Livvy Dunne’s Full Testimony in Court

I submitted my real NIL data but heard nothing back. I submitted actual financial information from NIL deals I had secured. Those deals were public facing, legitimate and documented but I received no confirmation, no updated estimate, no acknowledgement that my data was even seen let alone considered. Worse, the site was requesting I submit private contract values without any clear assurances that those documents would be kept secure or respected under my NDAs. There was no way to review or object. Even though I knew my number was wrong and I had the proof, there was no process to challenge or revise it before the deadline. That left athletes like me who had strong NIL value with no voice and no options. And for those who might ask, why didn’t you just sue separately? That would have required access to accurate, timely information and I didn’t have it until it was too late.

My value existed before NIL was legal. I don’t need to guess what I might have earned, I know. I had a growing platform and millions of followers before I ever stepped foot onto a college campus. Brands were interested, followers were engaged, demand was real. Had NIL rules not restricted me, my value would’ve started higher, scaled faster and grown even more. Including during high school, when I was already amassing a large following but couldn’t earn money without compromising my NCAA eligibility. That lost momentum matters and it’s been ignored.

This process lacked transparency. We were told to trust the system but the system didn’t communicate. I sent multiple emails but answers were vague. Critical information wasn’t available until the very last day. Meanwhile, lawyers may receive hundreds of millions in fees and athletes like me still don’t know if our data submissions were even considered. NIL is bigger than sports and this settlement misses that. This entire process defines athlete value based on the sport you played and how much revenue your team brought in but NIL is about more than wins and revenue. Sometimes, the athlete most harmed by these rules isn’t the star of the team. Sometimes, she’s a freshman, she’s a gymnast. A young woman with a phone, a dream and the discipline to build something that challenged the norm even when the system said not yet. This settlement uses old logic to calculate modern value. It takes a narrow snapshot of a still maturing market and freezes it. Ignoring the trajectory we were on and the deals we lost or we could have had. Your honor, I ask the settlement not be approved as it stands. Not just for me but for every athlete whose NIL value was real but invisible. We just deserve more than an estimate, we deserve to be heard, to be seen and to be compensated for the value we created. Not just the value the system was willing to measure. Thank you.”