Overview

• U.S. District Judge Robert Pitman in Austin denied a motion to dismiss on Aug. 20, keeping McAferty v. Musk, No. 24-01346, active in the Western District of Texas.
• Lead plaintiff Jacqueline McAferty alleges voters in seven battleground states were induced to sign a petition for a daily $1 million chance advertised as random despite no real opportunity to win.
• The court cited statements that money could be “won” or was being “awarded,” finding it plausible that voters relied on a promise of a lottery.
• Musk and America PAC contend the $1 million payments went to people “selected to earn” as PAC spokespeople rather than to winners of a prize.
• The case will test claims about the collection of names, addresses, emails and phone numbers, following an October DOJ warning and a separate Philadelphia ruling that declined to halt the giveaway.