Confused about what you can and can't do as a student-athlete under the new NIL (Name, Image, Likeness) rules? You're not alone. The landscape of college sports has changed rapidly over the last three years, and the pace has left the system in utter chaos. No one—not the NCAA, not individual schools, not even the courts—quite knows what to do at this point or how things will ultimately shake out.

Here's what we can tell you, though. The Lento Law Firm always has your best interests at heart. We're dedicated to making sure students, especially student-athletes, are treated fairly and get the justice they deserve. Schools have attorneys, the NCAA certainly has attorneys, and everyone says they're looking out for you. You need your own representation, someone who can sort through all the rhetoric and protect your rights.

To find out more about what we the Lento Law Firm's Education Law Team can do for you, call 888-535-3686 or use our automated online form to tell us about your situation.

The Alston Fallout

It started with the Supreme Court's Alston decision in 2021. That decision was narrow in scope. It did not authorize schools to pay athletes, but it did allow them to provide athletes with "educated-related benefits." That phrase was broad enough to allow both sides of the debate to claim victory. The NCAA insisted it could still regulate "monetary compensation" to student-athletes. Schools and athletes insisted the court's decision—and the fact that the decision was unanimous—made clear that none of the NCAA's old rules were tenable any longer.

To its credit, the NCAA itself changed its own rules in light of the Alston decision to allow student-athletes monetary control over their own Names, Images, and Likenesses. That did little to resolve the many questions that still remain over what constitutes "fair" when it comes to college athletics.

Now, three years later, the two sides have collided once again. In January 2024, the NCAA initiated an investigation against the University of Tennessee for what it calls "recruitment violations." In simple terms, athletic programs like the one at Tennessee are promising lucrative NIL deals as part of recruitment packages. The NCAA has traditionally barred such promises and, in general, maintains a tight rein over all recruiting practices. Athletic booster organizations, for instance, are prohibited from any involvement in recruitment.

The NCAA argues that it protects the interests of athletes and ensures that no one can exploit them. Additionally, it points out that the use of NIL incentives in recruitment would further reinforce an unequal playing field between the larger and smaller schools and larger and smaller conferences.

The University of Tennessee and other large programs across the country argue that the NCAA's current rules amount to an end-around of the Supreme Court's decision. If the NCAA can't regulate what athletes can do with their NIL once they're students, it shouldn't be able to prevent schools from working with students to maximize their NIL earning potential.

The schools say they're trying to help student-athletes make more money. The NCAA says it's trying to prevent schools from exploiting student-athletes.

Who's right? Unfortunately, that's impossible to say, at least in any general sense. In the midst of chaos like this, the answer depends on the specifics of each individual situation, and no two student-athletes situations are going to be alike.

Trust the Lento Law Firm

Here's the one thing you can unquestionably count on: the Lento Law Firm's Education Law Team is on your side and has your best interests at heart. We can't say what those are without considering the specific facts in your case. We promise, though, to sit down with you and listen, to gather all the information available, and to come up with a plan that will protect you and maximize your benefit as a student-athlete.

To find out more, call 888-535-3686 today or use the automated online form.