• Loading stock data...
Monday, July 14, 2025

The House v. NCAA Settlement Looks Like a CBA. But It Isn’t

  • Several industry stakeholders tell FOS athletes aren’t adequately represented in the House v. NCAA settlement.
  • The settlement includes elements normally negotiated through only collective bargaining.
Clemson kicker Hogan Morton (47) and kicker Quinn Castner (36) warm up before kickoff with Georgia Tech Nov 11, 2023; Clemson, South Carolina, USA; at Memorial Stadium.
Ken Ruinard / USA TODAY NETWORK

The House v. NCAA settlement has been presented as a major step toward increasing college athletes’ economic rights—and many industry stakeholders agree the revenue-sharing component is a particularly huge win for players.

But the settlement goes far beyond the scope of the original lawsuit, covering issues normally negotiated through only players’ unions. Front Office Sports spoke with several industry stakeholders who say the settlement is actually attempting to be a collective bargaining agreement—despite the fact athletes don’t have a union to negotiate on their behalf. 

“This settlement is a new set of guardrails,” Jim Cavale, founder of athlete advocacy group Athletes.org, tells FOS. “And if the athletes aren’t involved in negotiating … it’s unfair. And we’re going to end up right back where we are.”

When players enter into a CBA in the pros, a professional union represents them. But in this case, lawyers for a specific set of plaintiffs are negotiating the terms of the settlement. The named plaintiffs chose their lawyers, of course, but the rest of Division I athletes—who would be impacted by the settlement in some way—did not. 

As a result, athletes are uninformed about the terms of the settlement, say lawyers and athlete advocates, and many are unaware that a settlement conversation potentially impacting them is taking place at all. Groups of players have submitted multiple objections—but most are already suing the NCAA, and therefore more informed than the average athlete.

“The athletes who it’s impacting the most had no say in it,”  Russell White, president of The Collective Association, tells FOS. “They had little to no input. Most of them don’t understand what’s in it, and what that actually means for them as a current athlete or an incoming athlete. And I think that’s a shame.”

If fewer athletes are aware of the settlement, there are fewer opportunities to challenge it. “I think that’s intentional,” Cavale says. “I think the schools don’t expect the athletes to inform themselves on this.” 

Fairness is just one issue. Without a collective bargaining process, several elements of the settlement may not withstand future legal challenges.

Take the cap on revenue sharing. The settlement uses a formula to determine the maximum amount of money a school can share with athletes (around $22 million). It’s reminiscent of a salary cap, which usually isn’t legal under antitrust law without collective bargaining. Third parties, or athletes who opt out of the deal, could challenge that ceiling in future litigation, says sports attorney Mit Winter. 

The settlement would also try to curb the power of NIL (name, image, and likeness) collectives by allowing a third party to police NIL deals that are more than $600—a restriction that doesn’t exist anywhere in U.S. pro sports, and which lawyers and collective operators expect to be challenged in court.

Plaintiff lawyers have said in court documents that the settlement isn’t a CBA, and that it could be renegotiated if players can one day form a union. They’ve also reiterated that the settlement doesn’t protect the NCAA from all types of lawsuits in the future, particularly those related to athlete employment status. 

But the NCAA, for its part, wants to turn the House settlement into a permanent governing document for D-I college sports: The organization is urging Congress to codify it into law, and add other provisions that would keep the NCAA from having to reform further. “This settlement is also a road map for college sports leaders and Congress to ensure this uniquely American institution can continue to provide unmatched opportunity for millions of students,” the five commissioners and NCAA president Charlie Baker said in a joint statement in May.

But short of a federal law, the NCAA won’t be able to skirt around negotiating with players for much longer. Sports attorney and New York Law School professor Dan Lust tells FOS: “This settlement is incapable of replacing what is a collective action by a union.”

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Lane Kiffin: ‘Doesn’t Seem’ Like CFB Revenue-Sharing Cap Works Very Well

The outspoken Ole Miss football coach isn’t impressed with revenue-sharing guidelines.
Joy Taylor

Joy Taylor Out As FS1 Armageddon Ends Three Shows

All three shows were struggling to attract audiences.
Phillies

Replacements Have MLB at Whopping 80 All-Stars

Players have criticized the replacement process as a popularity contest. 

Featured Today

May 31, 2025; Philadelphia, PA, USA; Sydney McLaughin-Levrone (USA) reacts before the women's 100m hurdles during the Grand Slam Track Philadelphia at Franklin Field
exclusive

Track’s New Money Is Running Into Old Problems

The sport’s big-money era has hit some speed bumps in 2025.
Bobbleheads are seen at Vintage Indy Sports, Tuesday, April 29, 2025 in Speedway. The local sports memorabilia store opened recently.
July 12, 2025

Baseball’s Bobbleheads Are the Center of the Collectibles Universe

Baseball’s most important keepsake drives long lines—and big business.
Rimouski, QC - JUNE 1: Final Game of the 2025 Memorial Cup between the Medicine Hats Tigers and the London Knights on June 1, 2025, at the Colisée Financière Sun Life in Rimouski, Qc.
July 11, 2025

CHL Is Facing a ‘Pandora’s Box’ of Questions Amid NCAA Talent Departure

As players defect to college, the Canadian Hockey League won’t cede ground.
Jun 28, 2025; Arlington, Texas, USA; Seattle Mariners catcher Cal Raleigh (29) bats during the game between the Texas Rangers and the Seattle Mariners at Globe Life Field.
July 9, 2025

The Torpedo Bat Business Is Still Going Strong: ‘Here to Stay’

Demand for the oddly shaped bats has stayed strong across the sport.

SEC’s Sankey Is ‘Fine’ With Big Ten’s Differing View on CFP Expansion

SEC commissioner Greg Sankey won’t commit to a 2026 CFP format.
July 11, 2025

NCAA: March Madness Expansion to 76 Teams ‘Still Viable’ for 2026

Negotiations continue with media rights holder CBS and TNT Sports.
July 14, 2025

SEC’s Greg Sankey: Conference Not Sold on Private Equity—for Now

SEC commissioner Greg Sankey said he’s taken PE meetings.
Sponsored

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

Dealmaker Jeffrey Kaplan maps the evolution of sports as an asset class
The Florida State Seminoles hosted the Florida Gators at Doak Campbell Stadium on Saturday, Nov. 30, 2024.
July 10, 2025

Athletic Departments Express Renewed Interest in PE in Wake of House Settlement

Schools now have more expenses—and are looking for creative solutions.
July 10, 2025

Deion Sanders Rips ‘Bulljunk’ in CFB, Calls for NFL-Style Salary Cap

Coach Prime is frustrated with the new revenue-sharing era.
Apr 4, 2025; Tampa, FL, USA; Connecticut Huskies guard KK Arnold (2)1 dribbles against UCLA Bruins forward Angela Dugalic (32) during the third quarter in a semifinal of the women's 2025 NCAA tournament at Amalie Arena.
July 10, 2025

‘Kind of a Joke’: Frustrations Mount As New NIL Deal Approval Process..

Delays have already led to athletes losing NIL opportunities.
Jul 9, 2025; Frisco, TX, USA; Head coaches Willie Fritz of Houston, Mike Gundy of Oklahoma State, Rich Rodriguez of West Virginia, Lance Leipold of Kansas, Sonny Dykes of TCU, Kyle Whittingham of Utah, Brent Brennan of Arizona and Deion Sanders of Colorado all sit on stage for a Coaches Roundtable during 2025 Big 12 Football Media Days at The Star.
July 9, 2025

Big 12 Commish: Conference Is ‘All In’ on International Expansion

The conference had once planned a large initiative in Mexico.