An interesting development in the ongoing fight against the NCAA’s steadily diminishing case for maintaining amateurism has emerged. Apparently crowdfunding payment for student athletes is a thing. I won’t go too far into the weeds, but this option could have staying power.
FanPay or any other company does not need an NCAA rule change or court decision that allows athletes to profit off their NILs (Names, Images, Likeness). All they need is a court decision that says only the student-athlete may enforce or protect their NIL rights.
After such a decision and assuming no change in NCAA policy, institutions could send whatever cease and desist letters they want but it would be much more difficult to threaten actual legal action. A crowdfunding site might then be able to use student-athletes’ names, images, and likenesses to run campaigns with impunity.
Is FanPay on track to put Jeffrey Kessler in their shadow? Jay Jacobs is probably kicking himself for not thinking of this years ago.