§ 38–1631.07. Civil remedy.

(a) An institution or college athlete has a cause of action for damages against a name, image, or likeness agent or third party if the institution or athlete is adversely affected by an act or omission of the agent or third party in violation of this chapter An institution or college athlete is adversely affected by an act or omission of the agent or third party only if, because of the act or omission, the institution or college athlete:

(1) Is sanctioned, suspended, or declared ineligible to participate in an intercollegiate sport; or

(2) Suffers financial damage.

(b) A college athlete has a cause of action under this section only if the athlete was a student at an institution at the time of the act or omission.

(c) In an action under this section, a prevailing plaintiff may recover actual damages, reasonable attorney's fees, and court costs.

(d) A violation of this chapter by an athlete agent or third party is a violation of and enforceable under Chapter 39 of Title 28.