In the midst of actions against Florida universities over suspected NIL violations, Florida Attorney General Ashley Moody has joined a multistate lawsuit against the National Collegiate Athletic Association for antitrust crimes.
According to Moody’s office, until recently, the NCAA has not effectively enforced its ambiguous and ever-changing NIL rules. Suddenly, only days after the NCAA released a series of entries on X revising its NIL guidance, word spread that the NCAA was pursuing both UF and FSU for alleged NIL violations.
These arbitrary acts, which will limit Florida’s student athletes’ capacity to discuss and negotiate equitable NIL agreements, highlight the critical importance of today’s complaint.
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The multistate lawsuit claims that the NCAA has limited student athletes’ ability to benefit from name, image, and likeness partnerships. Attorney General Moody says that these prohibitions should be lifted immediately.
“It appears no one could ever comply with these ever-changing and unfair regulations that limit the ability of student-athletes to negotiate in good faith. I am taking legal action to reverse the unlawful restrictions the NCAA has placed on Florida universities and our collegiate athletes,” said Moody.
The NCAA prohibits prospective student-athletes from discussing NIL opportunities with schools and collectives prior to enrollment.
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These restrictions prevent Florida student-athletes from:
• Negotiating with collectives,
• Reviewing NIL offers prior to making enrollment decisions, and
• Learning about the full scope of NIL-related services schools might offer upon enrollment.
On Wednesday, Tennessee Attorney General Jonathan Skrmetti, along with Virginia Attorney General Jason Miyares, announced that Florida, New York, and the District of Columbia have joined the multistate coalition challenging the National Collegiate Athletic Association (NCAA) for violating federal antitrust laws with its anticompetitive restrictions on the ability of current and future student-athletes to benefit from their name, image, and likeness (NIL).
“We’re glad to keep fighting to protect student-athletes from illegal NCAA rules. I welcome the addition of our bipartisan partners to the case,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “The ultimate goal is to get the lawyers out of this and let student-athletes compete under fair and clear rules, but in the meantime, we’ll do our part to move things in the right direction.”
Tennessee and Virginia filed this lawsuit in January, arguing that the NCAA violated antitrust laws in enforcing rules that unfairly restricted how student-athletes can commercially use their NIL at a critical juncture in the recruiting process.
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These anticompetitive restrictions violate the Sherman Act and harm the States and the welfare of their student-athletes. In February, the Eastern District Court of Tennessee granted the plaintiffs’ request for a preliminary injunction.
Tennessee and Virginia, now with Florida, New York, and Washington, D.C., will continue to litigate this case to the fullest extent necessary to ensure the NCAA’s monopoly cannot continue to harm Tennessee student-athletes.
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