NCAA Class Action: March Madness Stars Sue Over Unpaid Image Use

Imagine seeing a video of you scoring a three-pointer in the final seconds of an important game, and knowing that video is making a company millions and you’re not getting a dime of it. Well that’s exactly what’s happening for former Kansas basketball stars Mario Chalmers and Sherron Collins, according to a new lawsuit filed by them and other basketball players accusing the NCAA of profiting from their imaging and not passing on any of those earnings.

The two players are among 16 who have filed a new class action lawsuit against the NCAA and multiple conferences, the latest in a slate of legal action against the association, claiming they are profiting from the unauthorized use of their names, images and likenesses in promoting and monetizing the March Madness tournament in an ““illegal profit scheme.” 

"Mario's Miracle" Fuels NCAA's Profits But Players Get Nothing, Lawsuit Alleges

Chalmers and Sherron are joined by players Ryan Boatright, A.J. Bramlett, Eugene Edgerson, Jason Terry, James Cunningham, Alex Oriakhi, Matt Pressey, and others in filing the proposed class action lawsuit against the NCAA, Turner Sports Interactive, the Big East, Pac-12, Big Ten, Big 12, SEC, and ACC.

The lawsuit lays out how Chalmers and Sherron were in the 2008 Kansas Jayhawks national championship men’s basketball team when Chalmers hit a 3-pointer with 2.1 seconds left in the national championship game. The shot forced overtime, and the Jayhawks went on to beat Memphis on the way to the title. 

According to the lawsuit, images and videos of the iconic shot, dubbed “Mario’s Miracle,” have been used countless times by the NCAA to promote March Madness, but as with many similar situations with other players, Chalmers has never been able to share in any of the profit made from sharing his image.

“The NCAA has conspired with conferences, colleges, licensing companies, and apparel companies to fix the price of student-athlete labor near zero and make student-athletes unwitting and uncompensated lifetime pitchmen for the NCAA,” the lawsuit states. 

It adds the NCAA has “systematically and intentionally” used players' images and names to reap millions, for decades leveraging “its monopoly  power  to exploit  student - athletes from the  moment  they  enter  college  until  long after  they  end  their  collegiate  careers.”

College Athletes Demand Their Share of March Madness Revenue in NCAA Lawsuit

The players say in the lawsuit that the NCAA’s behavior needs to be stopped by way of permanent injunction, and on top of that, they want damages for the money they would have earned from their images if the association hadn’t been the middleman, they allege.

While the lawsuit doesn’t specify the damages amount, it does say March Madness generates close to $1 billion in annual revenue, showing the value of the enterprise they’re taking on. 

“The NCAA’s illegal conduct has damaged plaintiffs by diminishing their opportunity to maximize their compensation for their publicity rights, including their rights related to images related to the most profitable portion of NCAA’s revenue, basketball,” the lawsuit reads.

“The full amount of this damage is currently unknown, and it continues to increase as the NCAA and its affiliates and co-conspirators continue to profit from the NCAA’s ongoing, uninterrupted usurpation of plaintiffs’ and class members' publicity rights.”

NCAA's Amateurism Model Under Fire as Player Lawsuits Mount

Following the 2021 Supreme Court decision that players in the NCAA leagues should be able to get paid for their name, image, and likeness, the NCAA has faced multiple lawsuits and complaints about how it has managed that. Its longstanding amateurism model, which doesn’t allow players to get paid, has been put in the firing line, and many states, as well as players, have thrown accusations at the association that it is exploitative—making millions off players without ever paying them. 

Some of the lawsuits, like one filed last month by the 1983 North Carolina State University men’s basketball championship team, are similar to the case at hand in that they involve alleged yearslong exploitation. 

In May, the NCAA and the nation’s five biggest conferences reached an almost $2.8 billion to put to bed a range of antitrust claims, and that settlement will also establish a revenue-sharing model that will result in athletes getting millions of dollars starting next year.

Case Details

• Lawsuit: Chalmers, et al. v. NCAA, et al.
• Case Number: 1:24-cv-05008
• Court: U.S. District Court for the Southern District of New York

Plaintiffs' Attorneys

• Peggy Wedgworth, Scott C. Harris, Michael Dunn, James R. DeMay (Milberg Coleman Bryson Phillips Grossman PLLC)
• Elliot Abrams (Cheshire Parker Schneider, PLLC)
• W. Stacy Miller II, MaryAnne M. Hamilton (Miller Law Group, PLLC)
• Scott Tompsett (Tompsett Collegiate Sports Law)