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The mother of Class of 2026 Tennessee five-star quarterback commit Faizon Brandon has brought the fight for NIL rights to the courtroom.

Currently 39 states – through laws or local athletic associations – allow athletes to participate in NIL deals without forfeiting the ability to play high school sports. North Carolina remains one of the 11 that does not allow high schoolers to capitalize on NIL.

Filed by Rolanda Brandon on Friday in Wake County against the North Carolina Board of Education and Department of Public Instruction, the suit states the quarterback was offered life-changing NIL money by a “prominent national trading card company.” The complaint asks for a preliminary and permanent injunction to allow NIL for public high school athletes.

“By imposing a full ban …. has harmed F.B. widely regarded as the nation’s top-rated high school football recruit in his class – by unlawfully restricting his right to freely use his NIL, which he and he alone owns, thereby jeopardizing his ability to capitalize on life-changing opportunities currently available to him and provide himself and his family with financial security,” the complaint states.

Private schools in North Carolina allow NIL

The North Carolina High School Athletic Association Board of Directors approved a proposal in May 2023 that would’ve brought NIL rights to North Carolina public high school student-athletes starting on July 1, 2023. But North Carolina politicians shut the measure down barely a day later with legislation that eventually stripped the state association of much of its power and threatened its very existence.

But private school athletes in North Carolina can profit off NIL. The top North Carolina prospect in the 2025 class, David Sanders Jr., attends Providence Day School, a private school. He’s already signed NIL representation with WME. 

“The Board’s NIL Prohibition is not just inconsistent with the overwhelming majority of states nationally, but is inconsistent with NIL policy in North Carolina, itself,” Monday’s filing states.

The filing also states the quarterback has missed out on “potentially millions of dollars that Brandon has no guarantee of ever recouping.” 

Trading card companies offering major high school deals

Over the last six months, top high school football prospects have inked exclusive, multi-year deals with Leaf Trading Cards. At least six of the top quarterbacks in the upcoming 2025, 2026 and 2027 classes have inked NIL deals with the company. That doesn’t include Florida freshman quarterback DJ Lagway, who signed with Leaf shortly after enrolling.

Faizon Brandon does not have that opportunity. On April 30, the quarterback was presented with the “life-changing” deal that would have paid him and his family “a substantial sum of money.”

“I definitely feel like that as this process gets started, if the state doesn’t allow the public schools to benefit the same way that the private schools are, that it will become a factor in losing kids to private school,” said Darryl Brown, the coach at Grimsley High School, where Faizon Brandon plays, previously told On3.

The complaint also states that Brandon and his mother, Rolanda, reached out to the Board of Education in July asking for information on the NIL prohibition. Brandon was also denied a meeting.

“F.B. has also been approached by other businesses wishing to license F.B.’s NIL for commercial purposes and have expressed terms to F.B. that would yield him sums similar to or in excess of his proposed agreement with NIL Sponsor 1,” the complaint states. “However, expressly because of the Board’s improper NIL prohibition, those businesses will not engage in any meaningful discussions with F.B.”