Former men’s basketball players sue NCAA over unauthorized NIL use

The lawsuit accused the defendants of “systematically and intentionally” misappropriating the plaintiffs’ publicity rights while “reaping scores of millions of dollars from Plaintiffs and similarly situated class members’ participation in competition,” according to ESPN’s Mark Schlabach.

The lawsuit accused the NCAA and the other defendants of violating the federal Sherman Antitrust Act through unreasonable restraint of trade, group boycott and refusal to deal.

“The NCAA has for decades leveraged its monopoly power to exploit student-athletes from the moment they enter college until long after they end their collegiate careers,” the lawsuit said. “The NCAA has conspired with conferences, colleges, licensing companies, and apparel companies to fix the price of student-athlete labor near zero and make student-athletes unwitting and uncompensated lifetime pitchmen for the NCAA.”

“Mario Chalmers, Sherron Collins, and other members of the 2008 Kansas Jayhawks National Championship men’s basketball team have been paid nothing by the NCAA or its partner TSI for the continued use of their names, images and likenesses in promoting and monetizing March Madness,” the lawsuit said. “The same is true for thousands of former NCAA athletes across all sports whose names, images, and likenesses are continuing to be displayed for commercial purposes by the NCAA, its member conferences, and its partners such as TSI.”