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Who Actually Benefits From Athlete Agent Laws?

I have been provided the opportunity to sit in on a class taught by ESPN and Sports Illustrated writer Andrew Brandt that is called “Business and Legal Aspects of Professional Sports.” Brandt is teaching the class through Villanova University’s online offering, which makes it easy for anyone to access the content.  This article is part of a series of posts that I am crafting for Brandt’s class.

Sports LawAthlete agent laws exist across the United States.  They require agents to apply for certification if they wish to contact student-athletes for the purpose of entering into agency contracts whereby the agents may then market the athletes for professional service contracts and/or endorsement agreements.  The laws also include a prohibition on athlete agents providing anything of value to student-athletes.

Who benefits from these laws?  The NCAA would like you to believe that athletes stand to gain from the existence and implementation of these laws by various states.

According to the NCAA,

One of the most important benefits of the UAAA is the protection it affords for student-athletes. Some of the protections contained include prohibiting agents from giving false or misleading information or promises with the intent to induce a student-athlete into signing an agent contract. In addition, agents are prohibited from furnishing anything of value to a student-athlete before signing a contract. Further, an agent may not intentionally initiate contact with a student-athlete unless they are registered under the act. Also, for those student-athletes who do enter into a contract with an agent before their athletics eligibility expires, the act provides a student-athlete with the right to cancel the contract within 14 days. Finally, the contract must contain a notification to the student-athlete informing them that signing a contract may make the student-athlete ineligible for intercollegiate competition.

Do you really believe that?  How does a prohibition of contact with a non-licensed agent protect the student-athlete in any way?  In order to get licensed on a state-by-state basis, an agent must submit him/herself to a background check and pay a fee.  Does a clean record prevent those individuals from giving false or misleading information or promises?  How do you even determine if such information falls within that category of offenses?

Maybe there is foundation for student-athletes to not receive anything of value while enrolled in school.  However, their classmates sure can receive anything they wish generally without any concern for the consequences.  A prohibition on receiving items of value seems to be a detriment . . . not a benefit.

Here’s the kicker: the NCAA says that if a student-athlete agrees to be represented by an athlete agent, the student-athlete loses his/her eligibility to ever compete again in intercollegiate athletics.

At least the athlete has statutory recourse against an agent that wrongfully provides something of value and jeopardizes the athlete’s standing at his/her university, right?  Not so fast, my friend.  The Florida Athlete Agent Act provides a right for the educational institution to take action against the agent based on damages caused, but no such statutory right exists for the athlete.  In fact, the institution can also go after the athlete based on harm that was caused.

So much for this being primarily to benefit the athletes.

If you’re interested in learning more about Villanova’s online sports program, please visit VillanovaU.com/SABSponsor.

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.