Collapse to view only § 7803. Enforcement
- § 7801. Definitions
- § 7802. Regulation of unfair and deceptive acts and practices in connection with the contact between an athlete agent and a student athlete
- § 7803. Enforcement
- § 7804. Actions by States
- § 7805. Protection of educational institution
- § 7806. Limitation
- § 7807. Sense of Congress
§ 7801. Definitions
As used in this chapter, the following definitions apply:
(1) Agency contract
(2) Athlete agent
(3) Athletic director
(4) Commission
(5) Endorsement contract
(6) Intercollegiate sport
(7) Professional sports contract
(8) State
(9) Student athlete
(Pub. L. 108–304, § 2, Sept. 24, 2004, 118 Stat. 1125.)
§ 7802. Regulation of unfair and deceptive acts and practices in connection with the contact between an athlete agent and a student athlete
(a) Conduct prohibitedIt is unlawful for an athlete agent to—
(1) directly or indirectly recruit or solicit a student athlete to enter into an agency contract, by—
(A) giving any false or misleading information or making a false promise or representation; or
(B) providing anything of value to a student athlete or anyone associated with the student athlete before the student athlete enters into an agency contract, including any consideration in the form of a loan, or acting in the capacity of a guarantor or co-guarantor for any debt;
(2) enter into an agency contract with a student athlete without providing the student athlete with the disclosure document described in subsection (b); or
(3) predate or postdate an agency contract.
(b) Required disclosure by athlete agents to student athletes
(1) In general
(2) Signature of student athlete
(3) Required language
(Pub. L. 108–304, § 3, Sept. 24, 2004, 118 Stat. 1126.)
§ 7803. Enforcement
(a) Unfair or deceptive act or practice
(b) Actions by the Commission
(Pub. L. 108–304, § 4, Sept. 24, 2004, 118 Stat. 1127.)
§ 7804. Actions by States
(a) In general
(1) Civil actions
In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any athlete agent in a practice that violates section 7802 of this title, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to—
(A) enjoin that practice;
(B) enforce compliance with this chapter; or
(C) obtain damage, restitution, or other compensation on behalf of residents of the State.
(2) Notice
(A) In general
Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission—
(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) Exemption
(b) Intervention
(1) In general
(2) Effect of intervention
If the Commission intervenes in an action under subsection (a), it shall have the right—
(A) to be heard with respect to any matter that arises in that action; and
(B) to file a petition for appeal.
(c) Construction
For purposes of bringing any civil action under subsection (a), nothing in this chapter 1
1 See References in Text note below.
shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of documentary and other evidence.
(d) Actions by the Commission
(e) Venue
(f) Service of process
In an action brought under subsection (a), process may be served in any district in which the defendant—
(1) is an inhabitant; or
(2) may be found.
(Pub. L. 108–304, § 5, Sept. 24, 2004, 118 Stat. 1127.)
§ 7805. Protection of educational institution
(a) Notice required
(b) Civil remedy
(1) In general
(2) Damages
(3) Costs and attorneys fees
(4) Effect on other rights, remedies and defenses
(Pub. L. 108–304, § 6, Sept. 24, 2004, 118 Stat. 1128.)
§ 7806. Limitation
Nothing in this chapter shall be construed to prohibit an individual from seeking any remedies available under existing Federal or State law or equity.
(Pub. L. 108–304, § 7, Sept. 24, 2004, 118 Stat. 1128.)
§ 7807. Sense of Congress
It is the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commissioners on Uniform State Laws, to protect student athletes and the integrity of amateur sports from unscrupulous sports agents. In particular, it is the sense of Congress that States should enact the provisions relating to the registration of sports agents, the required form of contract, the right of the student athlete to cancel an agency contract, the disclosure requirements relating to record maintenance, reporting, renewal, notice, warning, and security, and the provisions for reciprocity among the States.
(Pub. L. 108–304, § 8, Sept. 24, 2004, 118 Stat. 1129.)