The concern among many in college sports is NIL is being used as a recruiting inducement or as de facto pay-for-play, which are still against NCAA rules but have become difficult to enforce.

Source: https://www.gjsentinel.com/sports/professional/congressional-hearing-targets-nil-chaos-in-college-sports/article_add11a00-0615-59ac-924b-dfe6adbdd55b.html

“These pay-for-play collectives are not going to pass muster under Title IX,” says nationally renowned Title IX attorney Nancy Hogshead-Makar.

Source: https://rapidcityjournal.com/sports/college/mike-bianchi-by-title-ix-standards-nil-stands-for-not-inherently-legal/article_6f131e65-e35a-5e78-83e8-3dbe8111c4ab.html