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Man sues Mass. Lottery for $1 million prize mistake

Jul 1, 2005, 12:51 pm

Massachusetts LotteryMassachusetts Lottery: Man sues Mass. Lottery for $1 million prize mistake

The odds of hitting a Caesars Palace instant game ticket for $1 million are one in 3,024,000. But when John Falvey thought he'd beaten the odds, he discovered instead he'd been jilted by Lady Luck.

Now Falvey, a Rhode Island resident formerly of Swansea, Mass., wants his day in court.

He filed a breach-of-contract lawsuit this week against the Massachusetts State Lottery Commission and State Treasurer Tim Cahill seeking the $1 million he was denied because of his purported misinterpretation of how the prizes are awarded.

Falvey, who declined to comment on the civil action, claims he bought a $5 scratch ticket in Fall River on Dec. 11, 2001. But when he tried to cash it in at Lottery headquarters in Braintree on April 11, 2002, he was told his ticket wasn't worth the paper it was printed on.

Falvey took exception. The ticket said, "Get a 7 or 11 in any spot, win that prize automatically." Falvey had scratched his way to a 7 that he took to mean he'd won $1 million.

But the directions were printed on the right side of the ticket, under a game called "Dice," while the prize was offered on the left side for a second game called "Roulette."

The Lottery defended the seemingly confusing language, telling Falvey it didn't matter what the directions said, the ticket's computer bar code and serial number are what really determine a winner.

A Lottery spokeswoman did not return a call yesterday.

Boston Herald

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26 comments. Last comment 7 years ago by LOTTOMIKE.
Page 1 of 2

United States
Member #17954
June 24, 2005
11 Posts
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Posted: July 1, 2005, 1:31 pm - IP Logged

i don't get it BS


    United States
    Member #380
    June 5, 2002
    11296 Posts
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    Posted: July 1, 2005, 3:23 pm - IP Logged

    Why bother suing if the prize is annuity-only?

      Todd's avatar - Cylon 2.gif
      Chief Bottle Washer
      New Jersey
      United States
      Member #1
      May 31, 2000
      19729 Posts
      Online
      Posted: July 1, 2005, 3:42 pm - IP Logged

      Cashonly, you can give your next annuity-only prize to me -- I'll unburden you from it.

       

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        Avatar

        United States
        Member #983
        December 30, 2002
        458 Posts
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        Posted: July 1, 2005, 4:26 pm - IP Logged

        http://www.masslottery.com/igodds/CaesarsPalace_odds.htm

        Look at the ticket. I'd be bullsh*t and ready to sue too.

         

          Avatar
          Greenwich, CT
          United States
          Member #4879
          May 24, 2004
          1822 Posts
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          Posted: July 1, 2005, 6:47 pm - IP Logged

          Oh come on!  The dice directions and the roulette directions are obviously separate and refer to their respective games. 

          Although I don't blame the guy for trying to make a quick buck.

            Avatar
            Roslindale, MA
            United States
            Member #5472
            July 1, 2004
            125 Posts
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            Posted: July 1, 2005, 7:21 pm - IP Logged

            If by some ungodly chance he wins, maybe he'll pay his lawyer an annuity-only fee....

              Avatar
              New Mexico
              United States
              Member #12540
              March 10, 2005
              2987 Posts
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              Posted: July 1, 2005, 7:33 pm - IP Logged

              After he went to all that trouble to scratch a 7 and 11, which he wouldn't have done if he'd not believed that's what he had to do to win, they ought to just hand over the annuity to him.... after all, it's worthless.  I know because I've been brainwashed into believing it by constant repitition of bumper sticker slogans about it from CO.

              Jack

                BabyJC's avatar - Lottery-031.jpg

                United States
                Member #3331
                January 7, 2004
                148 Posts
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                Posted: July 1, 2005, 8:08 pm - IP Logged

                There have been other similar cases in MA where the lottery was sued for what the customers said were "confusing" directions and the customers did not win!  I think the guy is not really confused and should be embarassed to sue. 

                The only thing I don't like with the MA scratch tickets is that they do not put the winning numbers on top in numerical order -- It's a pain to remember/match, especially on the $10 tickets!

                  Maverick's avatar - yinyang
                  USA
                  United States
                  Member #8399
                  October 29, 2004
                  1133 Posts
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                  Posted: July 1, 2005, 10:27 pm - IP Logged

                  Cashonly, you can give your next annuity-only prize to me -- I'll unburden you from it.

                  LOL

                    LOTTOMIKE's avatar - cash money.jpg
                    Tennessee
                    United States
                    Member #8005
                    October 15, 2004
                    11329 Posts
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                    Posted: July 1, 2005, 10:29 pm - IP Logged

                    i'll take it also if you don't want it!

                      dvdiva's avatar - 8ball

                      United States
                      Member #2380
                      September 17, 2003
                      2064 Posts
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                      Posted: July 1, 2005, 11:38 pm - IP Logged

                      I don't think he plays a lot of annuity only games. I could see him playing the Canadian lottery though since the prize is cash only.

                        Avatar
                        New Mexico
                        United States
                        Member #12540
                        March 10, 2005
                        2987 Posts
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                        Posted: July 2, 2005, 12:12 am - IP Logged

                        http://www.masslottery.com/igodds/CaesarsPalace_odds.htm

                        Look at the ticket. I'd be bullsh*t and ready to sue too.

                         

                        Thanks for that link. I've been studying that ticket for a while.  Although it's fine print on the front, I think the guy might just have a case.  That ticket-face was what was available for him to see .... on display where he bought the ticket... That's probably all he could see, that face.  That face has a faulty set of instructions, but it appears to say if you do what he did, you win.

                        Responsibility for representing the game as it is where it's viewed by the purchaser falls on the lottery commission.  If they display that set of instructions to ticket buyers, displayed in view at the time of purchase, and if there isn't some detailed card giving the game rules available to him, except on the back of the ticket, which he can't examine until after the purchase, I think this guy might just get his mil.

                        I'm sort of rooting for him.

                        Jack

                          KyMystikal's avatar - Lottery-016.jpg
                          Clarksville,Tennessee
                          United States
                          Member #8823
                          November 13, 2004
                          1858 Posts
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                          Posted: July 2, 2005, 11:22 am - IP Logged

                          After looking at the ticket, I too think they should pay him. I also think Mass. should have printed  Dice game and Roulette game in the game instructions to specify the two games in each directions. Personally I wouldn't have thought I won but the way they printed the ticket it's worth a shot in court.

                          I love doubles and remember, it's just a game!!!!!!

                            Badger's avatar - adu50016 NorthAmericanBadger.jpg
                            Wisconsin
                            United States
                            Member #1327
                            March 27, 2003
                            1508 Posts
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                            Posted: July 2, 2005, 4:34 pm - IP Logged

                            Cashonly, you can give your next annuity-only prize to me -- I'll unburden you from it.

                            LOL ! I'll fight you for first place in line, Todd ! Smiley

                            Seriously though, we have $5 scratch-offs that are similar here I believe. They have multiple games on them. Each game stands on its own. I would have to see the ticket this guy played, but if it is similar to what we have here, he's wasting his money on lawyers. No chance.

                            ============

                            How can you tell if a politician is lying?

                            Answer: His lips are moving.