Section 436.260

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2021, 2 histories   

  436.260.  Educational institution or student athlete cause of action, when, damages — violation an unfair trade practice. — 1.  An educational institution or a student athlete may bring an action for damages against an athlete agent if the institution or student athlete is adversely affected by an act or omission of the athlete agent in violation of sections 436.215 to 436.272.

  (1)  In order for a student athlete to qualify as adversely affected by an act or omission of the athlete agent under this section, the student athlete shall demonstrate that he or she was a student athlete and enrolled at the institution at the time the act or omission of the athlete agent occurred and that he or she:

  (a)  Was suspended or disqualified from participation in an interscholastic or intercollegiate sports event by a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or

  (b)  Suffered financial damage.

  (2)  In order for an educational institution to qualify as adversely affected by an act or omission of the athlete agent under this section, the institution shall demonstrate that the institution:

  (a)  Was disqualified from participation in an interscholastic or intercollegiate sports event by a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or

  (b)  Suffered financial damage.

  2.  A plaintiff who prevails in an action under this section may recover actual damages, costs, and reasonable attorney's 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 athlete agent by or on behalf of the student athlete.

  3.  A violation of any provision of sections 436.215 to 436.272 is an unfair trade practice for purposes of sections 375.930 to 375.948.

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(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)