Overview

• U.S. District Judge Robert Pitman in Austin denied an early bid to dismiss Jacqueline McAferty’s proposed class action against Elon Musk and America PAC.
• Pitman said it was plausible voters justifiably relied on statements that money could be “won” or “awarded,” suggesting a random lottery.
• The complaint alleges voters were induced to sign a petition and provide names, addresses, emails and phone numbers during the 2024 campaign.
• Musk argued recipients were “selected to earn” payments as PAC spokespeople rather than being awarded prizes, a position the judge declined to accept at this stage.
• The giveaways were run by America PAC to support President Donald Trump in seven battleground states, and a Philadelphia judge earlier declined to halt the program.