Sec. 1003. Private right of action

255 words·~1 min read·/bill/119/s/2932/is/section-1003

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person alleging a violation of a provision or amendment contained in section 101 or 103 may bring a civil action in an appropriate district court of the United States or in an appropriate State court. In a civil action brought under subsection (a)(1) in which the plaintiff prevails, the court may award— actual damages; reasonable attorney’s fees and litigation costs; and any other relief, including equitable or declaratory relief, that the court determines appropriate. Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable against a student athlete with respect to a dispute arising under this Act or an amendment made by this Act.

Any determination as to whether or how paragraph

(1)applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether the agreement or waiver that is the subject of the dispute purports to delegate such determination to an arbitrator. In this subsection: The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement. The term pre-dispute joint-action waiver means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.