Private right of action

(a) Violations A person may file a civil action in an appropriate district court of the United States or in an appropriate State court only for a violation of the following: (1) Subsections (a) and (c) of section 101. (2) Section 104. (3) Section 105. (4) Section 106. (5) Section 107. (6) Section 108. (7) Section 109. (8) Section 111. (9) Section 112, only to the extent the claim— (A) alleges an intercollegiate athletic association, a conference, or an institution has not complied with the transfer standard set forth in section 112; (B) is filed against a Division I, Division II, or Division III institution, as defined by bylaw 20 of the National Collegiate Athletic Association as of the date of the enactment of this Act, or an intercollegiate athletic association or a conference comprised of any such institutions; and (C) is filed in an appropriate district court of the United States. (10) Section 113, only to the extent the claim— (A) alleges an intercollegiate athletic association, a conference, or an institution has not complied with the eligibility standard set forth in section 113; (B) is filed against a Division I, Division II, or Division III institution, as defined by bylaw 20 of the National Collegiate Athletic Association as of the date of the enactment of this Act, or an intercollegiate athletic association or a conference comprised of any such institutions; and (C) is filed in an appropriate district court of the United States. (11) Section 114(b). (b) Limitation The protection from antitrust liability set forth in section 118 shall not be limited by a private right of action filed under subsection (a). (c) Relief (1) In general In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award the plaintiff— (A) actual damages; and (B) any other relief, including equitable relief or declaratory relief, that the court determines appropriate. (2) Attorney’s fees and costs In a civil action brought under subsection (a), the court may, in its discretion, award reasonable attorney’s fees and litigation costs to the prevailing party. (d) Limitation on pre-Dispute agreements and waivers (1) Pre-dispute arbitration agreement (A) In general Notwithstanding any other provision of law, no intercollegiate athletic association, conference, or institution shall include a pre-dispute arbitration agreement (as defined in section 401 of title 9, United States Code) in an agreement with a student athlete regarding a provision of this title or an amendment made by this title. (B) Treatment of claim If a claim for a violation of this title arises, a student athlete has the option to arbitrate the dispute if the intercollegiate athletic association, conference, or institution agrees to the arbitration. (2) Pre-dispute joint-action waiver Notwithstanding any other provision of law, no intercollegiate athletic association or conference shall enforce a pre-dispute joint-action waiver (as defined in section 401 of title 9, United States Code) against a student athlete or group of student athletes with respect to a dispute arising under this title or an amendment made to this title, so long as there are not fewer than 7 named plaintiffs. (e) Disputes arising from enforcement of Injunctive Relief Settlement Notwithstanding subsection (d)— (1) a claim made by any entity or individual subject to the injunctive relief provisions in In Re College Athlete NIL Legislation, No. 20–cv–03919 (N.D. Cal. June 6, 2025), regarding whether a name, image, or likeness agreement is for a valid business purpose shall follow the procedure set forth in article 6, section 2, of such settlement; and (2) in any dispute regarding whether an institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity complied with paragraph (1) or (2) of section 114(a), an institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity shall follow the procedure set forth in article 6, section 2 of In Re College Athlete NIL Legislation, No. 20–cv–03919 (N.D. Cal. June 6, 2025). (f) Notice requirement for civil actions (1) In general A civil action may be brought by a person under this section only if, prior to filing such action, the plaintiff provides to the defendant 60 days written notice identifying the specific provisions set forth in subsection (a) that the plaintiff alleges have been or are being violated. (2) Effect of cure In the event a cure is possible, if, within the 60-day period under paragraph (1), the defendant cures the violation and provides the plaintiff with an express written statement that the violation has been cured and no such further violation shall occur, an action shall not be permitted.

(a) Violations A person may file a civil action in an appropriate district court of the United States or in an appropriate State court only for a violation of the following: (1) Subsections (a) and (c) of section 101. (2) Section 104. (3) Section 105. (4) Section 106. (5) Section 107. (6) Section 108. (7) Section 109. (8) Section 111. (9) Section 112, only to the extent the claim— (A) alleges an intercollegiate athletic association, a conference, or an institution has not complied with the transfer standard set forth in section 112; (B) is filed against a Division I, Division II, or Division III institution, as defined by bylaw 20 of the National Collegiate Athletic Association as of the date of the enactment of this Act, or an intercollegiate athletic association or a conference comprised of any such institutions; and (C) is filed in an appropriate district court of the United States. (10) Section 113, only to the extent the claim— (A) alleges an intercollegiate athletic association, a conference, or an institution has not complied with the eligibility standard set forth in section 113; (B) is filed against a Division I or Division II institution, as defined by bylaw 20 of the National Collegiate Athletic Association as of the date of the enactment of this Act, or an intercollegiate athletic association or a conference comprised of any such institutions; and (C) is filed in an appropriate district court of the United States. (11) Section 114(b). (b) Limitation The protection from antitrust liability set forth in section 118 shall not be limited by a private right of action filed under subsection (a). (c) Relief In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award the plaintiff— (1) actual damages; and (2) any other relief, including equitable relief or declaratory relief, that the court determines appropriate (including attorney’s fees, if otherwise allowed under applicable law). (d) Limitation on pre-dispute agreements and waivers (1) Pre-dispute arbitration agreement (A) In general Notwithstanding any other provision of law, no intercollegiate athletic association, conference, or institution shall include a pre-dispute arbitration agreement (as defined in section 401 of title 9, United States Code) in an agreement with a student athlete regarding a provision of this title or an amendment made to this title. (B) Treatment of claim If a claim for a violation of this title arises, a student athlete has the option to arbitrate the dispute if the intercollegiate athletic association, conference, or institution agrees to the arbitration. (2) Pre-dispute joint-action waiver Notwithstanding any other provision of law, no intercollegiate athletic association or conference shall enforce a pre-dispute joint-action waiver (as defined in section 401 of title 9, United States Code) against a student athlete or group of student athletes with respect to a dispute arising under this title or an amendment made to this title, so long as there are not fewer than 7 named plaintiffs. (e) Disputes arising from enforcement of Injunctive Relief Settlement Notwithstanding subsection (d)— (1) a claim made by any entity or individual subject to the injunctive relief provisions in In Re College Athlete NIL Litigation, No. 20–cv–03919 (N.D. Cal. June 6, 2025), regarding whether a name, image, or likeness agreement is for a valid business purpose shall follow the procedure set forth in article 6, section 2, of such settlement; and (2) in any dispute regarding whether an institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity complied with paragraph (1) or (2) of section 114(a), an institution, an employee of an institution, a volunteer of an institution, a conference, an employee of a conference, or an associated entity shall follow the procedure set forth in article 6, section 2 of In Re College Athlete NIL Litigation, No. 20–cv–03919 (N.D. Cal. June 6, 2025). (f) Notice requirement for civil actions (1) In general A civil action may be brought by a person under this section only if, prior to filing such action, the plaintiff provides to the defendant 30 days written notice identifying the specific provisions set forth in subsection (a) that the plaintiff alleges have been or are being violated. (2) Effect of cure In the event a cure is possible, if, within the 30-day period under paragraph (1), the defendant cures the violation and provides the plaintiff with an express written statement that the violation has been cured and no such further violation shall occur, an action shall not be permitted. (3) Exception Paragraphs (1) and (2) shall not apply to any civil action that is based in whole or in part on allegations of physical injury, death, or sexual abuse or misconduct.