.

The filing does not invalidate every score, change a mortgage contract, remove a flood-insurance requirement or decide a home’s value. According to the complaint, Zillow no longer displays the scores directly but still links users to First Street, while other platforms may display them.

What Homeowners Should Do Now

1. Preserve the current record. Save dated screenshots of the listing, score, stated probability, hazard category and explanatory text.
2. Check official flood data. Search the address through the FEMA Flood Map Service Center. Record the map panel, effective date and flood zone.
3. Gather property records. Keep elevation certificates, Letters of Map Amendment, surveys, permits, drainage records and proof of flood-protection work.
4. Request a correction in writing. Identify the disputed fact, provide supporting records and preserve every response.
5. Document financial effects. Save buyer messages, price changes, days on market and written insurance or lender explanations. Do not assume one score caused a lost sale without evidence.

Official Complaint and Insurance Resources

An owner who believes inaccurate information or an unfair dispute process caused harm can use the Nebraska attorney general’s consumer complaint form. Explain attempts to resolve the issue and attach records. Filing does not guarantee representation, correction or compensation.

If an insurer changes coverage, price or underwriting based on disputed information, request the reason in writing. An unresolved insurance issue may be submitted through the Nebraska Department of Insurance complaint process.

Bottom Line

The Nebraska First Street lawsuit asks a court to decide whether the company marketed and administered climate risk scores deceptively. No liability or consumer relief has been established. Owners should compare private forecasts with official maps and property records, preserve evidence and use verified complaint channels when a score appears factually wrong.

Editorial disclaimer: This article provides general consumer information and is not legal, insurance, real-estate or financial advice. Disclosure duties, insurance requirements and remedies depend on the property, transaction, policy and applicable law.