Austin: Elon Musk has urged a federal judge to dismiss a proposed class action lawsuit filed by voters who claim they were deceived into supporting a petition for the U.S. Constitution in exchange for a chance to win Musk’s $1 million-a-day giveaway. The filing, submitted late Friday in the Austin, Texas federal court, rejects accusations that the giveaway constituted an illegal lottery, in violation of Texas laws on deceptive trade practices.
The lawsuit, brought by Arizona resident Jacqueline McAferty, alleges that Musk and his political action committee, America PAC, misled voters in seven key battleground states by falsely promising random selection of winners for the giveaway. McAferty claims that petition signers were duped into providing their support under false pretenses.
America PAC, founded by Musk to back Republican Donald Trump’s 2024 presidential campaign, is at the center of the controversy. Musk counters that the petition signers were informed that they would be considered for the opportunity to earn $1 million by becoming spokespeople for America PAC, rather than being promised a random prize. He emphasized that this distinction invalidates any claim that the giveaway was a “prize” to be won.
“Make no mistake: an eligible voter’s opportunity to earn is not the same thing as a chance to win,” Musk stated. He further clarified, “Chance was not involved here.”
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Musk also rejected the notion that petition signers suffered harm by providing their personal information—names, addresses, and phone numbers—which the plaintiffs allege Musk and America PAC might sell. Musk’s legal team has yet to respond to requests for comment on the matter.
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The class action lawsuit, filed on Election Day, November 5, 2024, seeks at least $5 million in damages for everyone who signed the petition. Earlier, a Philadelphia judge declined to halt Musk’s giveaway, citing the inability of the city’s top prosecutor to demonstrate it was an illegal lottery.
Musk, a Texas resident, is the CEO of Tesla, which is based in Austin.
The case is McAferty v Musk et al, U.S. District Court, Western District of Texas, No. 24-01346.
