Agents and Amateurisim
The NCAA supports the Uniform Athlete Agents Act (UAAA) and its adoption in every state. There can be significant damage resulting from the impermissible and oftentimes illegal practices of some athlete agents. Violations of NCAA agent legislation impact the eligibility of student-athletes for further participation in NCAA competition. Violations also may result in harsh penalties on the team and the university (including the imposition of NCAA sanctions that have resulted in the repayment of monies received from NCAA championship competition, forfeiture of contests and other penalties). The UAAA is an important tool in regulating the activities of athlete agents and protecting NCAA student-athletes and member institutions.
The NCAA also supports the Sports Agent Responsibility and Trust Act (SPARTA) as another viable tool, that can be used to combat the improper and illegal conduct of some athlete agents. A violation of this act is deemed an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act. Under SPARTA, a state Attorney General or a college and university can bring a civil cause of action to recover any damages caused by a prohibited activity. SPARTA serves as a vital federal backstop in all states that have yet to adopt the UAAA and contains a “Sense of Congress” section which urges states to enact the UAAA and its important athlete agent registration requirements.