15 U.S.C. § 7802 — Regulation of unfair and deceptive acts and practices in connection with the contact between an athlete agent and a student athlete
submitted 22 years ago by Pub. L. 108-304 to r/title-15-COMMERCE-AND-TRADE · 393 words · no verdicts yet
This section stops sports agents from tricking or bribing student athletes into signing agency contracts. Agents must give athletes a signed disclosure form with a required warning, and can't backdate their contracts.
(a) Conduct prohibited. It is against the law for a sports agent to:
Recruit or push a student athlete* to sign an agency contract* by lying, making false promises, or giving the athlete (or someone connected to them) anything of value before they sign — including loans or acting as a guarantor for a debt.
Sign an agency contract with a student athlete without first giving them the disclosure document described in (b).
Predate or postdate an agency contract, meaning falsify the date on it.
(b) Required disclosure by athlete agents to student athletes.
(1) In general. When signing an agency contract, the agent must give the student athlete a disclosure document — or, if the athlete is under 18, give it to their parent or legal guardian. This document is required in addition to anything a state* might separately require.
(2) Signature of student athlete. The student athlete (or their parent or guardian, if under 18) must sign this disclosure document before signing the agency contract.
(3) Required language. Near the signature line, the document must include this warning in bold type: it must tell the student athlete that agreeing — orally or in writing — to be represented by an agent, now or in the future, may cost them their eligibility to compete as a student athlete. It must also say that within 72 hours of signing the contract, or before the athlete's next eligible competition (whichever comes first), both the athlete and the agent must notify the athletic director* (or other responsible official) at the athlete's school that the agency contract was signed.
It is unlawful for an athlete agent* to—
directly or indirectly recruit or solicit a student athlete* to enter into an agency contract*, by—
giving any false or misleading information or making a false promise or representation; or
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;
enter into an agency contract with a student athlete without providing the student athlete with the disclosure document described in subsection (b); or
predate or postdate an agency contract.
In conjunction with the entering into of an agency contract, an athlete agent shall provide to the student athlete, or, if the student athlete is under the age of 18, to such student athlete’s parent or legal guardian, a disclosure document that meets the requirements of this subsection. Such disclosure document is separate from and in addition to any disclosure which may be required under State* law.
The disclosure document must be signed by the student athlete, or, if the student athlete is under the age of 18, by such student athlete’s parent or legal guardian, prior to entering into the agency contract.
The disclosure document must contain, in close proximity to the signature of the student athlete, or, if the student athlete is under the age of 18, the signature of such student athlete’s parent or legal guardian, a conspicuous notice in boldface type stating: “Warning to Student Athlete: If you agree orally or in writing to be represented by an agent now or in the future you may lose your eligibility to compete as a student athlete in your sport. Within 72 hours after entering into this contract or before the next athletic event in which you are eligible to participate, whichever occurs first, both you and the agent by whom you are agreeing to be represented must notify the athletic director* of the educational institution at which you are enrolled, or other individual responsible for athletic programs at such educational institution, that you have entered into an agency contract.”
Source credit: (Pub. L. 108–304, § 3, Sept. 24, 2004, 118 Stat. 1126.)
- 2004Enacted · Pub. L. 108-304 · 118 Stat. 1126
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-304 on 2004-09-24.
all 0 arguments · sorted by: best
no arguments yet — make the first case