Former Ohio State QB Sues School, NCAA, and Big 10 Over NIL

Former Ohio State QB Terrelle Pryor sues Ohio State, NCAA, and Big Ten for NIL compensation, alleging they profited from his name and likeness without payment.

Ohio State quarterback Terrelle Pryor (2) throws a pass during the 1st quarter of the NCAA football game against Marshall at Ohio Stadium on September 2, 2010. Osu 10 Mar Kr 17 / Kyle Robertson/Columbus Dispatch / USA TODAY NETWORK

Former Ohio State Buckeyes quarterback Terrelle Pryor has filed a class-action lawsuit targeting Ohio State University, the NCAA, the Big Ten Conference, and Learfield Communications, seeking compensation for the use of his name, image, and likeness (NIL) during his time as a student-athlete.

Filed in the Southern District of Ohio, the lawsuit alleges that the defendants violated the Sherman Antitrust Act by profiting from athletes like Pryor without providing them a share of the earnings. This issue pertains particularly to the period before the 2016 rule change that permitted NIL compensation.

Pryor, once a highly sought-after recruit and considered a top contender for the Heisman Trophy, was a leading figure in college football from 2008 to 2010 during his tenure at Ohio State. He helped the Buckeyes achieve several top-10 finishes, but his college career was cut short after the 2010 "Tattoogate" scandal, where Pryor and several teammates were implicated in trading memorabilia for tattoos and cash, which was a violation of NCAA rules at the time. Following the scandal, Pryor was forced to leave Ohio State early to enter the NFL Supplemental Draft, where he was selected by the Oakland Raiders.

In the legal filing, Pryor’s team contends that the NCAA, Ohio State, and the Big Ten continue to profit from his likeness by using highlights and footage from his playing days in various promotional materials without compensating him or other former athletes. “For many years and continuing to the present, the Defendants have systematically and intentionally misappropriated the publicity rights and NIL of the Plaintiffs and those similarly situated and in doing so have reaped millions, and perhaps billions, of dollars from the Plaintiffs and the class,” the lawsuit said per The Athletic. “Meanwhile the student athletes themselves were not only prevented from capitalizing on their publicity rights, but they were punished for doing so through the rules the NCAA forced upon them in order for them to participate.”

This case mirrors other similar lawsuits, such as one filed by former USC running back Reggie Bush, and is part of a wider push by athletes denied NIL rights before the 2021 rule change. Pryor and others are now seeking retroactive compensation for the revenues generated from their athletic careers. “Replays of historic moments from the past are a large part of the Defendant’s promotional activities as well as their income streams, and former players have never been compensated for this continuing use of the names, images and likenesses,” the lawsuit argued further.

During his time at Ohio State, Pryor amassed more than 6,000 passing yards, over 2,000 rushing yards, and accounted for 74 touchdowns. Even with his stellar play Pryor was pushed to enter the NFL supplemental draft which greatly changed the trajectory of his NFL career. As the case progresses, it will be something to watch as it could set a precedent around the treatment of past athletes in this new era of college sports.