Tech billionaire Elon Musk is facing a proposed class-action lawsuit filed on Tuesday by registered voters who signed his petition in support of the Constitution for a chance to win his $1 million-a-day giveaway.
The complaint, filed by Arizona resident Jacqueline McAferty in Austin, claims that Musk and his America PAC "defrauded" her and others by using his social media platform, X, to solicit political support. The petition, which promoted causes like free speech and the right to bear arms, falsely promised participants a "random" chance to win $1 million, but actually, the winners were predetermined, the complaint stated.
McAferty also asserted that the defendants profited from the giveaway by driving traffic to X, while also collecting personal information — including names, addresses, and phone numbers —potentially for sale, according to Reuters.
The plaintiff stated she would not have signed the America PAC petition or provided her personal information if she knew the winners were not selected at random and that she did not have a chance of winning the $1 million. She claims the winners were chosen to serve as spokespeople for the pro-Donald Trump political action committee, Fortune reported.
The lawsuit filed on Tuesday seeks a minimum of $5 million in damages for all individuals who signed the petition, together with an order requiring Musk and the PAC to destroy the personal information collected from her.
A second case was filed in Michigan by Robert Anthony Alvarez, who supports Democratic presidential candidate Kamala Harris. He also claimed that he signed the petition in support of free speech and gun rights, under the impression that he had a chance to win $1 million, after the sweepstakes was presented as a "nonpartisan giveaway."
"A closer look at the recipients of the $1 million prize show a clear pattern: that the selection not only is not random, but is a targeted process that eliminates anyone who is not a Republican or vocal supporter of Donald Trump," the complaint, filed by Alvarez, stated.
McAferty's complaint was filed a day after a ruling by a Philadelphia judge, who had rejected District Attorney Larry Krasner's request to end the giveaway. The judge declined to stop the contest despite Krasner's objections.
Labeling it an illegal lottery, Krasner had argued the promotion misled "Philadelphia citizens into surrendering their personal identifying information and making a political pledge in exchange for a chance to win $1 million."
During Monday's court hearing, Musk's attorney said that the giveaway was not actually random. Instead, the PAC selected registered voters from swing states to serve as public spokespeople for the committee, often choosing them based on their personal stories. A committee treasurer testified that these selected individuals were also required to sign employment contracts.
However, the court's decision was considered largely symbolic, as Musk did not plan to give money after the U.S. presidential election. The giveaway had been offered to voters in seven key swing states.
