Elon Musk and his pro-Trump America PAC are facing a lawsuit in Texas, brought by Jacqueline McAferty, an Arizona resident. Filed in a federal court in Austin, the suit alleges that Musk’s highly publicized $1 million-a-day lottery for registered voters in swing states was fraudulent.
McAferty claims the giveaway, promoted by Musk as a random selection process, was actually predetermined, casting doubt on Musk’s statements about the lottery’s transparency.
The lawsuit emerged just a day after a Philadelphia judge declined to order Musk to halt the lottery. The class-action suit appears to be influenced by comments made by Chris Gober, a Republican lawyer who, according to CNBC, once served as America PAC’s treasurer. Gober testified in a Philadelphia case on Monday, revealing that the lottery’s recipients were not chosen by chance. He stated, “We know exactly who will be announced as the $1 million recipient today and tomorrow,” contradicting Musk’s claim that winners were selected randomly.
Claims of Data Misuse and Platform Promotion
McAferty’s suit argues that Musk’s lottery was designed not only to deceive but also to collect personal data from individuals in swing states. To participate, voters were required to provide their names, email addresses, mailing addresses, and cell phone numbers. According to the complaint, the America PAC petition made no mention of limits on data usage, nor did it clarify potential data sales, suggesting a potential scheme for collecting voter data under the guise of a lottery.
In her filing, McAferty accuses Musk of fraud and breach of contract, arguing that Musk “made the false statements with the intention of inducing individuals to sign the America PAC petition.” The suit further claims the lottery served as a tool to drive user traffic to Musk’s social platform, X.
If successful, the lawsuit could have broader implications, questioning the use of political giveaways and the transparency of data usage in high-profile campaigns.