WEBVTT 1 00:00:00.000 --> 00:00:03.240 Everything that happened about ten months ago is going to be dramatic. But most 2 00:00:03.279 --> 00:00:07.559 importantly, the Bengals need to win that damn football game, because otherwise the 3 00:00:07.599 --> 00:00:10.800 Bills are going to be way in front of the Bengals, possibly for a 4 00:00:10.839 --> 00:00:14.080 wild card. But it also made determine who's going to have the wildcard in 5 00:00:14.119 --> 00:00:16.960 the playoffs. It needs to be here, not in Buffalo, but until 6 00:00:17.000 --> 00:00:21.440 then. A week or so ago, our Attorney General David yost sent a 7 00:00:21.480 --> 00:00:27.000 letter to the NCAA on behalf of UC two time transfer Aziz Bandego in response 8 00:00:27.320 --> 00:00:32.280 to their ruling that he was ineligible. There's a couple of basketball players who 9 00:00:32.799 --> 00:00:36.640 would like to play this year for Cincinnati but are having difficulties, and our 10 00:00:36.640 --> 00:00:40.799 Attorney General, David yost I sent a letter. He got a response recently 11 00:00:40.799 --> 00:00:45.439 from the NCAA. Plus he sued or did other things against Dollar General, 12 00:00:45.520 --> 00:00:49.920 the store in which the prices at the cash register were different than the prices 13 00:00:49.960 --> 00:00:53.399 on the shelf. It's like ordering a hamburger for nine to ninety five and 14 00:00:53.439 --> 00:00:56.640 you get the bill it's eleven ninety five. Many people don't even look at 15 00:00:56.640 --> 00:00:59.719 it. Tony Bender has so much money he didn't even look at the menu 16 00:00:59.759 --> 00:01:02.960 on the right side anymore. But a few of us are concerned about money 17 00:01:03.200 --> 00:01:07.760 joining us now? Is that same Attorney General David Yost and David welcome again 18 00:01:07.799 --> 00:01:10.560 to the Bill Cunningham Show. And first of all, can you tell the 19 00:01:10.560 --> 00:01:15.480 American people the essence of your letter to the NCAA. There's a real problem 20 00:01:15.599 --> 00:01:21.599 with the way they're running the portal. They've got these exceptions, the criteria 21 00:01:21.680 --> 00:01:27.519 are broad, even why to open, and so they're letting some people through 22 00:01:27.560 --> 00:01:34.000 them, some people not and it looks pretty arbitrary to me. So we 23 00:01:34.239 --> 00:01:41.920 challenge them. I think there's a very good argument under federal and state antitrust 24 00:01:42.040 --> 00:01:49.480 law that they're engaging in an illegal restraint on trade. And I let them 25 00:01:49.519 --> 00:01:53.799 know that we're not happy about this decision. And I guess it's under repeal 26 00:01:55.000 --> 00:01:57.319 from through their internal process. We should maybe hear by the end of this 27 00:01:57.439 --> 00:02:06.200 week. But this is a real issue. Were considering taking its court. 28 00:02:06.719 --> 00:02:10.599 Yeah, And the issue with Ben Dango and I guess Reynolds too, is 29 00:02:10.639 --> 00:02:16.080 a two time transfer, having played at UCF and Temple, and they're crucial. 30 00:02:16.439 --> 00:02:20.879 The issue is not so much are they good basketball players. I assume 31 00:02:20.879 --> 00:02:24.599 they are. The issue is to have a consistent set of objective rules that 32 00:02:24.759 --> 00:02:30.360 notifies a party whether or not they can play basketball or not. And you're 33 00:02:30.400 --> 00:02:36.080 saying that under due process clause of the Fifth and fourteenth Amendments, that substantive 34 00:02:36.159 --> 00:02:39.560 due process is not being followed. Procedural due process may not be followed, 35 00:02:39.759 --> 00:02:46.759 and that the interpretation of these rules are so broad that individually someone can not 36 00:02:46.919 --> 00:02:51.680 be notified what behavior is prohibited, what behavior is encouraged. And secondly, 37 00:02:52.240 --> 00:02:55.479 it takes away from a young man the opportunity at the age of twenty two 38 00:02:55.599 --> 00:03:00.680 years old to work to make money, l and otherwise. And so is 39 00:03:00.719 --> 00:03:06.520 your argument procedural substantive? Is it the Fifth Amendment? Is it the fourteenth 40 00:03:06.560 --> 00:03:10.479 Amendment? Is it based on the Ohio Constitution, the US Constitution or statutory 41 00:03:10.520 --> 00:03:15.400 interpretation? You know what I'm saying, it's kind of all those things. 42 00:03:15.520 --> 00:03:20.680 I mean, what they're doing, I think after the Nil decision in the 43 00:03:20.719 --> 00:03:27.240 Supreme Court a couple of years ago, their entire entire model is breaking down. 44 00:03:27.439 --> 00:03:30.159 One of the arguments they make is, hey, this is necessary for 45 00:03:30.680 --> 00:03:37.879 budgeting, planning. Well, what is it that's necessary to tie these these 46 00:03:37.919 --> 00:03:43.520 athletes like indentured servants to particular schools to say you're not allowed to move, 47 00:03:43.680 --> 00:03:46.240 you're not allowed to get a better deal, You're not allowed to go someplace 48 00:03:46.400 --> 00:03:54.360 that is going to play you. And that's really fundamentally a problem. I'm 49 00:03:54.400 --> 00:04:00.240 looking at the NCUBA. They stated, quote, a second time transfer will 50 00:04:00.280 --> 00:04:05.319 have to prove proof of a physical injury, mental health condition, or other 51 00:04:05.520 --> 00:04:14.639 exigent circumstances that clearly necessitate in immediate departure such as sexual abuse, sexual assault, 52 00:04:15.000 --> 00:04:18.759 or mental damages. In addition, the transfer to u See wants to 53 00:04:18.759 --> 00:04:23.879 be closer to his girlfriend's family in West Virginia who served as a surrogate for 54 00:04:23.920 --> 00:04:29.519 the family. And so when you talk about exceptions for physical injury, mental 55 00:04:29.560 --> 00:04:34.079 health, hell I got mental health problems or other exigent circumstances that necessitate a 56 00:04:34.160 --> 00:04:40.319 departure. That language is so broad. It leads up to a person individually 57 00:04:40.680 --> 00:04:45.480 to serve as their grand potentate and doesn't notify these players what rules they're violating, 58 00:04:45.560 --> 00:04:48.480 what rules they're not violating. But secondly, my producer, Tony Bender 59 00:04:48.519 --> 00:04:53.800 wants to know how come the Attorney General is involved in this matter? Can 60 00:04:53.839 --> 00:04:59.040 you tell him why the ag is going after the NCAA and might sue him. 61 00:04:59.279 --> 00:05:05.240 Yeah, I enforce anti trust law. This is not a So I'm 62 00:05:05.279 --> 00:05:10.720 not going to sue on behalf of this individual law athlete. If we go 63 00:05:10.879 --> 00:05:15.240 there, it's up to him to vindicate his own rights. However, I'm 64 00:05:15.279 --> 00:05:23.959 supposed to enforce anti trust law on behalf of the state of Ohio and not 65 00:05:24.079 --> 00:05:27.759 to permit the restraint of trade, which is exactly what's happening here. And 66 00:05:27.839 --> 00:05:33.720 the University of Cincinnati is being harmed because they have a willing player that wants 67 00:05:33.759 --> 00:05:40.800 to come in and play for their school and they're being arbitrarily prevented by this 68 00:05:41.399 --> 00:05:46.439 illegal restraints of trade. The NCAA is perpetrating. But it's just not right. 69 00:05:46.480 --> 00:05:50.040 I mean, what if there was a National Broadcasters Association said you have 70 00:05:50.160 --> 00:05:54.839 to stay in Cincinnati, Oh, unless I've signed an agreement on that. 71 00:05:55.000 --> 00:05:58.439 Well, you love Cincinnati, but I love I'm not Leo. I'm not 72 00:05:58.480 --> 00:06:00.399 going to Delaware County. I'm going, oh where I'm staying here. But 73 00:06:00.519 --> 00:06:04.959 in this case, UH that this player from UH was from Kenya or Thailand 74 00:06:05.079 --> 00:06:10.600 or somewhere. This guy's never signed a non compete, he never signed an 75 00:06:10.639 --> 00:06:15.759 agreement to either comply or not comply. Or secondly, he never sign an 76 00:06:15.800 --> 00:06:21.199 agreement that the NCAA has the power to break rules substantive due process rules under 77 00:06:21.360 --> 00:06:26.920 the Clayton and Sherman anti trust laws. He's never agreed to let them do 78 00:06:27.040 --> 00:06:30.439 this. In my case, I may have a non compete that says I 79 00:06:30.519 --> 00:06:32.959 can't go somewhere else for like six months. Hell, I'm going nowhere else 80 00:06:33.000 --> 00:06:39.480 anyway, But nonetheless, as the entity in charge, and the second element 81 00:06:39.519 --> 00:06:42.800 of this is nil money, I would assume, like many players that you 82 00:06:42.959 --> 00:06:46.839 see, he's making a quarter of a million dollars by playing basketball. And 83 00:06:46.879 --> 00:06:50.240 if he doesn't, I have no idea it's a quarter of a million for 84 00:06:50.319 --> 00:06:55.439 him. That that's restraint of economic trade for him a lot of money. 85 00:06:55.959 --> 00:07:01.399 That's right, And look it, non competes can't be you used for simply 86 00:07:01.439 --> 00:07:06.959 restraining trade. They have to be backed up by some issue. For example, 87 00:07:08.399 --> 00:07:13.959 if it takes a long time to train you, or there are trade 88 00:07:14.000 --> 00:07:18.600 secrets, proprietary information, customer lists that you're going to come into contact with, 89 00:07:19.040 --> 00:07:23.959 then there can be a non compete that will be held up in a 90 00:07:24.079 --> 00:07:29.920 court. But for a reasonable time and for a reasonable geographic area. NC 91 00:07:30.040 --> 00:07:34.079 double A is going nationwide. It's for an entire year. He's going to 92 00:07:34.199 --> 00:07:41.720 kid's gonna lose a season. And he doesn't have any proprietary information. There's 93 00:07:41.800 --> 00:07:46.439 no training costs here that the university's trying to protect. They're trying to protect 94 00:07:46.480 --> 00:07:50.519 access to his labor. And I don't care that. You know, the 95 00:07:50.920 --> 00:07:54.199 NC double A wrote a letter back to me and said, well, you 96 00:07:54.279 --> 00:08:00.680 know, our member universities and colleges all agreed to these rules because they want 97 00:08:00.680 --> 00:08:03.600 it. Well, I got news for him. All the member universities are 98 00:08:03.600 --> 00:08:09.920 not allowed to collude and break antitrust law. Bingo right there, that's a 99 00:08:09.959 --> 00:08:13.279 good one, they're David. I like that one that Clayton and Sherman as 100 00:08:13.399 --> 00:08:16.759 interpreted. I like that now. No, And this guy's name is Bandango. 101 00:08:18.439 --> 00:08:24.160 Bandango needs to play for the Bearcats. Bandango, you see, and 102 00:08:24.240 --> 00:08:28.079 you say race serious concerns as an illegal restraint of trade. In essence, 103 00:08:28.199 --> 00:08:33.320 NCAA has imposed a sweeping, unilateral, one year non compete restriction and violation 104 00:08:33.360 --> 00:08:39.919 of both state and federal law. And that's exactly Bandango. He simply wants 105 00:08:39.919 --> 00:08:43.799 to play basketball. Make a quarter of a million dollars. He has no 106 00:08:43.080 --> 00:08:48.799 support system anywhere. I mean, this guy, I don't know. I 107 00:08:48.840 --> 00:08:52.559 hope you win this thing because I can't imagine the NCUBA has any rules anyway. 108 00:08:52.919 --> 00:08:56.039 They can't have no I mean, schools come and go out of leagues. 109 00:08:56.399 --> 00:09:00.200 Coaches go whenever they want. There's rumors that Sadderfield, the coach you 110 00:09:00.320 --> 00:09:03.960 see, may become a US senator soon from a Tubberville. I mean, 111 00:09:05.200 --> 00:09:09.399 all these rumors are out there, and the transfer to you. He's closer 112 00:09:09.399 --> 00:09:13.159 to his girlfriend's family, et cetera. Plus you can claim a mental health 113 00:09:13.360 --> 00:09:15.960 condition. You know, I want to be a bear cat? He could, 114 00:09:15.960 --> 00:09:18.399 Sam, I really want to wear at I want to be a bear 115 00:09:18.440 --> 00:09:22.080 cat. Well, when will this be be resolved? David Jose because the 116 00:09:22.120 --> 00:09:30.159 season starts next weekend. Yeah. The indication we have is that the decision 117 00:09:30.200 --> 00:09:33.960 on appeal and the appeal will get resolved, hopefully by the end of this 118 00:09:35.039 --> 00:09:37.879 week, and then we will see where we are. But I've got to 119 00:09:37.919 --> 00:09:43.399 tell you the letter I got back, they seem to be saying, we 120 00:09:43.440 --> 00:09:50.120 don't really care about your about your law. This is the way we do 121 00:09:50.200 --> 00:09:54.000 business, and every all of our universities agreed to it. So you go 122 00:09:54.080 --> 00:10:00.879 away and shut up. And even if this one case gets resolved, we've 123 00:10:00.960 --> 00:10:05.039 still got this system. Patrick Morrissey over the border in West Virginia, my 124 00:10:05.159 --> 00:10:09.200 colleague has a case like this. He wrote them another letter. He and 125 00:10:09.240 --> 00:10:15.120 I talked about whether we're going to get a group of ags together and maybe 126 00:10:15.120 --> 00:10:16.960 we go to court and fight this thing out once and for all. You 127 00:10:18.039 --> 00:10:22.799 can't be writing a deadline letter at the beginning of every season. Yeah, 128 00:10:22.120 --> 00:10:26.200 and Morrisy's the age in West Virginia, and all right, we'll see what 129 00:10:26.240 --> 00:10:31.120 happens with that. I noticed that the I team, a CPO in Cincinnati, 130 00:10:31.399 --> 00:10:37.159 did an investigation and discovered that there's all kinds of variances between what the 131 00:10:37.320 --> 00:10:41.840 cash registers state you owe for products and what's on the shelf itself and things 132 00:10:41.840 --> 00:10:46.399 of that character. The headline says the Attorney General that you has reached a 133 00:10:46.480 --> 00:10:52.080 one million dollar settlement with Dollar General after an investigation in twenty stores in southwest 134 00:10:52.120 --> 00:10:58.480 Ohio found prices on shelves were lower than that the register. You're encouraged to 135 00:10:58.480 --> 00:11:01.360 buy certain items, and you checked out out, and suddenly the price went 136 00:11:01.440 --> 00:11:05.120 up when you picked it up off the shelf and took it to the cash 137 00:11:05.159 --> 00:11:07.919 register, things went up, So explain that, please, Well, honestly, 138 00:11:09.000 --> 00:11:13.200 I think this was a function of the implationary environment. These stores run 139 00:11:13.480 --> 00:11:18.000 very lean, right, I mean you go in there, nobody's meeting at 140 00:11:18.039 --> 00:11:20.000 the door and saying what can I help you find today? I mean, 141 00:11:20.399 --> 00:11:26.480 they don't have many people. So if you're in an environment like we weren't 142 00:11:26.480 --> 00:11:31.799 twenty twenty two and into twenty twenty three, where you know week's week, 143 00:11:31.360 --> 00:11:39.600 the price you pay for shampoo is changing, You're gonna be keeping your price 144 00:11:39.679 --> 00:11:46.159 register database up to date, but not necessarily having paying clerk to go around 145 00:11:46.679 --> 00:11:50.600 and put new prices on all the shelves. That has to be done manually, 146 00:11:50.759 --> 00:11:56.879 and so there's a cost involved. I heard that the talk to the 147 00:11:56.919 --> 00:12:01.879 manager at my local Target here in Columbus, US and he told me that 148 00:12:01.919 --> 00:12:07.240 he had two people during the second half of twenty twenty two that we're doing 149 00:12:07.279 --> 00:12:13.480 nothing except going around to shelves and adjusting the prices. So I get that 150 00:12:13.039 --> 00:12:16.559 it was a tough environment, but at the same time, it's a tough 151 00:12:16.639 --> 00:12:22.960 environment for the customers. To not have the prices matching between shelf and price 152 00:12:24.000 --> 00:12:28.799 register is unfair. It's contrary to Consumer Sales Practices Act, and so it's 153 00:12:28.120 --> 00:12:33.799 against the law. And these are people could if you're stopping a dollar in 154 00:12:33.919 --> 00:12:39.000 general, these are the folks that can at least afford to pay an extra 155 00:12:39.120 --> 00:12:43.480 dollar for a two dollars bottle of sam two. Well, I read one 156 00:12:43.519 --> 00:12:48.120 of your comments quote everything we buy these days cost more. Ohioans can all 157 00:12:48.120 --> 00:12:52.679 afford. Businesses draw people in with the promise of low prices only to deceive 158 00:12:52.720 --> 00:12:56.360 them of the checkout counter with a higher price. It seems like a company 159 00:12:56.399 --> 00:13:00.960 trying to make an extra buck and open no one will know. We're not 160 00:13:01.000 --> 00:13:03.039 only noticed, but we're taking steps to stop it. So now you got 161 00:13:03.080 --> 00:13:09.360 the million bucks from a Dollar General. Judge Michael Oaster of Butler County's going 162 00:13:09.399 --> 00:13:13.639 to administer it. If you feel as if that you're one of the persons. 163 00:13:13.679 --> 00:13:16.799 I mean, Tony Bender shops a Dollar General all the time and he's 164 00:13:16.919 --> 00:13:20.120 very cognizantive price. He counts Nichols and dimes like they were manhole covers. 165 00:13:20.720 --> 00:13:24.440 But if you're one of the person who felt like you were screwed, blue 166 00:13:24.519 --> 00:13:26.480 tattooed, and barbecued, how can you get a piece of the action. 167 00:13:26.879 --> 00:13:33.720 Well, here's a couple of the problems with this case. Where first of 168 00:13:33.759 --> 00:13:37.320 all, people would get to the register. Most of them didn't even notice 169 00:13:37.399 --> 00:13:41.440 that they were being charged more. But when you know a few of them 170 00:13:41.440 --> 00:13:43.559 did and said, hey, that's only two dollars, is not three dollars 171 00:13:45.679 --> 00:13:48.399 And the person the register said, well, you've got paid for it. 172 00:13:50.000 --> 00:13:54.919 There's nothing I can do, So you don't have In many instances, we 173 00:13:56.240 --> 00:14:01.559 don't know who got screwed over and they don't know it. Secondly, who's 174 00:14:01.600 --> 00:14:05.080 going to go in It's it's like these you know, class actions. You 175 00:14:05.200 --> 00:14:11.159 get, we'll give you a voucher and seventy five cents you know, send 176 00:14:11.200 --> 00:14:16.159 in your form. Yeah, And so the way this is going to work 177 00:14:16.600 --> 00:14:24.000 is the stores that had these problems we are going to have. The money 178 00:14:24.039 --> 00:14:33.080 is going to go to food banks in those communities to provide food. And 179 00:14:33.799 --> 00:14:37.039 that was the best way we could figure out to try to give back to 180 00:14:37.080 --> 00:14:46.799 the community. Because chemmidly giving people two or three dollars or even seventeen dollars 181 00:14:46.840 --> 00:14:52.480 back if they were heavy shoppers, most of them don't know. And the 182 00:14:52.559 --> 00:14:58.279 cost of administering that was just well dollar General and et cetera, would would 183 00:14:58.519 --> 00:15:01.519 quit the practice, and maybe they didn't have them un level and intent. 184 00:15:01.639 --> 00:15:05.000 Maybe it was simply a bet. It never went the other way though. 185 00:15:05.039 --> 00:15:09.120 I bet the price on the shelf was a high and at the encounter check, 186 00:15:09.159 --> 00:15:13.120 how counter, it was low. Seemingly these things only happen in one 187 00:15:13.120 --> 00:15:18.639 direction. But nonetheless, according to this article, Judge Oster is gonna distribute 188 00:15:18.679 --> 00:15:22.080 seven hundred and fifty thousand dollars to zip codes where these stores are located. 189 00:15:22.120 --> 00:15:26.679 The other two hundred and fifty thousand it is a penalty and reimbursement to the 190 00:15:26.679 --> 00:15:28.720 state of Ohio. And that's the way it's going to work. Well, 191 00:15:28.840 --> 00:15:33.159 David Yos, thanks for clearing things up, and good luck with Ben Dango. 192 00:15:33.519 --> 00:15:37.960 Hopefully it'll be dunking basketballs for you see next week. We'll see how 193 00:15:37.000 --> 00:15:41.000 that turns out, all right, Thank you, Hekat, Thank you very 194 00:15:41.080 --> 00:15:43.200 much, David Yos, Ohio Attorney General. And that you may go to 195 00:15:43.240 --> 00:15:46.840 the website also to see more information about the settlement. But it appears to 196 00:15:46.879 --> 00:15:52.080 be you're not going to have some administrator lining up, some lawyer lining up 197 00:15:52.120 --> 00:15:54.600 to spend a year or two and determining how many people get fifty cents and 198 00:15:54.639 --> 00:16:00.000 who gets two dollars. The administrative expenses would be greater. By the time 199 00:16:00.000 --> 00:16:02.919 time you got done in that process, there'll be no money left anyway. 200 00:16:02.960 --> 00:16:07.399 But just so Dollar General gets the idea and Target or whatever Walmart, that 201 00:16:07.440 --> 00:16:11.039 there has to be some system that the price on the shelf is the price 202 00:16:11.080 --> 00:16:14.600 of the checkout counter, and things only go in one direction, doesn't it. 203 00:16:15.039 --> 00:16:19.200 So let's continue with more. Bill Cunningham News Radio seven hundred WLW that 204 00:16:19.399 --> 00:16:25.519 sound marks innovation, and relieve knowing every seat is proven in the toughest environments. 205 00:16:25.720 --> 00:16:26.759 It marks the start of the best year you'll ever have.