Four former Michigan State football players, including Braylon Edwards and Denard Robinson, have filed a class action lawsuit against the NCAA and Big Ten Network seeking more than $50 million in damages for “unlawfully denying” them the right to monetize their name, image and likeness.
As of July 2021, college athletes can profit from their name, image and likeness (NIL). According to the lawsuit, this affects football players before June 15, 2016, “whose image or likeness was used in a video posted or licensed by the NCAA, Big Ten Network and their partners.” The former players say they are entitled to “a present and future share of all revenues generated from the use of their personality rights,” which includes but is not limited to NIL.
The 73-page complaint by attorney Jim Acho of Livonia-based Cummings, McClorey, Davis and Acho PLC was filed Tuesday morning in U.S. District Court for the Eastern District of Michigan.
The class action lawsuit is on behalf of former Michigan State football players who played before 2016 and seeks to “right a wrong that has been done to college athletes for decades,” the lawsuit states.
“This is not a lawsuit against the University of Michigan,” Acho told The Detroit News. “None of the many former players wanted to sue UM and neither did I. It is the NCAA that perpetuated this injustice for decades. They knew it was wrong to prevent players from capitalizing on the most valuable thing they have – their name and image. For the current players, that has been corrected, but the NCAA must correct the mistakes of the past. Today is the day of redemption.”
Saquandra Heath, NCAA deputy director of external communications, responded to The Detroit News’ question about the lawsuit: “We have no comment at this time.” The Big Ten Network has not yet responded to a message from The News.
Acho represents Edwards, Robinson, Mike Martin and Shawn Crable in the lawsuit, which he says is the first of its kind filed by former college football players.
“Numerous former players have asked me to file this over the last five decades, and after a lot of research, we felt it was absolutely the right thing to do,” said Acho, who has successfully represented NFL Hall of Fame players such as Gale Sayers, Pat Summerall and Lem Barney in concussion class action lawsuits in the past. “I expect former players from other well-known football programs will follow our lead and file similar lawsuits.”
More: Former UM captain Mike Martin explains why he is part of the lawsuit against NCAA and Big Ten Network
The complaint alleges that the NCAA and Big Ten Network monetized plays by the four players who filed the lawsuit, as well as other former Michigan football players, by “broadcasting, promoting and selling merchandise for their performances” without their consent to the lawsuit and without receiving any financial compensation. BTN has broadcast “classic” Michigan football games since 2006.
Detroit-based criminal defense attorney Bill Swor said it’s good that “athletes are standing up for themselves,” noting that they take “huge risks” with their health on the field.
If someone wants to use musician Neil Young’s image in a commercial product, they have to pay for it, he said. “Why should Neil Young be compensated and not Denard Robinson?” Swor asked.
However, he was not sure whether the former UM athletes would have a chance of success in court.
“If I could guess that…” said Swor, “I would be at the casino every day.”
“I just think it’s both legal and fair that they should be compensated for the benefits they get,” he said.
In May, the NCAA and the power conferences agreed to settle House v. NCAA and two similar cases involving college athlete compensation rules. Under the agreement, the NCAA will pay nearly $3 billion to former and current college athletes who have been denied the right to earn money through NIL since 2016.
“We’re doing this because it’s not fair what we’ve had to go through, just like all the other athletes,” Martin, who captained the team in 2011, told The Detroit News. “The recent $2.8 billion settlement with a 2016 deadline also got me thinking, because it’s like, what about all the guys before 2016?”
Robinson, a former Michigan quarterback who still holds several program records, is most famous for appearing on the cover of EA Sports’ popular NCAA Football 14, which was released in July 2013 and for which he never earned any money. Robinson played quarterback for the Wolverines from 2009 to 2012 and was known as “Shoelace” because he played without his shoelaces tied. He holds the NCAA record for most rushing yards by a quarterback.
Edwards was a receiver at Michigan from 2001-04 and was awarded the Biletnikoff Award, given to the nation’s top receiver, in his final season. Martin was a defensive lineman at Michigan from 2008-11 and started 37 games. Crable was a linebacker at Michigan from 2003-07 and was named to the All-Big Ten second team in his final year.
“This action seeks to correct Defendants’ systematic exploitation of the Class’ members by obtaining compensation for the commercial use of their personal properties and an injunction to prevent future misappropriation,” the suit states. “The relief sought includes declaratory and injunctive relief, compensatory and punitive damages, and reimbursement of attorneys’ fees and costs.”
The NCAA and its “named and unnamed co-conspirators,” according to the lawsuit, intentionally abused the privacy rights of Robinson, Martin, Edwards, Crable and other class members by using their names, images and likenesses for commercial purposes without their consent or compensation. The NCAA earned revenue while “depriving student-athletes of their rightful earnings. Such actions clearly constitute a violation of antitrust law.”
The case was assigned to federal judge Terrence Berg.
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Editor Anne Snabes contributed.
