Friday, October 30, 2026

Companies Are ‘Misleading’ Athletes About Settlement Money, House Lawyers Say

House v. NCAA plaintiff lawyers are asking a federal judge to intervene to prevent athletes from being manipulated by third-party companies offering claims-filing services.

Indiana quarterback Kurtis Rourke gazes into the crowd after the Hoosiers beat Michigan on Nov. 9, 2024, in Bloomington, Indiana.
Rich Janzaruk / USA TODAY NETWORK via Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

Several companies have sent “misleading” information to college athletes eligible to receive damage payments in the House v. NCAA settlement in an attempt to make money off them, according to a Tuesday court filing. Plaintiff counsel Steve Berman and Jeffrey Kessler are asking Northern District of California judge Claudia Wilken to intervene to prevent athletes from being manipulated by these third-party companies.

The dispute illustrates the difficulties athletes appear to be having with understanding the settlement, whether they may be eligible for damages, and how to obtain those payments—as well as which companies they should or shouldn’t trust to help them.

The settlement, which received preliminary approval Oct. 7, offers $2.8 billion in damage payments to current and former athletes who weren’t able to profit from NIL (name, image, and likeness) rules before 2021. The settlement also paves the way for a system of revenue-sharing, where schools can pay their athletes a total of up to $22 million in aggregate per year. Athletes have between now and the end of January to opt in or out of the settlement, which is eligible for final approval April 7.

Thousands of athletes qualify to receive damage claims, for payments ranging from just around $100 to tens of thousands. As is customary in class action settlements, eligible athletes are being contacted in multiple ways including emails and postcards, and a website has been launched to further inform them of the terms of the agreement. 

Companies offering “claims-filing services” have attempted to convince athletes that their services were necessary to obtain settlement payments, House v. NCAA plaintiff lawyers, led by Berman and Kessler wrote. These companies require athletes to pay for their services, and/or take a cut of the damage payments themselves. 

Berman and Kessler named one company in the filing: Profound Sports. They wrote the company “was using its website and internet publications to target Class Members and improperly stated, among other things, that (1) they ‘require a professional legal and claims team’ to participate in the Settlement; and (2) their damages settlement allocation is an ‘offer’ that they may negotiate,” the court filing said. “It also incorrectly stated that ‘[a]ll settlement cases where you were not specifically represented lead to lower payouts.’” 

Berman and Kessler wrote that all of these statements were “false” and “misleading,” and sent a cease-and-desist letter to Profound Sports requiring them to correct their statements in further communications with athletes, which they have done. 

“We have never misled a claimant, and this is an overreaction,” Profound Sports founder Luis Davila tells Front Office Sports. 

The company, which Davila describes as an NIL advisory company and investment management/advisory group, was asked by existing clients to help understand the settlement’s terms and obtain damages, Davila says. “Numerous professional athletes and legacy student-athletes have asked for support related to the notification, data collection, and filing process,” he says. “We were the ones who contacted the administrator to better understand the digital filing process. That is how the plaintiff’s counsel was made aware of us. Upon being contacted by Kessler’s team, I requested a call to better explain our position. That call was well received and we were asked to modify the website language.”

Davila says that, to date, all advisory services related to the House settlement have been offered pro bono.

To prevent companies from predatory practices against athletes, Berman and Kessler have proposed several solutions. They’re asking for a court mandate that all claims-filing services include disclaimers suggesting that their services aren’t a requirement to obtain damage payments, and that Profound Sports send this information to all of the previous athletes they’ve contacted and that athletes can void their contracts if necessary. 

“It is critically important that each and every Class Member receive truthful, accurate and objective information about the terms of the Settlement and be afforded a meaningful choice about whether or not to participate,” they wrote.

Predatory claims-filing services, or lenders, are relatively common in the sports landscape. In October, ESPN reported on a company founded by former NBA player Kendrick Perkins called Nilly, which offered to front money for athletes’ NIL payments provided they sign away their NIL rights to Nilly and hand over 10% to 15% of their NIL earnings. Financial service experts told ESPN that the business model “resembled high-interest loans” and raised concerns that they were predatory.” 

Davila says some of his own existing clients had been contacted by “questionable law firms and predatory asset purchase groups.” As a result, he has decided to offer his own option to give athletes cash for NIL upfront. “Our financing terms are significantly better for a receivable owner who is exploring the notion of selling their claim,” he says.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Outgoing Big 12 Commish: Multiple CFP Bids ‘Deserved’ As First Rankings Loom

The Big 12 is the only Power conference without a multi-bid season.

Florida-Georgia Rivalry Takes $18M Detour Through Atlanta

Tickets, which were split equally between fan bases, are sold out.
Online allegations that a Somali immigrant-run nonprofit registered 40 day care providers on the same day are unfounded, Ohio Gov. Mike DeWine said during a news conference Jan. 5, 2025.

Ohio Supreme Court Allows Players Fifth Year of Eligibility

The NCAA denounced the decision and vowed to continue fighting in court.

Brett Yormark to Step Down As Big 12 Commissioner

Yormark stabilized the conference through realignment and secured major deals.
podcast thumbnail mobile
Front Office Sports Today

10/30/26 – First WNBA Game 7, Utah Targets Kalshi Founders, Cowboys Cheerleaders Unionize

0:00

Featured Today

How Injuries Hit Pro Marathoners in the Wallet

Staying healthy can get expensive—quickly.
Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match
October 21, 2026

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
October 15, 2026

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.
Oct 5, 2026; Pittsburgh, Pennsylvania, USA; Pittsburgh Penguins general manager Kyle Dubas arrives at the arena before the Penguins host the Winnipeg Jets at PPG Paints Arena
October 12, 2026

NHL’s New Wave of GMs Is Built Different

“I am in the prediction business,” Devils GM Sunny Mehta tells FOS.
Oct 14, 2026; Birmingham, AL, USA; SEC Commissioner Greg Sankey speaks during the SEC Basketball Tipoff at Grand Bohemian Hotel Mountain Brook.
Exclusive
October 29, 2026

GOP Staffer Urged SEC to Support College Sports Bill Before Midterms

If the Democrats win the House, “you won’t see this bill… being considered.”
American Conference Commissioner Tim Pernetti watches during the first round American Conference Tournament game between Memphis and Tulane in Birmingham, Ala, on March 11, 2026.
October 29, 2026

Why Private Equity Is Still Hesitant to Invest in College Sports

There’s “plenty of money for the taking,” says Tim Pernetti.
Sponsored

How the New York Yankees Stay Game-Ready with Sage Intacct

See how Sage Intacct helps the Yankees streamline finances and plan for the future.
October 29, 2026

How Wisconsin’s $14.6M Boost Helped Fuel Badgers’ Resurgence

State debt relief helped Wisconsin free up millions for athletics spending.
October 24, 2026

CFB Coach Firings: NC State, Maryland, Baylor Owe More Than $30M

More costly coaching changes could follow as pressure mounts across college football.
October 23, 2026

Utah Is College Football’s PE Guinea Pig—and Its’ Cashing In

No. 10 Utah hosts No. 14 Houston on Saturday night.
October 23, 2026

Bowl Games Face Uncertain Future With a 24-Team CFP

College football bowl game viewership rose 13% year over year in 2025.