Since the NCAA greenlit Name, Image, and Likeness (“NIL”) compensation in 2021, the traditional rules of amateurism have collapsed into a patchwork of NCAA rules, NCAA guidance, state laws, school policies, and unofficial norms.[1] With the initial goal of empowering student-athletes, the NIL era has become a lawless frontier.
The State of Confusion
The first problem schools encounter? No one seems to know the rules. As two Big 12 football coaches bluntly put it: “We don’t know the rules” and that even if they did, schools “are not playing by the same rules.”[2] Recently, an NIL analyst encapsulated the chaos this way:
“Confused about which law is the one institutions and collectives have to follow? And which regulations institutions are ignoring? And which states permit one thing and which states prohibit another thing? And which deals work and which deals don’t? Everyone is.”[3]
There’s little guidance, no clear standard of what is permissible, and even less enforcement. “And if the enforcement pops up? Well, back to the courts we likely go.”[4] With no clear guidance or enforcement, schools are shooting from the hip—and running the risk of potential NCAA violations down the road.
The Tampering Epidemic
Without guidance or enforcement, schools are quickly feeling the real-world effects of this lawless arena with the ongoing tampering epidemic—where top performers are induced away from their current teams. Coaches across the country are sounding the alarm. Deion Sanders called for a salary cap and transfer portal investigations, noting:
“I would see a player and said he’s got an offer from another school, and I’m trying to figure out why you guys haven’t investigated. How is that possible when the guy’s not in the [transfer] portal?”[5]
Tennessee softball coach Karen Weekly put it more bluntly:
“I think we can all agree on 2 things: 1) women making money in sports is awesome and long overdue; 2) contacting players (directly or indirectly) before their season ends and signing them to NIL deals before they enter the portal is wrong…Money isn’t the issue – tampering is!”[6]
However, with the rapid changing of NCAA rules, ever shifting compliance guidance, and competing state and university laws and policies, even well-meaning schools struggle to keep up with what is permitted. This has led to wildly different choices being made by competing programs.
Every Program for Itself
With enforcement absent and boundaries unclear, some schools are charging ahead while others hesitate. This divide has created an environment where some institutions are operating fast and loose with the rules while others are operating in constant fear of inadvertent violations. Every school, athletic director, and coach simultaneously feels the mounting pressure to compete in an increasingly expensive and complex marketplace. Some schools are compiling $50-million-dollar rosters, while others watch their top talent flee to rivals.
The Path Forward
In this new frontier, successful programs will build their NIL strategy long before the dust settles. Munck Wilson Mandala LLP is one of the nation’s only law firms with a dedicated NIL and sports law practice. Ahead of the curve, our team of legal professionals is equipped to address any legal matter related to sports law, intellectual property, or NIL. Whether you are a student-athlete vetting an NIL deal, a brand, university, or collective seeking to comply with rapidly changing laws, or in the midst of an NIL dispute, Munck Wilson Mandala is prepared to handle your legal needs.
[1] NAME, IMAGE, LIKENESS, NCSA College Recruiting (June 2025),https://www.ncsasports.org/name-image-likeness (listing laws passed by all 50 states).
2 Ross Dellenger, ‘We don’t know the rules’ — Big 12 coaches still wrestling with new world order after player payment changes, Yahoo! Sports (July 8, 2025, at 20:50 CDT), https://sports.yahoo.com/college-football/article/we-dont-know-the-rules–big-12-coaches-still-wrestling-with-new-world-order-after-player-payment-changes-013454522.html (quoting Iowa State and Cincinnati Head Football Coaches Kenny Dillingham and Scott Satterfield).
3 Joe Cook, An attempt to alleviate the confusion related to House, NIL, pay-for-play, Deloitte, etc., On3 (July 9, 2025), https://www.on3.com/teams/texas-longhorns/news/an-attempt-to-alleviate-the-confusion-related-to-house-nil-pay-for-play-deloitte-etc.
4 Id.
5 Bri Amaranthus, Deion Sanders Wants Salary Cap In College Football, Transfer Portal Investigations, NFL Rules, Sports Illustrated (July 9, 2025), https://www.si.com/college/colorado/football/deion-sanders-salary-cap-college-football-transfer-portal-nil-investigations-nfl-rules-colorado-buffaloes-health-big-12 (quoting Colorado Head Football Coach Deion Sanders).
6 Steve Samra, Tennessee softball coach Karen Weekly calls out tampering, NIL issues in college softball, On3 (June 13, 2025), https://www.on3.com/college/tennessee-volunteers/news/tennessee-softball-coach-karen-weekly-calls-out-tampering-nil-issues-in-college-softball (quoting Tennessee Head Softball Coach Karen Weekly).
