In the antitrust class action House v. NCAA, former and current Division I athletes seek compensation for not being given the right to use their NIL (name, image, and likeness) for commercial purposes. The potential $1.4 billion lawsuit alleges the NCAA deprived them of media rights and sponsorships, and the NCAA’s subsequent use of the athlete’s NIL’s, has awarded the NCAA and its membership billions of dollars.

The defendants allege in a 50- page opposition to the class certification motion that there are differences in NIL value and so class members claims are not proper for a class action. They state that some athletes have accumulated millions of dollars of economic value tied to their NIL, where others yield a negligible value. These differences can be tied to certain sports being broadcast to a larger audience or having more media coverage.

If class certification is granted, class members may consist of competing Division I athletes from June 15, 2020, to January 27, 2025. Additional Division I athletes who from 2016 in football, men’s and women’s basketball and additional sports may also be eligible.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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