The NCAA faces a possible class action trial that has the power and potential to destroy the association.
The NCAA on the Wrong Side of Possible Class Action Lawsuit
The National Collegiate Athletic Association may collapse into itself if the looming lawsuit against it gains the class action certification for which it has been working.
O’Bannon v. NCAA is a lawsuit that was filed in 2009 by former UCLA basketball player Ed O’Bannon and other ex-college athletes who feel that their names and reputations are being used by the NCAA without their permission and without proper compensation in return.
These athletes’ names, personalities and performance footages have been used in video games, highlight reels and rebroadcasts and they have never received payment for it. The NCAA retains all revenue provided by the former all-stars, alone.
The current lawsuit is striving for a class action status. If this happens, then the NCAA is facing a trial against the current plaintiffs as well any former or current Division I athlete. This would be detrimental to the NCAA’s income.
O’Bannon v. NCAA is also asking that current and future athletes have the option and ability to design their own contracts and licensing deals. This would give the players the rights to their fame and take it out of the hands of others, if they choose to.
The NCAA is trying hard to avoid a class action lawsuit. At this point, the damages to recompense if it loses would be sufficient; but if the court allows all athletes to make grievances, the NCAA will lose all profit and then some. It will be a fascinating case to watch unfold, as the future of the association is at full risk.
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