Well, yesterday was a big day for the NCAA, but it didn’t go as planned. The much-anticipated House v. NCAA settlement faced a major setback when federal judge Claudia Wilken declined to grant them their initial approval. This multibillion-dollar settlement is now in jeopardy, and it seems the NCAA’s efforts are hitting a rough patch.

Judge Wilken raised concerns over the NCAA’s plan to regulate NIL deals that don’t meet their standards. For once, the tables have turned, and the NCAA is finding itself in hot water now. even On3’s reporters have shared their thoughts on the potentially dangerous consequences of this case.

On September 6th, Andy Staples from On3 took a shot at the NCAA, saying, “It seems like they’ve lost every time in court… every time they try to unilaterally impose a restriction on somebody else’s earning power, they get smacked down by the court.” Well, the settlement proposed that the NCAA would pay their athletes $2.8 billion in damages for NIL income they’ve missed out on. However, the judge sees it as a stint to avoid future lawsuits. She has now ordered the NCAA lawyers to “go back to the drawing board” and return in 3 weeks with a revised proposal with no flaws.

Now, if  Wilken does not grant preliminary approval, the class-action suit could proceed to trial. Noting that Andy’s co-host Pete Nakos adds, “The difference here is that if this goes to trial and they lose in a core case, they’re looking at upwards of $20 billion in back damages.” Well, that’s a massive sum for any organization to handle. While the NCAA has three weeks to make adjustments and try to win back Judge Wilken’s favor, things aren’t looking too good for them right now.

ESPN expert shares thoughts on House v. NCAA

The NCAA claims the settlement is just formalizing existing rules against paying players directly, but Judge Wilken isn’t convinced. She wants to ensure the settlement doesn’t end up hurting the athletes’ pockets, and that was her main focus during the 2.5-hour online hearing. Many experts share her concern, hoping the NCAA won’t misuse the “pay for play” concept—for the athletes’ sake.

Back in July, while the settlement talks were still ongoing, ESPN host Stephen A. Smith voiced his strong opinion on the matter. He called the settlement “long overdue,” saying, “The NCAA and these representative institutions have been taking advantage of student-athletes for ages.” Smith didn’t hold back, adding, “If you’re the NCAA, you should be ashamed of yourself. You’ve been exploiting these kids for years.” Clearly, Smith believes the NCAA should compensate its athletes for past wrongs. And time & again, Smith has criticized the NCAA for their ‘robbing’ tactics and supports athletes gaining true NIL rights without restrictions.

Now, while the settlement seems to be moving in a better direction, it’s still unclear how things will unpack in the coming days.