The NFL and consumer fraud

[Ice_Ice_Brady]

I've always thought the best legal recourse against the NFL is by way of consumer fraud complaints. We have seen Brady lose in court and an attorney from Maine lose in court (unfortunately, he had no leg to stand on). One of the problems is that, in a civil suit, it is difficult to prove actual damages to onlookers (courts have rejected that notion).

I am not an attorney, but here is the basic concept:

1. The NFL is a business whose consumers are fans.

2. The NFL's product is entertainment in the form of both football competition and player/personnel off the field behaviors.

3. An NFL source leaked intentionally false numbers regarding the air pressure in a football in the 2015 AFC Championship Game.

4. Consumers were mislead regarding the nature of the game and the quality of the product they watched.

5. The NFL sent a letter to the public and its consumer base, assuring them of an independent and presumably fair investigation into the incident known as "Deflategate."

6. The NFL intentionally misled consumers since the investigation was not independent, the process was not fair, the end result of its quality control process was purposefully published to mislead consumers into believing falsehoods about its product.

7. The NFL then assured the public and its consumers that it would measure PSI in all footballs in the 2015 season.

8. The NFL then refused to publish this information and stated they did not in fact record the PSI but did mere spot checks, again misleading its consumers into believing its quality and processes are different than they actually are.

So, I am wondering what the options are for consumer fraud, since the NFL has willingly lied and published falsehoods regarding its product. My understanding is that consumers have a lower bar then, say, a defamation suit and don't necessarily have to show damages. Misleading consumers in itself is, as I understand it, enough to cause major penalties and fines.

Are there any attorneys on here that can comment?

 

[Froob]

Probably won't ever happen because the Justice system is corrupt. But, it should...

 

[Big Bucks]

There is a consumer complaint, last I heard its in the hands of bigwigs working out what to do.

NFL: RESTORATION OF THE 1ST & 4TH ROUND (PATRIOTS) 2016 DRAFT PICKS

 

[Ice_Ice_Brady]

There is a consumer complaint, last I heard its in the hands of bigwigs working out what to do.

NFL: RESTORATION OF THE 1ST & 4TH ROUND (PATRIOTS) 2016 DRAFT PICKS

The problem is, this seeks to return the draft picks to the Patriots. I believe the proper complaint would say nothing about team penalties and merely look at the situation as a business deceiving a consumer. The Patriots themselves would need to be the plaintiff to recover draft picks.

 

[YOUGOTMOSSED]

I've always thought the best legal recourse against the NFL is by way of consumer fraud complaints. We have seen Brady lose in court and an attorney from Maine lose in court (unfortunately, he had no leg to stand on). One of the problems is that, in a civil suit, it is difficult to prove actual damages to onlookers (courts have rejected that notion).

I am not an attorney, but here is the basic concept:

1. The NFL is a business whose consumers are fans.

2. The NFL's product is entertainment in the form of both football competition and player/personnel off the field behaviors.

3. An NFL source leaked intentionally false numbers regarding the air pressure in a football in the 2015 AFC Championship Game.

4. Consumers were mislead regarding the nature of the game and the quality of the product they watched.

5. The NFL sent a letter to the public and its consumer base, assuring them of an independent and presumably fair investigation into the incident known as "Deflategate."

6. The NFL intentionally misled consumers since the investigation was not independent, the process was not fair, the end result of its quality control process was purposefully published to mislead consumers into believing falsehoods about its product.

7. The NFL then assured the public and its consumers that it would measure PSI in all footballs in the 2015 season.

8. The NFL then refused to publish this information and stated they did not in fact record the PSI but did mere spot checks, again misleading its consumers into believing its quality and processes are different than they actually are.

So, I am wondering what the options are for consumer fraud, since the NFL has willingly lied and published falsehoods regarding its product. My understanding is that consumers have a lower bar then, say, a defamation suit and don't necessarily have to show damages. Misleading consumers in itself is, as I understand it, enough to cause major penalties and fines.

Are there any attorneys on here that can comment?

It's just entertainment. The courts don't care if the fans feel they've been had.

The US government won't get involved in this unless they have some hidden agenda (like attacking the league's anti-trust exemption).

Brady may sue for defamation but he has a tough road to hoe and may feel it isn't worth it.

Kraft, quite clearly, isn't willing to fight for his team.

Other than the a successful en banc hearing (don't hold your breath) or intervention by the SCOTUS, I don't see how this wrong gets righted.

 

[Ice_Ice_Brady]

It's just entertainment. The courts don't care if the fans feel they've been had.

It's a product, though. And courts may care IF there is consumer fraud involved. Fans of the WWE realize that matches are fixed and not real; even sports games are sometimes fixed by refs, cheating etc. However, this is a case of the league representing to its fans (consumers) that they are going to provide a fair and independent investigation and intentionally deceiving them. It is outside of the playing field. It is not much different than Ford Motor Company telling its consumers it is going to run a Quality Control check on its seatbelts using an independent auditing firm and then using an internal corporate team with a predetermined conclusion. Sure, the consequences are lower and the damages are not comparable, but there are many laws against consumer fraud nonetheless.

 

[reflexblue]

I've always thought the best legal recourse against the NFL is by way of consumer fraud complaints. We have seen Brady lose in court and an attorney from Maine lose in court (unfortunately, he had no leg to stand on). One of the problems is that, in a civil suit, it is difficult to prove actual damages to onlookers (courts have rejected that notion).

I am not an attorney, but here is the basic concept:

1. The NFL is a business whose consumers are fans.

2. The NFL's product is entertainment in the form of both football competition and player/personnel off the field behaviors.

3. An NFL source leaked intentionally false numbers regarding the air pressure in a football in the 2015 AFC Championship Game.

4. Consumers were mislead regarding the nature of the game and the quality of the product they watched.

5. The NFL sent a letter to the public and its consumer base, assuring them of an independent and presumably fair investigation into the incident known as "Deflategate."

6. The NFL intentionally misled consumers since the investigation was not independent, the process was not fair, the end result of its quality control process was purposefully published to mislead consumers into believing falsehoods about its product.

7. The NFL then assured the public and its consumers that it would measure PSI in all footballs in the 2015 season.

8. The NFL then refused to publish this information and stated they did not in fact record the PSI but did mere spot checks, again misleading its consumers into believing its quality and processes are different than they actually are.

So, I am wondering what the options are for consumer fraud, since the NFL has willingly lied and published falsehoods regarding its product. My understanding is that consumers have a lower bar then, say, a defamation suit and don't necessarily have to show damages. Misleading consumers in itself is, as I understand it, enough to cause major penalties and fines.

Are there any attorneys on here that can comment?

I think a jests fan filed a similar suit over spy gate, do you want to be like a jests fan.

 

[YOUGOTMOSSED]

It's a product, though. And courts may care IF there is consumer fraud involved. Fans of the WWE realize that matches are fixed and not real; even sports games are sometimes fixed by refs, cheating etc. However, this is a case of the league representing to its fans (consumers) that they are going to provide a fair and independent investigation and intentionally deceiving them. It is outside of the playing field. It is not much different than Ford Motor Company telling its consumers it is going to run a Quality Control check on its seatbelts using an independent auditing firm and then using an internal corporate team with a predetermined conclusion. Sure, the consequences are lower and the damages are not comparable, but there are many laws against consumer fraud nonetheless.

Legally speaking fraud is an "intentional tort." Proving intent is very hard absent an admission.

Even an admission may not be enough here. Tim Donaghy admitted the NBA was fixing games and nothing happened.

 

[Rusty Griswold]

They have plenty of ammo if they want to move forward with a Brady defamation suit, in my opinion. All that they would need is discovery access to everyone's phones and emails in order to prove the intent we all know exists.

But, yes, within that Goodell and the NFL can be charged with fraud, collusion, sabotage, along with defamation for Brady.

 

[XLIX]

This case doesn't stand a chance in hell but even if it did, the potential winnings would be a refund of money spent on the product and fines for the guilty party. No court is going to say "there was consumer fraud, therefore the Patriots get their draft pick back."

The only way the Patriots get their pick back is if THEY sue the NFL. Considering the draft starts in a couple hours, it doesn't seem terribly likely.

 

[Ice_Ice_Brady]

I think a jests fan filed a similar suit over spy gate, do you want to be like a jests fan.

Not similar. Judge rejected lawsuit because fans are not entitled to a fair game. In this case, the NFL itself entitled fans to a fair examination and results finding.

 

[Fencer]

Ordinarily, I would expect consumer fraud to induce customers to spend money that they wouldn't have spent had they not been fraudulently deceived.

I don't see how that applies in the case of this particular pack of lies.

 

[RunAmok]

I've always thought the best legal recourse against the NFL is by way of consumer fraud complaints. We have seen Brady lose in court and an attorney from Maine lose in court (unfortunately, he had no leg to stand on). One of the problems is that, in a civil suit, it is difficult to prove actual damages to onlookers (courts have rejected that notion).

I am not an attorney, but here is the basic concept:

1. The NFL is a business whose consumers are fans.

2. The NFL's product is entertainment in the form of both football competition and player/personnel off the field behaviors.

3. An NFL source leaked intentionally false numbers regarding the air pressure in a football in the 2015 AFC Championship Game.

4. Consumers were mislead regarding the nature of the game and the quality of the product they watched.

5. The NFL sent a letter to the public and its consumer base, assuring them of an independent and presumably fair investigation into the incident known as "Deflategate."

6. The NFL intentionally misled consumers since the investigation was not independent, the process was not fair, the end result of its quality control process was purposefully published to mislead consumers into believing falsehoods about its product.

7. The NFL then assured the public and its consumers that it would measure PSI in all footballs in the 2015 season.

8. The NFL then refused to publish this information and stated they did not in fact record the PSI but did mere spot checks, again misleading its consumers into believing its quality and processes are different than they actually are.

So, I am wondering what the options are for consumer fraud, since the NFL has willingly lied and published falsehoods regarding its product. My understanding is that consumers have a lower bar then, say, a defamation suit and don't necessarily have to show damages. Misleading consumers in itself is, as I understand it, enough to cause major penalties and fines.

Are there any attorneys on here that can comment?

I think you would have to sue both the Patriots and the NFL.