Elon Musk was hit with a proposed class action lawsuit on Tuesday by registered voters who claim his $1 million-a-day giveaway was fraudulent after they signed his petition supporting the constitution.
The complaint, filed by Arizona resident Jacqueline McAferty in federal court, alleges that Musk and his America Pac organization misled voters by falsely promising that winners would be chosen randomly. Instead, the lawsuit claims Pac members handpicked the winners. Musk’s attorneys admitted in court that the sweepstakes results weren’t random, revealing that winners were selected to serve as spokespeople for the group.
“The $1m recipients are not chosen by chance,” Musk’s attorney Chris Gober stated in a Pennsylvania hearing. “We know exactly who will be announced as the $1m recipient today and tomorrow.” However, Musk had previously stated at a campaign rally that his Pac would be “awarding $1m randomly to people who have signed the petition.”
McAferty also accused the defendants of benefiting from the giveaway by increasing traffic to Musk’s X social media platform and by gathering personal data, such as her name, address, and phone number, that could potentially be sold. Neither Musk’s nor McAferty’s attorneys immediately responded to requests for comment.
McAferty filed the lawsuit a day after Philadelphia District Attorney Larry Krasner’s request to end the giveaway was denied by a judge, with Krasner describing the giveaway as an illegal lottery. However, the ruling was largely symbolic as Musk does not intend to continue the giveaway following the U.S. presidential election.
The giveaway was initially open to voters in seven battleground states who signed a petition supporting free speech and gun rights. Tuesday’s lawsuit seeks at least $5 million in damages for all petition signers.
Musk has publicly supported Donald Trump in the presidential race against Kamala Harris, contributing over $100 million through America Pac.
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