Musk, America PAC sued for allegedly rigging $1M election prize

This was pretty inevitable after its lawyers admitted in court that the giveaway wasn't random

Elon Musk and his America PAC have been sued for allegedly lying about their $1 million election lottery after letting slip in a court hearing earlier this month that it wasn't as random as Musk suggested. 

The proposed class action complaint [PDF] was filed after election day by an Arizona resident who signed America PAC's pro-First and Second Amendment petition under the assumption they'd be eligible for a randomly awarded $1 million prize. Musk's own words, and those of his lawyers in court, indicate the supposedly random giveaway was anything but, with America PAC selecting winners based on their suitability to serve as spokespeople for the group. 

As such, or so the complaint alleges, the defendants must answer a case of fraud, breach of contract, and a violation of Texas' Deceptive Trade Practices Act. The suit references evidence in the public record.

If you've been keeping up with The Register's coverage of Musk's latest, you're likely fully aware of where those charges stem from.

"I have a surprise for you," Musk said in October at an America PAC rally in Pennsylvania. 

"We're going to be awarding a million dollars, randomly, to people who have signed the petition every day from now until the election," Musk announced before bringing the first winner up on stage. 

That announcement raised the hackles of Pennsylvania Governor Josh Shapiro, who said the giveaway at the very least merited a law enforcement look. 

A look by Philadelphia district attorney Larry Krasner quickly landed the matter in court, and while the matter worked out in Musk's favor with a judge declining to block the giveaway, Musk's legal eagles made the argument in court that it wasn't an illegal lottery because it wasn't a real lottery at all, with winners pre-selected by the group. 

"If [America PAC's] story is true, it's one of the greatest scams of the last 50 years," John Summers, who represented the Philly DA's office in the case, said at the hearing. 

It's that part that the Texas complaint bases its claims on, alleging that the giveaway wasn't random, and an unknown number of people may have only signed it under the false belief. Named defendant Jacqueline McAferty claims the signatures were made because of the possibility of winning a $1 million cash prize that she and others are unlikely to ever have been eligible for. 

That, combined with the need to submit a good deal of personal information when signing the petition and the absence of limitations or transparency regarding how America PAC could use or sell the data, means some form of relief for fraud is warranted, the complaint claims. 

"Plaintiff and the proposed class member having now discovered no legitimate lottery existed, and that they provided their personal identifying information to Defendants for nothing in exchange," the suit said. "Plaintiff demands the Court enjoin Defendant by requiring Defendant to destroy all personal identifying information Plaintiff and the proposed class members provided to Defendants."

Along with the deletion request, the case makes standard claims for costs of the proceedings, damages, and other injunctive relief, with trial by jury. Neither America PAC, Musk, nor lawyers for the plaintiff responded to questions. ®