The family of Faizon Brandon, a quarterback at Grimsley High School in Greensboro, North Carolina and a University of Tennessee commit, is suing the state over lack of NIL access. His mother, Rolanda Brandon, filed a suit in Wake County Superior Court last week. She claims the state’s Board of Education “exceeded its authority” by banning public school students from profiting off NIL deals.

“The State Board of Education was asked to create rules allowing public high school athletes to use their NIL— it was not empowered to ban it,” attorney Mike Ingersoll said in a statement provided to The Charlotte Observer. “We look forward to correcting the State Board’s error and to help our client benefit from the incredible value and opportunities his hard work and commitment have created for his name, image, and likeness.”

The lawsuit says Brandon’s inability to use his NIL jeopardized “his ability to capitalize on life-changing opportunities currently available to him and provide himself and his family with financial security.” It asks the court to allow North Carolina public high school athletes to profit off their name, image and likeness.

The suit also included letters exchanged between Brandon’s lawyers and Allison Schafer, the State Board of Education’s general counsel. She indicated that the current ban is only for the 2024-25 school year, according to The Charlotte Observer.

“The (State Board) now must go through permanent rule-making on the NIL question,” Schafer wrote in a letter. “This is cumbersome and lengthy legislatively required process that takes approximately one year. In the coming year, the (State Board) will focus on beginning the process to adopt a permanent rule for the 2025-26 school year and beyond.”

North Carolina is one of the rare states not to allow public high school athletes from taking part in NIL activities such as autograph signing and public appearances, ABC11 reported. Private school athletes in the state are now able to profit from NIL deals this fall. For instance, David Sanders Jr., a football player at Providence Day School in Charlotte and also a Tennessee recruit, has been selling merchandise in his image and has signed brand deals.

Brandon is currently ranked as the No. 1 player in the class of 2026 on a national level, according to 247 Sports. Before committing to the University of Tennessee, he received offers from the University of Alabama, Boston College, the University of North Carolina at Charlotte and Duke.

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