New NIL Enforcement Targets Collectives, deals must serve ‘valid business purpose’

[upnorthkid]

Locally, he is a big name to get. Koi would seem like a name to get. Outside of Gable who is getting their NIL out there, locally? Gable is no longer a college athlete.

Otter Tail County has been using athletic in promotions. https://twitter.com/OtterTailCounty

Hard to get NIL in MN with all the professional athletes in town.

There are gopher lineman on billboards heading towards Rogers (can’t remember the brewpub/restaurant), Snuggy doing spots for the weather, Brosmer had shirts and hats. Mo had his gushers deal. There are a lot of players also doing things on Instagram and other social media.

Youre absolutely right they’re at a disadvantage in a heavily saturated pro market

 

[GopherGrit]

The NCAA Wheel of Random Decisions formerly used for granting extra years of eligibility will have to be brought back.

Except now it's a private company whose business is auditing

 

[SeaBee_Gopher]

There are gopher lineman on billboards heading towards Rogers (can’t remember the brewpub/restaurant), Snuggy doing spots for the weather, Brosmer had shirts and hats. Mo had his gushers deal. There are a lot of players also doing things on Instagram and other social media.

Youre absolutely right they’re at a disadvantage in a heavily saturated pro market

NIL will be a real weakness for the Gophers anyway vs. their peers. The last episode of Gopher Gridiron Radio podcast was very interesting. They had an expert on that said even though Fleck is still bottom half of B1G in salary he's top half in regards to percentage based on how much money the school has to work with. He said the Gophers are around 15th in total revenue generated and will likely stay there. They are not on the same level with revenue generation as their peers like Nebraska, Iowa and Wisconsin as far as stadium revenue generation, etc. Being in such a saturated sports market is a big part of the problem.

 

[GopherTheJugular]

Except now it's a private company whose business is auditing

Good point. I'm waiting for the time when the Supreme Court rules some 3rd party can't just strike down NIL deals - then the inevitable lawsuits from the athletes who are getting rejected now, claiming that they suffered irreparable financial harm from Deloitte striking them down.

 

[A_Slab_of_Bacon]

That's why the schools have hired Deloitte to audit these deals.

If you can so quickly and easily diagnose your above hypothetical scenario as a sham ... then surely they can as well.

And, perhaps more importantly, they can diagnose that the amount being paid for doing that (very little bit of work) is out of proportion, and deny it on those grounds.

$5000 for that? OK, perhaps. $1million for that? No way

I'm not convinced Deloitte has some magical standing here to prevail.

The only rules I have any confidence in are some of the basic ones that exist within any advertising contract, deals off if you do something horrible, no porn, etc. Beyond that I'm not at all sure what the basis is that the NCAA says "your NIL deal is too good".

The market might be skewed, but that's still the market.

The only thing I can think of is the NCAA feels they have friends in the federal government willing to lay down some rules that make this more feasible to pull off legally. Otherwise SCOTUS already let the genie out of the bottle with the wonderful caveat of "lol we might even allow more, who knows, k bye lol"

 

[GopherTheJugular]

The only thing I can think of is the NCAA feels they have friends in the federal government willing to lay down some rules that make this more feasible to pull off legally. Otherwise SCOTUS already let the genie out of the bottle with the wonderful caveat of "lol we might even allow more, who knows, k bye lol"

I'm having trouble grasping what type of law they could even pass that wouldn't be struck down. If they said college artists can only accept certain types of compensation, etc. or college musicians, they'd be laughed at for even bringing it up. But somehow some people think they can control college athletes who have not voluntarily agreed to any restrictions like NFL athletes do.

It was illegal for the NCAA to do what they were doing, but since they got away with it for decades, some seem to think they just need to approach from a different angle. Wrong.

 

[A_Slab_of_Bacon]

I'm having trouble grasping what type of law they could even pass that wouldn't be struck down. If they said college artists can only accept certain types of compensation, etc. or college musicians, they'd be laughed at for even bringing it up. But somehow some people think they can control college athletes who have not voluntarily agreed to any restrictions like NFL athletes do.

It was illegal for the NCAA to do what they were doing, but since they got away with it for decades, some seem to think they just need to approach from a different angle. Wrong.

I agree, it seems legally questionable ... but who knows these days ...

The NCAA all but quit on enforcement outside some token efforts and I've heard news reports that some in the federal government and congress are interested in getting involved. In the meantime we have the NCAA now deciding to get involved in what is arguably a more difficult aspect to enforce ...

Whole situation is weird.

I'm with you, no idea where they're going or what this seeming resurgent NCAA enforcement is about.