2024 NFL Free Agency Primer: The Legal Tampering Period

What constitutes "legal" tampering in NFL free agency? Frank Dyevoich takes a look at what is allowed once the NFL free agency period opens.

Officially, NFL free agents can’t sign a contract with a new team until the start of the new league year on March 13, 2024, at 4:00 p.m. EDT.

It is against league rules for players to talk to other teams about a contract while they are still under contract with their current team. However, the NFL allows impending unrestricted free agents to begin negotiating with other teams two days before the official start of free agency. This window of negotiating is called the legal tampering period.

So what is allowed and what is considered tampering? Let's take a look!

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What is Legal Tampering?

This process is known as the "legal tampering period," or as the NFL calls it, “the negotiating period for prospective unrestricted free agents.” You will also hear it referred to as the "negotiating window" or the "negotiation period," but let's be honest, those names are no fun.

The name comes from the league violation of illegal tampering, which is when teams discuss contract terms with a player or coach that is currently under contract with another team.

A prime example of tampering is when Miami Dolphins owner Stephen Ross and vice chairman Bruce Beal had many illegal communications with Tom Brady when he was a under contract with the New England Patriots and head coach Sean Payton when he was under contract with the New Orleans Saints. The team was fined $1.5 million and had to forfeit their 2023 first-round draft pick and their 2024 third-round draft pick.

An investigation found the Miami Dolphins violated tampering rules by speaking with Tom Brady and the agent of coach Sean Payton while they were under contract with other teams.

The team will forfeit two draft picks — and the owner will pay a $1.5 million fine. pic.twitter.com/xVG1YowtWR

— CBS Mornings (@CBSMornings) August 3, 2022

Technically, during the legal tampering period, the impending free agent is still under contract for another two days; however, teams are legally allowed to tamper during this window per the NFL rules and regulations, hence, legal tampering. The NFL doesn't like the phrase "legal tampering," but the oxymoronic phrase isn't going anywhere.

When Does Legal Tampering Start?

Starting at noon EDT on March 11, 2024, impending unrestricted free agents are allowed to negotiate and agree to full contractual terms with a new team. The specific provisions of the legal tampering period in the CBA are that all teams have the right to negotiate all aspects of an NFL player contract with the certified agent of an impending unrestricted free agent.

When it comes down to it, player contracts are negotiated in full and accepted verbally, but the player can’t sign the contract and make their new team official until the official start of free agency at 4:00 p.m. EDT on March 13. The fireworks start immediately when the legal tampering period opens, and more times than not is more exciting than the official start of free agency.

At the start of the legal tampering period, teams are allowed to negotiate with the certified agents of players as well as players who represent themselves, though this was prohibited until 2019 when the league finally decided to let unrepresented players negotiate as well.

While it seems small, this change eliminated a significant disadvantage that unrepresented players faced during the legal tampering period and rightfully placed them on the same level as players with agents.

Restrictions

Although players are allowed to negotiate new contracts with prospective teams, there are a few restrictions during the legal tampering period. First, it is only available to unrestricted free agents. Restricted free agents must wait until the official start of free agency to begin negotiating potential offer sheets with other teams.

Second, teams and players/agents may only negotiate non-binding agreements. This seems silly, but technically, binding contracts are not permitted until the start of the NFL season on March 13 at 4:00 p.m. EDT.

Despite the non-binding nature of the legal tampering agreements, most players stick to their word and sign the contract they agreed to two days later. However, it has happened, and shocker, it was the New York Jets who got screwed.

During the legal tampering period back in 2019, linebacker Anthony Barr was an impending unrestricted free agent and it was reported that he agreed to terms with the Jets. However, the next day it was reported that he changed his mind and decided to stay with the Vikings.

After telling the Jets he intended to sign with them, Anthony Barr got cold feet, changed his mind and informed the Vikings that he will be returning to Minnesota, as @MikeGarafolo reported.

— Adam Schefter (@AdamSchefter) March 12, 2019

Lastly, players are not allowed to visit with the teams, and agents as well as team personnel are not allowed to make travel arrangements for player visits on March 13. Technically, they must wait until free agency begins before making travel plans.

Any violation of these rules can result in a penalty for conduct detrimental to the league as well as a violation of the NFL’s anti-tampering policy. This can result in substantial fines and even the loss of future draft picks if the offenses committed are egregious, as we saw with the Miami Dolphins.

The legal tampering period is one of the most exciting times of the NFL offseason and I for one can't wait for the mayhem to ensue. There are not the usual high-profile free agents in this cycle, but if the NFL has taught us anything over the years, there will be plenty of surprises.

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