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Coaches Can Talk To Athletes On Twitter/FB. What About Agents?

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The NCAA has formally approved the use of Twitter for recruiting purposes.  This is definitely big news for college coaches, who will use Twitter to sent direct messages to high school recruits.  But what about agents?  Agents are bound by strict NCAA regulations that prohibit contact with a student athletes until a certain point of their collegiate careers (depending on the sport).  Now, can agents, like college coaches, use sites like Twitter and Facebook to talk to athletes of any age, as long as they follow specific instructions?  These are the instructions for coaches:

  1. On Twitter, stay away from @ comments.  Instead of reaching out to student-athletes by sending a message via @ reply, send it in a direct message.  This way, the conversation is 2-way and not open for all to see.
  2. On Facebook, stay away from wall posts.  Send messages to individuals, instead.  Again, this creates the 2-way convo and does not allow others to chime in.
  3. No problem being an athlete’s Friend on Facebook or Follower on Twitter.

Such Facebook messages and Twitter direct messages are considered to be the equivalent of an e-mail or blog post.  Interestingly, Instant Messages and text messages are still prohibited.  Almost anyone who uses Twitter on a phone receives Facebook and Twitter messages as texts…why make the distinction when there really is none?  A text is also kept private like a Direct Message on Twitter.  Is it because Facebook messages and Twitter DMs leave a trail, whereas texts are not kept on any type of server?  This way, just in case, the NCAA could sweep in and take over a student-athlete’s account and check on the messages going back and forth; something you cannot do with texts, which are often times deleted from a phone after roughly 15 days.

Anyway, NCAA Division I Bylaw 13.4.1.2 does not make it clear as to whether or not agents now have the same rights as coaches.  Anyone at the NCAA reading this that can fill us in?

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

4 replies on “Coaches Can Talk To Athletes On Twitter/FB. What About Agents?”

That’s interesting, because there is no reason to think that based on any regulations or action taken by a state/the NCAA. Especially with this new ruling by the NCAA regarding coaches, I wonder if anything has changed. Plus, who on the Agent Regulation Panel is saying this? And what was their reasoning. I’m still waiting for an official NCAA response.

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