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*Please read the following notice about a class action lawsuit. This is for your information only; you are not required to take any action.*

Dear [first],

On October 7, 2024, Judge Claudia Wilken in the Northern District of California granted preliminary approval of a proposed settlement of three class action lawsuits against the NCAA and Power 5 Conferences (ACC, BIG10, Big12, Pac-12, SEC). The cases are: In re: College Athlete NIL Litigation, Case No. 4:20-cv-03919-CW; Hubbard v. NCAA, et. al, Case No. 4:23-cv-01593-CW; Carter v. NCAA, Case No. 3-23-cv-06325-RS. The settlements of the House and Carter casesseek to resolve claims that the NCAA and Power Conferences violated the law by prohibiting current and former student-athletes from profiting from their name, image, and likeness (NIL). The settlement of the Hubbard case seeks to compensate student-athletes prior to 2021 for lost education-related benefits. 

As part of the proposed settlement, current and former student athletes may be entitled to money damages. In order to identify individuals who might be entitled to money damages, the Judge ordered Division I universities, including CU Boulder, to provide the Settlement Administrator with certain information. For all student athletes from Fall 2019 to September 15, 2024, the court ordered CU to provide the settlement administrator with name and last-known contact information (CU Boulder will provide last-known email), NCAA EC ID number, semester start and end dates, and sport played. For football and basketball athletes from Fall 2016 to September 15, 2024, CU Boulder has been asked to provide name, NCAA EC ID numbers, last-known email address, date of birth, semester started and ended, sport played, highest grant-in-aid level received, semesters of ineligibility, transfer year and position (for football players only).

This court order requires that CU Boulder provide select student athlete, education and financial aid records maintained by the Office of the Registrar, the Office of Financial Aid and the Department of Intercollegiate Athletics to the Settlement Administrator.

Neither you nor CU Boulder is a party to this lawsuit. You are receiving this letter because the Office of the Registrar is complying with the Family Educational Rights and Privacy Act (FERPA), a federal student privacy law that requires advance notification before records concerning students are provided in response to a court order. This is done so that you, at your sole option and effort, can decide whether you would like to make any objection or file any motion with the court, if you determine that there is a legal basis that information concerning you should not be provided. Otherwise, CU Boulder intends to comply with the court order and provide the records to the settlement administrator by November 8, 2024.

The Court has ordered that the information provided be protected as confidential and not used for purposes other than the notice and administration of the settlement. This information may or may not affect what course of action you may decide to take.

If you have questions about responding, please consult with your/an attorney. If you have questions regarding the court order, contact the attorney for the plaintiffs: Benjamin J. Siegel, Hagens Berman Sobol Shapiro, LLP, 715 Hearst Ave., Suite 202, Berkeley, CA 94710, (510) 725-3036. Please do not send inquiries or responses of consent to the Office of the Registrar.

Sincerely,

Kristi Wold-McCormick, PhD
Assistant Vice Provost and University Registrar

Office of the Registrar | University of Colorado Boulder
303-492-6970 | registrar@colorado.edu