Why You Need to Opt Out of the NFL Settlement NOW!

Aug 26, 2013



It started with a message from Joe DeLamielleure and then Fred Dryer, Ed White and Elvin Bethea joined him to let everyone how important it is to Opt Out of the NFL Films Settlement offer now. Friday is the final deadline for getting your Opt Out paperwork in so we strongly suggest everyone should get this done by Thursday whether you do it yourself or use an attorney 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 originally sent to members of the Class (click HERE to read the document and your options).
Joe DeLamielleure Hall of FameDave,
I was used by the Hausfeld team for nothing more than to make connections to many former players for them. I don’t like being used and I refuse to be used any more. So I’ve officially OPTED OUT of the proposed settlement and I want everyone to know.
Every former player owes it to himself to opt out of this empty deal. I know I’m joining a lot of my Hall of Fame brothers and fellow retired players in opting out and I encourage everyone to consider opting out before time runs out.
Joe DeLamielleure
Buffalo Bills, Cleveland Browns
1973 – 1985
Hall of Fame 2003
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Fred DryerTo those players who haven’t Opted Out yet -
I want to let everyone know that I have also officially Opted Out. As the original named Plaintiff in this NFL Films lawsuit, I felt it was important to make it known to everyone.
I want to welcome Joe De and all of my like-minded brothers to the land of common sense and reason.
The more you know about this poisonous document, the more self-evident it becomes that we all need to continue the fight instead of rolling over and not doing anything. Opt Out TODAY!
Fred Dryer
New York Giants, LA Rams
1969 – 1981
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Ed and FredTo All My Fellow Retired NFL Players:
I had already announced my Opt Out a while back in some Comments here on Dave’s Blog but wanted to join with Joe De, Fred and Elvin to encourage everyone who hasn’t already done so to Opt Out NOW! This is a very pivotal moment in our history. The Dryer Case can make a difference. I believe everyone who ever played contributed to NFL Films and should be paid fairly for it. Everyone on a team contributes to that team’s highlights. Whether we were backups or starters, we should not be forced to give up our rights for nothing. That is why I oppose this settlement.
I want everyone to know that I choose to be excluded from the Settlement. I must OPT OUT of this settlement, because I do not agree to let the NFL use my identity with NO compensation. I do not think it is fair that the NFL continues to make money from using my identity and yours. I believe this settlement would do exactly that. The settlement would allow the NFL to continue to use my name, nickname, autographs, voice, videos of my play in NFL games, photographs, signatures and more – just know that the NFL has already used these without my permission and I refuse to give them permission to continue to do so. I believe this settlement would do exactly that.
This is only one important reason that I oppose this settlement; there are others that are just as bad. It is time to OPT OUT of this stinky deal.
The other five retired players and I who started Dryer vs NFL in 2009 have been accused of fighting this settlement for personal gain. This is 100% false! We want ALL PLAYERS to be paid fairly for being used in NFL Films. We have never asked to be paid any differently than anyone else.
Ed White
17-year NFL Vet
Minnesota Vikings, San Diego Chargers
1969 – 1985
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Elvin Bethea HoFGentlemen (and families of retired players) -
When this lawsuit started, I was proud to be named alongside Fred, Ed, Dante, Jim and Joe as one of the Original Six Plaintiffs. But as this lawsuit progressed, we quickly saw just how Zimmerman and Hausfeld showed their true colors. Just as Joe De said, Hausfeld brought many of us in at the beginning for our network of friends and our good names so that they could convince as many of you as possible to go along with them. When we were finally told about this Settlement offer, it was already a “done deal” as far as Hausfeld was concerned and we were never consulted on any of it. So we disagreed with Hausfeld and he found other men to add to the suit instead.
As some of you also read here on Dave Pear’s Blog, Hausfeld even put my name on one of his announcements to make it look like we had all endorsed his ideas. I am still waiting for him to offer a formal PUBLIC apology and retraction for doing that. Even worse, I still have my travel receipts for a trip I took to meet with Zimmerman a couple of years ago that have not been reimbursed to me. And I know that no one – NO ONE – has submitted my expenses as part of the proposal on how that initial $7.5 million is going to be divided up among the lawyers, even though they already have money spent for some outsider to “run” this phony players’ agency and charity for $5,000 a month!
I Opted Out three different ways just to be sure it was filed. I sent in an Opt Out form to the courts, as well as two more copies to the company that Hausfeld hired to run this process. I now have receipts to show I Opted Out. Everyone needs to send a clear message that we’re not going to be taking any more of this treatment from the NFL or any of its lawyers. We want what’s owed to us from the past, the present and the future for ourselves and our families.
Elvin Bethea
Houston Oilers
1968 – 1983
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8 Responses so far | Have Your Say!

  1. Dave Pear
    August 26th, 2013 at 2:43 pm #

    Dave at Home

    If you decide to use my attorney, Jason Luckasevic, to file your Opt Out, his office informs me that he MUST have all your paperwork in his hands by no later than this Thursday, August 29th to ensure he can get it filed on time before the deadline this Labor Day weekend. Don’t think it wasn’t intentional that they chose this weekend to make it even more difficult to get your Opt Outs filed on time!

    Call Jason 1(800)471-3980!


  2. Brandi Winans
    August 26th, 2013 at 5:04 pm #

    Brandi Winans

    Call Jason’s office and they will send you an email with a power of attorney and opt out info and you can overnight it back on their dime.

    Brandi Winans
    widow Jeff Winans
    1951 – 2012
    Buffalo Bills, New Orleans Saints,
    Tampa Bay Buccaneers, Oakland Raiders
    1973 – 1980
    Jeff Winans Bucs

  3. RobertinSeattle
    August 26th, 2013 at 5:23 pm #


    This is something that Brandi passed along to us at our recent Football Veterans’ Conference in May:

    Brandi and Jeff had divorced after many difficult years together in large part because of Jeff’s brain injuries. Brandi had spent years lobbying the NFL to finally get Jeff his earned disability benefits. They were planning on getting re-married when Jeff passed away suddenly last December just before Brandi was about to fly out to California to visit him. Because they were no longer married due to football-related issues, Brandi will have no surviving spouse benefits nor will she have any direct benefit from Jeff’s visual rights. However, their son may still be the beneficiary of his Father’s football images and footage. If he doesn’t lose them because of the NFL’s new attempts to steal them with this Settlement offer.

    What’s even worse? Brandi and some friends had put together a short memorial video to commemorate Jeff’s life and posted it up on YouTube to share with friends and family. They included a few short clips from Jeff’s NFL playing days. YouTube got a copyright violation request and Jeff’s Memorial video was taken down! How evil is that? Is that the control you want to give these people over your images and name? Is this the legacy you want to leave your spouses and children because of NFL greed?


  4. Rick Eber
    August 26th, 2013 at 6:07 pm #

    Rick Eber


    Hearing about your son makes me think of “Two Kinds of FOREVER”:

    1. One kind gives away the image, voice and persona of players until there is no more NFL which could actually be longer than FOREVER :-)

    2. The other kind of FOREVER is for players who Opt-Out and win a legitimate residual instead of a pie-in-the-sky charity until there is no more NFL. And if a player passes away, he can still leave it to his family – or in this case a son – for generations to come!

    I’m going with door #2.

    Rick Eber
    Atlanta Falcons, San Diego Chargers
    1968 – 1972

  5. Roger L. Brown
    August 27th, 2013 at 5:04 am #

    Roger Brown

    I am opting out.

    Roger Brown
    Detroit Lions, LA Rams
    1960 – 1969

  6. Mel Owens
    August 27th, 2013 at 5:55 pm #

    Mel Owens


    I am opting out of the proposed settlement. I chose to do so because in my opinion, the settlement will not provide any tangible benefit to any player.

    First and foremost, under the proposed settlement, the player is not guaranteed rights to his likeness which is what the lawsuit was about in the first place.

    Second, there’s no guarantee to any monetary benefit for any of the past use or continued use of a player’s likeness.

    Third, no one has even put a value on the NFL Films library and this must be determined before any settlement can be considered.

    Mel Owens
    LA Rams
    1981 – 1991
    Workers Comp Attorney

  7. John Kompara
    August 28th, 2013 at 12:12 pm #

    LA Chargers AFL

    I want to Opt Out. I thought I had already Opted Out but I can’t seem to find out from anyone if it went through and let me know if I am now officially OUT.

    I think we’ve been given the runaround for a long time and it’s time to get it right especially for us Pre-59’ers who don’t receive anything. And I’m not even “vested” according to their rules: I’m short on their four-year vesting rule!

    John Kompara 60
    John Kompara
    New York Giants, Los Angeles Chargers AFL
    1959 – 1962

  8. Mike Mercer
    August 29th, 2013 at 7:38 pm #

    Mike Mercer

    I opted out 8/16/2013.

    Mike Mercer
    Minnesota Vikings, Oakland Raiders
    Kansas City Chiefs, Buffalo Bills
    Green Bay Packers, San Diego Chargers
    1961 – 1971