Private right of action

(a) In general The Sports Agent Responsibility and Trust Act (15 U.S.C. 7801 et seq.) is amended by inserting after section 5 the following: 5A. Private right of action (a) In general Any current or former student athlete alleging a violation of this Act by an athlete agent (other than a violation of section 6(a)) may bring a civil action against such athlete agent in an appropriate district court of the United States or in an appropriate State court. (b) Relief In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award— (1) actual damages; (2) reasonable attorney’s fees and litigation costs; and (3) injunctive, equitable, or declaratory relief, that the court determines appropriate. (c) Invalidity of pre-Dispute arbitration agreements and pre-Dispute joint action waivers (1) In general Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable against a student athlete with respect to a dispute arising under this Act. (2) Applicability Any determination as to whether or how paragraph (1) applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether the agreement or waiver that is the subject of the dispute purports to delegate such determination to an arbitrator. (3) Definitions In this subsection: (A) Pre-dispute arbitration agreement The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement. (B) Pre-dispute joint-action waiver The term pre-dispute joint-action waiver means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.. (b) Clerical amendment The table of contents for the Sports Agent Responsibility and Trust Act is amended by inserting after the item relating to section 5 the following: Sec. 5A. Private right of action..