*Please read the following notice about a class action lawsuit. This is for your information only; you are not required to take any action.*
The University of Colorado Boulder received a subpoena from an attorney representing current and former student-athletes from other institutions who are plaintiffs in a class action anti-trust lawsuit against the NCAA, the Pac-12 and other defendants. This lawsuit is known as In re: College Athlete NIL Litigation, U.S. District Court, Northern District of California, Case No. 4:20-cv-03919-CW. The lawsuit challenges the NCAA's current and former rules regarding student-athlete name, image and likenesses ("NILs"). The subpoena requires that CU Boulder provide select student-athlete, education and financial aid records maintained by the Office of the Registrar, the Office of Financial Aid and the Department of Intercollegiate Athletics to the plaintiff's attorney.
Neither you nor CU Boulder is a party to this lawsuit. You are receiving this letter because the Office of the Registrar is complying with the Family Educational Rights and Privacy Act (FERPA), a federal student privacy law that requires advance notification before records concerning students are provided in response to any subpoena. This is done so that you, at your sole option and effort, can decide whether you would like to make any objection or file any motion with the court, if you determine that there is a legal basis that information concerning you should not be provided. Otherwise, CU Boulder intends to comply with the subpoena and provide the records to the requestor in mid-June 2023.
The judge in this lawsuit issued a protective order over confidential records, which includes certain student records provided by universities. This information may or may not affect what course of action you may decide to take.
If you have questions about responding, please consult with your/an attorney. If you have questions regarding the subpoena itself, contact the attorney for the plaintiffs: Benjamin J. Siegel, Hagens Berman Sobol Shapiro, LLP, 715 Hearst Ave., Suite 202, Berkeley, CA 94710, 510-725-3036. Please do not send inquiries or responses of consent to the Office of the Registrar.
Kristi Wold-McCormick, PhD
Assistant Vice Provost and University Registrar
Office of the Registrar | University of Colorado Boulder
303-492-6970 | firstname.lastname@example.org