Elon Musk has asked a federal judge in Austin, Texas, to dismiss a proposed class-action lawsuit accusing him of deceiving voters into signing a petition supporting the U.S. Constitution with promises of a $1 million-a-day giveaway.
Arizona resident Jacqueline McAferty filed the lawsuit on Election Day, Nov. 5, 2024, claiming Musk and his political action committee, America PAC, misled voters in seven battleground states by offering random winners a chance at the giveaway. Musk, however, argued that participants were informed they would be reviewed for opportunities to earn the $1 million by becoming spokespeople for America PAC, making it an “opportunity to earn,” not a lottery.
“Chance was not involved here,” Musk said in a late Friday court filing. He denied the claim that the giveaway violated Texas laws against deceptive trade practices.
McAferty also alleged that Musk and America PAC collected voters’ personal information, potentially to sell it. Musk dismissed these claims, asserting no harm was caused to petition signers.
The lawsuit seeks $5 million in damages for participants. Musk launched America PAC to support Donald Trump’s successful 2024 presidential bid.
The case follows a Nov. 4 ruling by a Philadelphia judge who declined to halt Musk’s giveaway, saying it did not qualify as an illegal lottery.
Lawyers for the proposed class have not commented. Musk, a Texas resident, also bases Tesla’s operations in Austin. The case is McAferty v. Musk et al, No. 24-01346, U.S. District Court, Western District of Texas.
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