Overview

• U.S. District Judge Robert Pitman in Austin denied Elon Musk and America PAC’s bid to dismiss the case, allowing McAferty v. Musk et al. (W.D. Tex., No. 24-01346) to continue.
• Lead plaintiff Jacqueline McAferty alleges voters in seven battleground states were induced to sign a petition and surrender contact details by promises of $1 million daily prizes chosen at random.
• Musk’s side argues recipients were “selected to earn” money as paid America PAC spokespeople, countering the characterization of a random lottery.
• Pitman said an expert in political data brokerage could testify about the commercial value of the personal information collected from signers.
• The ruling permits fraud and breach-of-contract claims to proceed, while a Philadelphia judge previously declined to halt the giveaway in 2024.