Opt Out NOW or Forever Lose Your Rights

Aug 23, 2013

Empty walletWe’re coming up fast on one of the most important dates in our careers as former football players. On August 30th, our right to Opt Out of the NFL Films Settlement Offer expires. We posted a countdown clock in the upper right sidebar of my blog just to remind all our readers that it’s looming. If you do not Opt Out, the NFL may well end up completely owning the rights to your name, your image and playing footage forever. Even though actors and musicians get paid for their work on the radio or on TV and sold as CDs or DVDs, the NFL is trying to re-write the rules by saying retired football players are the only people who can’t be paid for their vital role in a product that continues to make a lot of money every day. . Even worse, the court has just announced that the hearing which was supposed to take place in September has now been pushed forward until October 14th. But the deadline for Opting Out and Objecting won’t be extended past the August 30 deadline. .


. This is the reason it’s vital that each and every retired player who doesn’t want this do-nothing Settlement offer needs to send in your Opt Out paperwork IMMEDIATELY if you haven’t done so already. We’ve added a countdown clock to the upper right sidebar of our Blog page so you can see how little time you have left. To OPT OUT of the NFL Films Settlement Offer, please refer to the 12-page overview that was recently sent to members of the Class (click HERE to read the document and your options). . With so little time left, that’s just one reason that I’ve been telling players to have a lawyer represent you and file the necessary paperwork in your behalf so it’s done absolutely right and on time. Which is why I keep telling everyone to call my attorney Jason Luckasevic at Goldberg Persky White 1(800) 471-3980. I trust Jason and his firm and partners to do the right thing. Jason WILL be sending you a Limited Power of Attorney as required by law to be able to file your Opt Out paperwork on your behalf AND represent you in potential future litigation as your attorney. This is part of the process any attorney has to follow in order to actually do any work on your behalf; ignore any hearsay or misinformation that seems to be going out to some of you retired players in an effort to confuse or misdirect you from doing what’s right for YOU. Even if you chose to Opt Out initially on your own, you will need an attorney in the near future to represent your interests – and your interests only – all the way to the end. . We’ve said it here before but we’ll state it once again: You have nothing to lose by opting out and everything to gain by pushing forward with every legal option you have available. I know some of you who believe, “What’s the point? We’ve never gotten anything in the past and maybe our chances aren’t very good anyway by pushing ahead with litigation. So maybe I should just give it up and take what I can even if I don’t know what it is.” . That’s exactly what the NFL and their lawyers would like you to believe. And by giving in, you’ll actually be losing even more: You will no longer control your image or your name associated with football. Not without going back to the NFL and its hired agency to beg for what’s already supposed to be yours. Like Spencer Kopf said, it’s our self-respect we’re talking about here. Most of us have been beaten up over the years from fighting for the little crumbs that the NFL spills off its overflowing plate. Enough is enough! We’re at a real turning point in our decades of battle with the NFL and we can either choose to send a clear message that we’re not going to take it any more or just throw the towel in one last time! And I know I’m not ready to quit. . We know what we did. We played the game passionately with everything we had. We were – and are – the product. Without us, there would be no NFL. No football. Without us, there would be no Billion Dollar contracts with the television networks, no $3 million 30-second commercials on Super Bowl, no $35 million salary for Roger Goodell and no $10 million salary for DeMaurice Smith. No. Football. Without. Us. . And what has the NFL done? Deny us access to our earned pension and disability benefits that were supposed to be in place for the work we did. And now they want to keep showing and selling our legacy over the years without paying us for being in it. . And if you want to read why the Settlement Offer is so bad, you can check out the Objections filed this past Wednesday on behalf of James Marshall, Joe Senser and Dan Pastorini by Robins Kaplan Miller & Ciresi. We’ve uploaded copies of both the basic Objection and the Detailed List of Objections to Scribd for easy viewing and to make it available for downloading and printing. You can also click the Enlarge icon in the lower right corner of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close): . . . And our informal poll shows an overwhelming majority of the retired players who have voted on our Blog so far are overwhelmingly AGAINST this Settlement Offer. But do NOT forget – you have to formally OPT OUT to be excluded from accepting this deal! . [yop_poll id=”2″]

4 Responses so far | Have Your Say!

  1. Robin Earl
    August 23rd, 2013 at 2:48 pm #

    Robin Earl

    I mailed mine in with required signature of delivery last week!

    I’m trusting that you guys know what you are talking about!

    Robin Earl
    Chicago Bears
    1977 – 1982

  2. Lou Piccone
    August 24th, 2013 at 9:43 am #

    Lou Piccone

    So at this point, the player opts out of the current Class Action due to the Settlement having “No Value” except to the attorneys and charities and PR Firms that are contracted to “Sell” the Retired Players – “OUT.” I get that. However, the transition to all of those who opt out = We WERE represented. Then we opt out “without representation” following the previous guidelines. And at this time, we are not represented. And there are new lawsuits to take the NFL to task regarding the “True Value” of the NFL Films library.

    What is the next step for those who have opted out on their own? Do we need to select an Attorney? What is the Next Stage of this in a Class Action process because as your Post states, you will need an attorney who will represent you and “only you” to protect your rights to any future compensation for using your image?

    Just trying to identify the steps. By the way – I’ve OPTED OUT!

    What’s Next?

    Lou Piccone #89
    New York Jets 1974 – 1976
    Buffalo Bills 1977 – 1983

  3. Dave Pear
    August 24th, 2013 at 10:33 am #

    Dave Pear

    Lou –

    Great observations. This is why I pointed out that it was better to have an attorney file your Opt Out than to do it yourself. You can file it on your own but more than likely you’ll need one later anyway as things progress.

    No one really knows how this current suit is going to end up in October but having someone like Jason who is not associated with anyone else in the Dryer vs NFL Films lawsuit is probably a safer way to go. That’s how I made my decision.


  4. Johnny A. Watson
    August 25th, 2013 at 8:22 pm #

    John Watson

    I am Opted Out as of Aug. 24, 2013!

    Johnny A. Watson
    San Francisco 49ers, New Orleans Saints
    1971 – 1979