Arizona resident Jacqueline McAferty has filed a lawsuit against Elon Musk and the pro-Trump America PAC in federal court, alleging fraud over a $1 million-a-day lottery offered to voters in key swing states.

This proposed class-action suit came just a day after a judge in Philadelphia denied the city’s request to halt the lottery, an outcome influenced by Musk’s defense arguments in that case.

McAferty’s complaint, filed in Austin, Texas, accuses Musk of misleading the public by claiming that lottery winners would be chosen at random, though the selection process was allegedly prearranged. The lawsuit refers to statements from Chris Gober, a Republican lawyer and former treasurer of America PAC, who reportedly testified that winners were predetermined. “The $1 million recipients are not chosen by chance,” Gober stated in a Philadelphia court, contradicting Musk’s public claims that the awards were random.

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According to McAferty, she signed a petition on October 20, the day Musk announced the contest, believing the lottery was legitimate. The complaint argues that Musk’s statements were intended to persuade people to sign the petition, which allowed America PAC to collect personal data. McAferty is now accusing Musk of both fraud and breach of contract.

The lawsuit further alleges that the petition required voters to provide detailed personal information—including full name, email, address, and phone number—without specifying how this data would be used or protected. Additionally, the suit claims Musk leveraged the lottery to drive substantial traffic to his social media platform, X.

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