More than 500 players of a lottery scratch-off card filed suit against the game's developer seeking about $250 million in contested prize money.
Confusion over the rules led many to believe they had winning tickets, but those tickets were not honored by the state. The suit contends that the lottery's contractor, GTECH Corporation, owes prize money to the players because they wrote the rules and programmed the scanners to identify the winners.
GTECH Corporation spokeswoman Angela Wiczek said "we believe that the suit has no merit and we'll defend our actions."
Houston attorney Manfred Sternberg, who represents the players, said the rules imply that when people buy a scratch off ticket, they should "win whatever they said we would win."
He said GTECH programmed the computers to deny winning tickets, as defined by the rules. GTECH "programmed the computers that validate the tickets so that even though it looks as though we've won, they've programmed the computers to say that's not a winning ticket," Sternberg said.
The suit says GTECH was made aware of the confusion days after the game's release on Sept. 1, but made no changes to the game rules or scanner software. The game ran for seven weeks before the Texas Lottery Commission pulled it, saying in a statement that it had "received feedback from some players expressing confusion regarding certain aspects of this popular game."
The rule causing confusion concerns a tic-tac-toe game that which had a prize box beneath it, which players can scratch off to reveal a dollar amount. Next to it is box saying 5X.
The rules state: "Reveal a 'money bag' symbol in the 5X box, win five times that prize."
Lottery officials said the five-times multiplier is contingent upon the previous sentence, which explains that players should scratch off a "tic-tac-toe" combination. If they get a tic-tac-toe, they would win the prize amount. And if the card also has a money bag, that would multiply their prize by five, the officials said.
But that is not how the rules read, Sternberg said.
The suit filed in Travis County district court on Tuesday could be joined by another 1,000 players, and the amount sought in the suit will be updated to reflect the unpaid prize money, Sternberg said.
The players plan to seek legislative permission to sue the Texas Lottery Commission as well. The state, under sovereign immunity, cannot be sued without its permission in most cases.
Until or if lawmakers approve its suit, the players will pursue its case against GTECH.
"We don't care who pays it," Sternberg said. "We're trying to get what we believe the lottery told our clients in writing that they would pay."
People need to stop playing these crooked Lottery scammers.I swear all the states is getting worse by the day it seems.I supported the Tennessee for years,never won nothing ,it sure feels good to be stronger than a bad habit.Its not worth it.I beat the odds.Cheryl
Most courts consider confusion and ignorance the same things, neither isn't a good excuse for not understanding the rules. Continuing to play a game which they didn't understand was foolish. Being confused, ignorant and foolish is no reason to be rewarded.
I really don't see them winning this lawsuit. The ticket might have been confusing, but like RJOh said being confused doesn't mean that you should get money that you were never entitled to in the first place.
These folk have as much chance of winning this lawsuit as l have of finding my wallet l lost while upside down riding the " Demon" at Great America back in 2005.
It seems to me that they know they probably won't win but are pushing for a settlement. According to the suit they've specifically requested a jury trial, and juries are known for frequently ruling in favor of the plaintiffs in misrepresentation/false advertising cases like this.
Texas Lottery Commission pulled it, saying in a statement that it had "received feedback from some players expressing confusion regarding certain aspects of this popular game."
One of our Texas LP members said they didn't play the Monopoly Millionaire Club game because the rules very confusing especially for a $5 a ticket game.
If they get a tic-tac-toe, they would win the prize amount.
Similar to the "match three like amounts and win that prize" scratch-offs, but some of those players believe they get a free ticket because they matched just one "free ticket" symbol. If these players are that confused, maybe they shouldn't be playing lottery games.
Lottery rules should never be written like tech. industry EULA/Privacy agreements.....confusing to the masses that have no legal background.
Agreed. the case will be heard since its made it this far. No reason to NOT hold a company accountable that tampered with the software. I disagree politely with the posters that "assume" ignorance of the law toss's out many a case. It doesn't. Toyota, McDonalds and Very large Pharmaceuticals are sued all the time ( and rightly so) for various "ignorant" people who entrust that what they are being sold is safe and follows standards. Again, Gtech tampering with software and dutifully tried to hide the goof up. They are accountable to the public buyer (player).
The suit contends that the lottery's contractor, GTECH Corporation, owes prize money to the players because they wrote the rules and programmed the scanners to identify the winners.
A question will be "did the players buy the tickets from GTECH" and just a guess, but I doubt the majority of scratch-off players in Texas or in any other state can name who manufactured the tickets. It's going to interesting to see how these confused players can prove GTECH is responsible for the rules when all the Lottery rules are made with the approval of the Texas legislators.
"Being confused, ignorant and foolish is no reason to be rewarded."
It doesn't look like you followed Bill Cosby's current problems.
"Being confused, ignorant and foolish is no reason to be rewarded."
"It doesn't look like you followed Bill Cosby's current problems."
Is he asking to be rewarded for being confused, ignorant and foolish too? Players like him don't usually complain when they buy a losing lottery ticket.
I am a stickler for proper English. Sensibly tic-tac-toe is needed to claim the 5x bonus.
However, the sentence does not say winning 5x the prize is dependent on having tic-tac-toe. It is not out of the realm of possibility that winning the 5x bonus is independent on having tic-tac-toe.
The players have a case.
" the sentence does not say winning 5x the prize is dependent on having tic-tac-toe."
The rules shown on the ticket are only two sentences long, and really shouldn't confuse people. Even if it does, being confused doesn't give you any legal rights you didn't already have. The only thing that might give their case legitimacy would be if that sentence is actually misleading, but the sentence itself is extremely clear: "Reveal a 'money bag' symbol in the 5X box, win five times that prize." The only reasonable interpretation of the sentence depends on what "that prize" refers to. Since there is no prize shown in the 5X box it should be pretty obvious that it refers to the prize described in the previous sentence.
Aside from the simple interpretation of the two sentences on the front of the ticket, the back of the ticket includes a very standard disclaimer about "applicable laws, rules, procedures and final decisions of [the] Executive Director". That means it's the lottery's understanding of the rules that matter, not the players'.
"The players have a case."
So does everyone else who files some paperwork and pays a fee. What they don't have is a realistic chance of winning the case.
At least if someday someone finds your wallet it might be returned to you because it existed and belonged to you. This group is trying to claim $250M that never belonged to anyone because it never existed.
"The rule causing confusion concerns a tic-tac-toe game that which had a prize box beneath it, which players can scratch off to reveal a dollar amount"
There is a prize whether it is won or not with the Tic-Tac-Toe game.
The way it is written it could be interpreted that there are two games. The Tic-Tac-Toe game and the scratching off of the money bag.