CONSUMER COMPLAINT vs NFL: RESTORATION OF PATRIOTS 1ST ('16) & 4TH ('17) ROUND DRAFT PICKS

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BACKGROUND:

Following an accusation that Tom Brady of the New England Patriots was "generally aware" of an alleged scheme to deflate footballs used in the AFC Championship Game on January 18, 2015 between New England and the Indianapolis Colts, the player (Tom Brady) was penalized with a 4 game suspension.  

The NFL's investigation concluded that the New England Patriots Team was absolved of wrongdoing (pg 121 of the NFL's "Wells Report" - http://static.nfl.com/static/content/public/photo/2015/05/06/0ap3000000491381.pdf ) yet the NFL Commissioner, Roger Goodell punished the team by fining them ($1 million) and taking away their 1st and 4th round draft picks in the 2016 & 2017 Drafts, respectively.

Based on the aforementioned NFL conclusion regarding the team being absolved of wrongdoing and based on the recent appeal(s) that have found no evidence that the team or player (Tom Brady) breached the rules regarding tampering with footballs, this petition is to support the recent Consumer Complaint that was filed with the MA AG's office  with the goal of demanding that the NFL restore the 2 lost draft picks based on the Complaint, below:

MA CONSUMER COMPLAINT Filed 2015/02/05 UNDER MA GENERAL LAWS 93A (Section 2 & Section 2a):

On behalf of Consumers of the National Football League (NFL) in MA, I/we claim that the NFL has breached Chapter 93A, Section 2 & 2a of the MA General (Consumer) Laws by wrongfully taking away the 1st and 4th round draft picks (2016-17) of the New England Patriots, who were absolved of wrongdoing (see Ted Wells Report re: Team & coaches [lack of] involvement).

The NFL has also lost an appeal against a player of that team, Tom Brady which is currently pending another NFL appeal on March 3, 2016. 

By denying the team of aforementioned draft picks as punishment without guilt, the NFL has, in essence, created an unfair method of competition for the Patriots and the consumer, when compared to the other 31 NFL franchises and consumers who likewise, have not warranted such punishment. (All teams not-guilty = all teams keep draft picks) 

MA GENERAL LAW 93A - REGULATION OF BUSINESS PRACTICES FOR CONSUMERS PROTECTION  

  • Section 2 - Unfair practices; legislative intent; rules and regulations 
  • Section 2. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful

 
We hereby assert that the NFL's action of taking away the two draft picks of the New England Patriots, without warrant, has unfairly altered the competitive  fairness and consumer expectations of same!

Respectfully,

James C. Derochea



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