Delaware § 5415 Civil remedy

Delaware Statutes

§ 5415 — Civil remedy

Delaware·Title 24·Ch. 54 Delaware Revised Uniform Athlete Agents Act

(a)An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution meets one or more of the following:

(1)Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports.

(2)Suffers financial

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(a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution meets one or more of the following:

(1) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports.

(2) Suffers financial damage.

(b) A plaintiff that prevails in an action under this section may recover damages, costs, and reasonable attorneys’ fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.

(c) A violation of this chapter is an unfair or deceptive merchandising practice for purposes of subchapter II of Chapter 25 of Title 6.

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