“The NCAA knew for decades that preventing players from monetizing the one thing of value they have—their name—was wrongful and unlawful,” said Jim Acho, an attorney for the plaintiff players. “Today they recognize that players should have that right. But what about all the past players who were unlawfully denied that right? The money made off those players’ backs was in the hundreds of millions.”
Four former University of Michigan football players have filed a class action lawsuit against the NCAA and the Big Ten Network. Together, the athletes are seeking more than $50 million in damages, claiming that the two defendant organizations “wrongfully and unlawfully denied” them an opportunity to profit off their names, images, and likenesses.
The players, and their legal team, emphasized that the University of Michigan has not been named a defendant in the lawsuit.
“This is not a suit against the University of Michigan,” attorney Jim Acho told The Detroit News. “None of the many former players wanted to sue U.M. and neither did I.”
“It is the NCAA that perpetuated this wrong for decades,” Acho said.
Attorneys for the players have said that the NCAA and the Big Ten Network “systematically exploited … iconic moments” that the defendants, and other potential members of the class, created while playing football at the University of Michigan.
“Even after student-athletes have graduated, the NCAA, BTN, its partners and affiliates continue to exploit their names, images, and likenesses,” the lawsuit alleges. “This ongoing use includes replays of historical moments, promotional content, and merchandise sales, all of which generate significant revenue for the NCAA, its partners and affiliates without compensating the athletes.”
The complaint seeks compensation for student-athletes who played football at the Ann Arbor school before 2016.
“The NCAA knew for decades that preventing players from monetizing the one thing of value they have—their name—was wrongful and unlawful,” said Jim Acho, an attorney for the plaintiff players. “Today they recognize that players should have that right. But what about all the past players who were unlawfully denied that right? The money made off those players’ backs was in the hundreds of millions.”
“The players never saw a dime,” he said. “We are here to right that wrong.”
Acho said that the lawsuit was prompted by numerous former athletes—some of whom played at Michigan decades ago.
“Numerous former players over the past five decades asked me to file this, and after a lot of research we felt it was absolutely the right thing to do,” Acho said. “I expect former players from other noted programs will follow our lead and file similar lawsuits.”
The lawsuit seeks tens of millions of dollars in compensation, relief, and other damages.
“This Complaint aims to rectify Defendants’ systematic exploitation of Class Members by obtaining compensation for the commercial use of their personal attributes and an injunction to prevent future misappropriation,” the complaint states. “The relief sought includes declaratory and injunctive relief, compensatory and punitive damages, and an award of attorneys’ fees and costs.”
Sources
Former Michigan football players file lawsuit against NCAA, Big Ten Network
Four former Michigan football players file lawsuit against Big Ten Network, NCAA
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