• Loading stock data...
Wednesday, May 28, 2025

House v. NCAA Objections Highlight Three Major Concerns

The settlement has been hailed as a step in the right direction. But that doesn’t mean everyone is satisfied.

Nov 23, 2024; Kansas City, Missouri, USA; Colorado linebacker LaVonta Bentley (20) during gets set at his position during the 1st quarter between the Kansas Jayhawks and the Colorado Buffaloes at GEHA Field at Arrowhead Stadium.
Nick Tre. Smith-Imagn Images

The House v. NCAA settlement proposal—which would award athletes back-damages for missing out on NIL (name, image, and likeness) profits and set up a revenue-sharing system—has been hailed as a step in the right direction for college sports’ next era. But not everyone is happy with its terms.

As part of the settlement approval process, dozens of current and former Division I athletes, parents, and other stakeholders have filed objections before the Jan. 31 deadline. The three biggest concerns, according to court documents reviewed by Front Office Sports: roster limits, gender equity, and potential antitrust violations. 

“This is a class of hundreds of thousands of athletes,” plaintiff attorney Jeffrey Kessler tells Front Office Sports. “There are always going to be a tiny percentage of objectors. But the court’s task is to decide: Is this in the overall best interest of the class?” 

On April 7, Northern District of California judge Claudia Wilken will consider the objections and hear oral arguments during a “Fairness Hearing,” after which she’ll rule on whether to give the settlement the final stamp of approval.

Kessler says that more than 40,000 claims have already been filed in the case. He’s confident the settlement will ultimately be approved—despite the three main concerns.

Roster Limits

The majority of objections centered on what could be considered an “unintended consequence” of the settlement. One of the settlement’s terms would eliminate the NCAA’s limits on scholarships—but, in turn, would allow the governing body to impose overall roster limits. 

Current and former athletes, as well as their parents, have written to Judge Wilken saying the NCAA’s imposed roster limits will cause players to lose walk-on or partial scholarship spots across many sports. There is evidence that, across the country, schools have already begun revoking offers to prospective recruits in anticipation of these new roster limits, according to a previous Yahoo Sports report. 

“Football teams like mine, which often carry more than 105 players, will have no choice but to ask dozens of student-athletes to leave,” Colorado walk-on football player Camden Dempsey wrote in an objection letter filed Jan. 1 that was co-signed by 43 other athletes from the Big 12. “At Colorado, this will mean cutting players who have, for years, shown up for early morning workouts, endured the grind of practice, and given everything to the team. This issue extends across all sports and institutions, putting thousands of student-athletes in jeopardy. … Walk-ons who are cut also will face real, concrete, and immediate, financial damages as many walk-ons have worked to arrange NIL deals and create businesses.” 

Dempsey, for his part, suggested a “grandfathering provision” to exempt current athletes from losing their roster spots if House is approved. But others have asked to abandon roster limits altogether.

In response to this concern, Kessler clarifies the settlement doesn’t require or put in place any specific roster limits—it simply allows the NCAA to create them. “If the NCAA doesn’t want to have roster limits, it is totally free not to have roster limits,” he says, adding that the settlement doesn’t protect the NCAA from future litigation over roster limits, either.

Gender Equity

The formula for distributing $2.8 billion in back-damages is based on exposure and media value. So it’s no surprise that athletes from the two “revenue-earning” sports—football and men’s basketball—will receive significantly more compensation than everyone else. 

Several groups of women’s sports athletes have challenged the settlement, pointing out gender inequities in the damages and revenue-sharing. “Class Counsel proclaim they have negotiated a ‘revolutionary settlement agreement’ that will ‘reshape the economic landscape of college sports’ and benefit future college athletes,’” seven female rowers wrote in an objection filed before the preliminary approval hearing in September. “True – but only for male football and basketball players.”

During that hearing, plaintiff lawyers addressed this issue, noting the damages were based on the “real world”—which was, unfortunately, riddled with gender inequities that have been well documented. Issues with the NCAA’s gender equity failures should be the subject of separate litigation, they said.

Kessler notes he supports Title IX but reiterates: “This is an antitrust case—it cannot resolve the gender equity issues.” But he reiterates that if the Department of Education requires schools to share revenue equitably among women’s and men’s sports athletes, then they’ll have to do so.

New Antitrust Issues

While the settlement sets up a revenue-sharing formula for athletes, it also imposes new restrictions. For example, it imposes a revenue-sharing cap of $20.5 million per school—a number that will increase incrementally over the next 10 years.

Just days before President Donald Trump took office, the Biden Administration’s U.S. Department of Justice filed a statement of interest asking Judge Wilken to block the settlement because it allows for a cap on revenue-sharing. In a scathing, 11-page document, the DOJ said the revenue-sharing agreement “still calls for an artificial price cap on what free market competition may otherwise yield.” 

The statement of interest is not a formal objection, given the DOJ does not qualify as a plaintiff. And despite the weight the federal justice department can hold in court, Kessler doesn’t believe it will be enough to sway Wilken’s opinion. Kessler also notes the DOJ is free to sue the NCAA itself in the future if it so chooses.

“It is ironic for the DOJ to file these comments,” Kessler says. “For 50 years, it could have challenged the NCAA restrictions. … And it did nothing.”

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Arizona Father-Son Duo Plead Guilty to $280 Million Sportsplex Fraud

Randy Miller and his son Chad conned multiple investment firms. 
Vince McMahon

Former WWE Exec Flips on Vince McMahon in Sex Abuse Lawsuit

Janel Grant and John Laurinaitis announced their settlement Wednesday.
Mar 16, 2025; Fort Worth, TX, USA; UAB Blazers forward Yaxel Lendeborg (3) drives to the basket as Memphis Tigers forward Nicholas Jourdain (2) defends during the first half at Dickies Arena.

Prospects Picking College Over NBA Draft at Record Rate

The 2025 NBA draft has its lowest number of early entrants since 2015.

Featured Today

How Rolex Paved the Way for Luxury’s Love Affair With Tennis

“It’s almost impossible to think about tennis without thinking about Rolex.”
Mar 23, 2025; Miami, FL, USA; Alexandra Eala (PHI) reacts after winning a point against Madison Keys (USA)(not pictured) on day six of the Miami Open at Hard Rock Stadium.
May 24, 2025

Alex Eala Is Defying Her Country’s Odds to Make French Open History

The Philippines native has overcome a unique set of financial odds.
May 24, 2025

Indiana Is the Center of the Basketball Universe—Thanks to Both Pro Teams

The Fever and Pacers are thriving at the same time.
Around the Horn - October 26, 2020
May 23, 2025

‘Quirky, Nutty, Bombastic’: 10 ‘Around the Horn’ Faces on Their Top Moments

“A quirky, nutty, bombastic, mostly wrong, sometimes right, crazy sports family.”
Tennessee pitcher Brayden Krenzel (34) pitches during a NCAA baseball game between the Tennessee Volunteers and Vanderbilt Commodores at Lindsey Nelson Stadium on May 11, 2025.

SEC Stranglehold on College Baseball Continues

SEC schools will host eight of the 16 regionals set to start this weekend.
May 22, 2025

New CFP Seeding Rewards Rankings, Not Titles—Except on the Paycheck

Last season, only conference champions could earn first-round byes.
May 22, 2025

Can Golf Emulate the College World Series Model?

Carlsbad, Calif., is hosting the event through 2028.
Sponsored

Game On: Portfolio Players Stories, Brought to You by E*TRADE from Morgan Stanley

In Episode 7 of Portfolio Players, go inside the boardroom with Avenue Capital CEO and former Milwaukee Bucks co-owner Marc Lasry on Giannis’s future, women’s sports, and upstart leagues like TGL and Unrivaled. 
BYU QB
May 22, 2025

Woman Says Police Discouraged Rape Claim Against BYU Quarterback

The Provo police department denies her account.
Nov 23, 2024; Austin, Texas, USA; Texas Longhorns running back Quintrevion Wisner (26) is tackled by Kentucky Wildcats defensive back Alex Afari Jr.(3) during the first half at Darrell K Royal-Texas Memorial Stadium.
May 21, 2025

Some Schools Concerned About Memo Binding Them to House Settlement

The memo would attempt to prevent the schools from suing the conferences.
Ziegler
May 21, 2025

Tennessee Guard Sues to Play Fifth Year of College Basketball, Citing NIL..

Zeigler was a four-year player at Tennessee and third-team All-American.
Mar 8, 2025; Athens, Georgia, USA; Georgia Bulldogs guard Tyrin Lawrence (7) shoots over Vanderbilt Commodores forward Devin McGlockton (99) during the first half at Stegeman Coliseum.
May 20, 2025

Charlie Baker: Power Conferences Will Enforce House Settlement, Not the NCAA

The NCAA will cede enforcement of amateurism to the power conferences.