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The legendary "Cardiac Pack" is seeking fair compensation via Miller Law Group, PLLC for the consistent use of their names, images and likenesses.

RALEIGH, N.C., June 10, 2024 /PRNewswire-PRWeb/ -- Members of the legendary 1983 North Carolina State University (NC State) NCAA Men's Basketball Championship team, famously known as the "Cardiac Pack," have initiated legal action against the National Collegiate Athletic Association and the Collegiate Licensing Company in the state of North Carolina. Team members, including Thurl Bailey, Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Cozell McQueen, Walter Proctor, Harold Thompson, and Mike Warren have taken this step to address long-standing grievances over the unauthorized use of their publicity rights.

In a remarkable postseason run, the Cardiac Pack defied all odds, winning nine games in overtime or by a single point to advance to the 1983 National Championship game. Their improbable journey and victory in that final game are cemented in history as one of the greatest underdog stories. They are often featured in one of the most iconic plays in college basketball. In the final moments of the 1983 National Championship Game, Whittenburg heaved the ball from well beyond the arc. The shot fell short of the rim, but NC State's Lorenzo Charles caught it and dunked, securing a 54-52 upset victory over the Houston Cougars.

However, for over 40 years, the NCAA has systematically and intentionally misappropriated the player's publicity rights, including their names, images and likenesses, associated with that unforgettable game and final play. The NCAA has profited significantly from the team's legendary victory, using their images and videos to promote its annual March Madness tournament and other commercial endeavors without the players' consent and without compensation. Despite generating nearly $1 billion annually, the NCAA has never paid a single cent to the players for using their identities.

"The NCAA has for decades leveraged its monopoly power to exploit student-athletes from the moment they enter college until long after they end their collegiate careers," said W. Stacy Miller, II, Lead Counsel. "The NCAA and its partners make student-athletes unwitting and uncompensated lifetime spokespeople for the NCAA's products, broadcasts and tournaments. Using a person's image in an advertisement without that person's consent has been prohibited since our country's founding."

Currently, NCAA.com hosts videos of the Cardiac Pack, accessible only after viewers watch commercial advertisements, from which the NCAA profits. Yet, the players have received no compensation for these uses. The United States Supreme Court, in a 2021 ruling, highlighted that the NCAA "enjoy[s] monopsony power in the market for student-athlete services," which harms competition.

"We believe it's important to address the use of our names, images and likenesses over the years. We deserve to be compensated for our contributions that have significantly benefited the NCAA," said Thurl Bailey, a member of the team. "We hope this lawsuit brings about a fair resolution and ensures that former and future student-athletes are treated more equitably."

The NCAA is an admitted monopolist that has unreasonably and illegally utilized its monopoly power to exploit the names, images and likenesses of athletes without their consent, fueling its multi-billion-dollar enterprise. This conduct constitutes unreasonable restraint of trade, illegal monopolization, unfair and deceptive trade practices, unjust enrichment, and tortious misappropriation of publicity rights.

The Cardiac Pack seeks reasonable compensation for the NCAA's appropriation of their names, images, and likenesses. This lawsuit aims to hold the NCAA accountable for its exploitation and ensure that the players are justly compensated for their contributions to one of the most memorable moments in sports history.

For any interview requests, please contact Casey Kupper at [email protected].

Media Contact

Casey Kupper, Miller Law Group, PLLC, 1 2702103212, [email protected]

SOURCE Miller Law Group, PLLC