Woman takes Fla. Lottery to court for ticket misprint

May 21, 2010, 8:00 am (50 comments)

Florida Lottery

Ann Marie Curcio says her fight with Florida's Department of the Lottery is about more than money. The 58-year-old woman says it's about what is right and what is wrong.

But this week, it also became about a $500,000 lawsuit in which she is claiming Florida's lottery officials are refusing to honor a scratch-off ticket because of a printing error.

"We got wronged. I'm very sad about that," she said from her Ocala home during a telephone interview. "(But) I'm not going to give up."

The story began three years ago when Curcio's husband, Joe, bought her a $20 "Gold Rush" scratch-off ticket for Mother's Day.

The next day the couple headed to Tallahassee to claim their winnings, which was $500,000.

What was supposed to be one of the happiest days in the couple's lives quickly became one of the saddest.

Curcio said Lottery officials told her that there was a problem with the ticket and they weren't going to pay out. The Curcios claimed that lottery officials told them their ticket didn't have a serial number that authenticated the document.

The fight between the two had been going on ever since, with the Curcios claiming they weren't responsible for the apparent printing mistake, and lottery officials refusing to pay.

Curcio's husband, a car salesman, died a month ago of an apparent heart attack, but not before finding two Orlando lawyers willing to help them. On Tuesday, Curcio and her lawyers filed suit in Leon County, asking that Florida honor the $500,000 wining ticket. The lawsuit is claiming the Department of the Lottery had engaged in unfair and deceptive trade practice, breach of contract and misleading advertising.

The lawsuit was first reported by WFTV-Channel 9 in Orlando.

The lawsuit is also asking Florida to pay her attorneys fees and take steps to ensure such misprints don't happen again, said attorney Lawrence Walters, one of Curcio's lawyers.

Walters said Florida's Lottery is just like any other Florida business and has to meet the same standards.

"And the ticket says nothing about a matching serial number," Walters said.

In comparison, when another business — such as a fast food restaurant — holds a contest in which customers can win money, the business has to post the rules in a conspicuous place and also file the rules with Florida's Department of Agriculture and Consumer Services.

Walters said that the Lottery never explained to people buying tickets anything about required serial numbers, nor did it post rules about requiring a serial number.

To bring up the need for a serial number now was "the Lottery ... relying on some arcane rule they dug up," he said.

Even if such a rule existed in some forgotten filing cabinet, Walters said, "the average consumer shouldn't not be expected to wade through" such obscure documents to find it.

"The lottery has gotten away with business practices no other business could," he said.

Lottery spokeswoman Jackie Barreiros said the events that led to this week aren't how Curcio or her lawyers describe them. She also said she wasn't familiar with Curcio's lawsuit.

She said the Curcios weren't willing to hand over the ticket for Lottery inspectors to examine it when they first arrived in Tallahassee some three years ago. She also said the couple refused to even take the first step in claiming the prize money by filling out the Lottery's prize claim form.

"From Day One we've emphasized with the buyer, we're human," Barreiros said. "Unfortunately ... we're bound with very specific procedures we have to follow."

But Howard Marks, Curcio's other lawyer, described Barreiros' remarks as ridiculous.

He asked how Lottery officials could have determined the ticket didn't have a serial number if they hadn't examined it.

He also said Lottery officials wanted to take the ticket and keep it, and if they had, without a ticket there would be no case.

Meanwhile, Curcio said she wouldn't give up.

"No, I have to continue with this," she said.

As for what she might do with the winnings if she ever gets the money, Curcio said she's too busy grieving her husband to think about that.

"I don't even know," she said. "I'm taking everything one step at a time."

News story photo(Click to display full-size in gallery)

News story photo(Click to display full-size in gallery)

Ocala

Comments

chloerose

I think Florida lottery should pay up. I would be excited to see I had matched the numbers. I don't look to see if my scratch tickets have a serial number, just the number at the bottom of the scratch ticket.  Pay up Florida, do the right thing. It was your printing mistake. Don't send tickets out with flaws.

mjwinsmith's avatarmjwinsmith

Quote: Originally posted by chloerose on May 21, 2010

I think Florida lottery should pay up. I would be excited to see I had matched the numbers. I don't look to see if my scratch tickets have a serial number, just the number at the bottom of the scratch ticket.  Pay up Florida, do the right thing. It was your printing mistake. Don't send tickets out with flaws.

 I am on the same page, as you, as long as the purchaser of the ticket did not alter it, the state of Florida should pay. If not then the state loses all credibility to players of the scratch off tickets. What would be the next excuse, the ticket had the wrong color ink on it, give me a freaking break.

 >Michael

Raven62's avatarRaven62

All the Lottery Scammers aren't in Nigeria: Some of them may be in the Florida selling bogus Florida Instant Lottery Tickets!

Where is that Misprinted/Bogus Lottery Ticket Insurance when you need it?

time*treat's avatartime*treat

Somehow losing tickets are never misprints.  Roll Eyes

Grovel's avatarGrovel

This is why I would not quit my job until I went to the lottery headquaters and verfiy that I had indeed won. I would be too scared crap like this would happen. Flordia should pay up.

1977's avatar1977

When Florida Lottery sells you a ticket you are buying it in GOOD FAITH---So FLORIDA LOTTERY should pay up. They just thought this couple Would just accept it and go away. I am going to email the florida lottery and express my dismay about this incident .This could have been me or you  or anybody else that thought they have a  chance  on getting paid "when we buy a  winning ticket.

RJOh's avatarRJOh

The picture clearly shows the letters TH under the top "1" and the letters ONE under the other "1", they are not matching "1"s.  There's no misprint and there's no match which was required to win.  That's Florida lottery original story and they are probably going to stick with it. 

Part of the excitement of playing scratch-offs are those types of tricks that make you think you've won until you take a closer look, that's the reason I seldom play them and when I do I prefer the ones that say match the symbol three times and you win..

drhymes74

Whenever I go to FL, it looks like I won't be buying any lottery tickets there.

Set4life's avatarSet4life

Shame on you fl lotto.  Gl to her getting her money!!

konane's avatarkonane

Quote: Originally posted by Raven62 on May 21, 2010

All the Lottery Scammers aren't in Nigeria: Some of them may be in the Florida selling bogus Florida Instant Lottery Tickets!

Where is that Misprinted/Bogus Lottery Ticket Insurance when you need it?

I Agree!   It's common sense the serial number of the ticket should be a match to what any lottery has in their records.  If I remember correctly that was shown in a tv program about the printing of instant game tickets.

KY Floyd's avatarKY Floyd

"And the ticket says nothing about a matching serial number," Walters said.

So where's the picture of the back of the ticket? I'm guessing it says pretty clearly that the game is subject to all of the lottery's rules. I can't imagine anybody being so stupid that they think all of the rules would actually fit on the ticket.

Plain and simple, the ticket failed the validation test because it wasn't a winning ticket. As RJ point out, you don't even need a serial number to think the ticket may not be a winner, since the letters under the "1" obviously don't indicate that it should be a "1".

HaveABall's avatarHaveABall

Quote: Originally posted by RJOh on May 21, 2010

The picture clearly shows the letters TH under the top "1" and the letters ONE under the other "1", they are not matching "1"s.  There's no misprint and there's no match which was required to win.  That's Florida lottery original story and they are probably going to stick with it. 

Part of the excitement of playing scratch-offs are those types of tricks that make you think you've won until you take a closer look, that's the reason I seldom play them and when I do I prefer the ones that say match the symbol three times and you win..

Thanks RJOh, since I don't play often, I forgot about "EVERYTHING much match."  It is obvious that there is a "TH" under the top # sequence to match ... I'm surprised that this woman's husband found not 1, but 2 unobservant lawyers willing to distract a judge thereby spending the State of Florida's income tax paying citizens money -- intended robbery! This woman should face charges!

jump1900's avatarjump1900

sue there azz for $500,000 for pain and sufferingCussing Face...it hurt's me just to read

about. some people wouldn't be that  nice about. where i come from...sh$t

happens.Chair

Raven62's avatarRaven62

Quote: Originally posted by time*treat on May 21, 2010

Somehow losing tickets are never misprints.  Roll Eyes

Their may be: Players wouldn't know unless they take each and every Instant Ticket to their Lottery Retailer and have them verify as to whether each Ticket is a Winner or a Loser!

If the Serial Number of the Ticket said the Ticket was a Winner and the Face of the Ticket said it was a Loser: Would the Lottery again Refuse to Pay and use the excuse that the Ticket is a Misprint?

The Instant Games don't seem to be Fair for Players, but extremely Profitable for the Lottery!

rdgrnr's avatarrdgrnr

Ticket # 13.

Husband passed away... 

Hmmm...

Throw that ticket away lady.

Burn it.

LotteryJunkiE99's avatarLotteryJunkiE99

Quote: Originally posted by Raven62 on May 21, 2010

Their may be: Players wouldn't know unless they take each and every Instant Ticket to their Lottery Retailer and have them verify as to whether each Ticket is a Winner or a Loser!

If the Serial Number of the Ticket said the Ticket was a Winner and the Face of the Ticket said it was a Loser: Would the Lottery again Refuse to Pay and use the excuse that the Ticket is a Misprint?

The Instant Games don't seem to be Fair for Players, but extremely Profitable for the Lottery!

I Agree!    The Lottery is a game, but it is also a business.   This g and b relies on a product to be valid and in good business 'working order' in order to stay in business.   Just like when you go in and buy a defective product, even if you found about later, and even though the store may only give you a week to return it, it is the companies responsibility to trade the item, or replace it, so I hope they just don't give them out 5 dollars or whatever the ticket was worth by and in of itself, but instead the full amount disclosed on the ticket 'misprint.'    In the case of the lottery, the players are buying the chance to win, and not the ticket itself, the ticket falls in and of itself under the jurisdiction and prudence of the Lottery Commission, if they messed up, they know have to accept the fact and not use senseless excuses that they are 'just human.'   A corporation and a business is not about being human, it's about being liable, and therefore, if only to assure future plays and current players that they can be assured their hopes count for something and won't be cheated because of lazy business practices, like ensuring each and every ticket is playable, paybale, and cashable, and hopefully winable.    Like when any insurance does the wrong thing people lose faith and stop playing or swtich over to something or someone else more responsible.   So maybe they should offer lottery insurance like Raven said, but that would just net them more profit and money, when they should be doing the right thing.   Otherwise, the government should just allow local lotteries, which would be easier to regulated and verify as accurate and rig-proof.    The ticket does say abide by all Lottery rules, but the Lottery needs to follow rules too, they are called Consumer Rights, if they don't,  they are irresponsible and/or run by completely incompetent folks who only get paid the big bucks to prey on peoples emotions that they might be the next winner, where is the talent in that?   When did chicanery get a 240K paycheck?    But when someone finally does win, and get their hands on something legitimate, bc the company made it that way, they turn from a flashy horse-toothed smile, to nothing more than canniving elves, therefore where is the American in this?   I don't see it.   What makes this Country so great is that Americans almost all of us, love to do the right thing, right from childhood, it's what makes us honest, dependable, dare I say adorable?   Anyway, this is not endearing if they do not pay up, especially with such ridiculous odds as they do offer, and with all the profit in money that goes in the billions that they make each year after year after year.   They are relying on people continuing to play no-matter what and that is wrong.   The premise is flawed and almost con-like, if they want any credibility what-so-ever, especially for future possibly defective tickets, then they have to eat this one and pay out the stated amount they themselves published, and what's more the lawyer is right, they never saw the ticket, so who's to say and how in the heck do they really know that the serial numbers don't match their records?   Maybe it's just the letters 'TH' that actually reads wrong, and they are shooting themselves in the foot and at the same time making a mockery of the players at the same time without even knowing it or caring to know, so therefore, I condone this 3-year-long outrageous tug-and-pull about who's wrong and who's right.  How is it possible that we have let our Government become so lazy and ridiculous, I mean they go to college these folks, right?    They campaign and campaign and campaign,  until we get them elected to give them the priviledge to screw us all over royally in any way which they can just to save fiscal year's money, or tax money, or to make money, which government is not in any business to do, and if they law won't protect us and the courts won't either, then the Government needs to back off from their endorsement of the Lottery, bc this just again proves that we are headed on the wrong path.   Governments have computers and armies and technologies, but they can't get their accountants to get things right.   Turbo-Tax Anyone?   Turbo-Accounting Anyone?   This is more than ridiculous and more than anyone should have to put up with, why is everyone always so ready to side-step their responsibilities and shrug off potential mistakes as just "oh well you know how it is sometimes" sort of deals?   Things have got to start changing and we are the ones that need to catalyze that change.   I am sending this to the Florida Lottery Commission and also to the Floridian Senator and House Representatives, there is too much money at stake for them to be playing around like this, too much profit.   Then again Congress is a mess, and so are our courts, and so is our legislative process and the bodies that represent them and us.   All the while, most Americans are too busy working their body to death to feed their families and pay the electric bill, and too busy trying to keep and hold a job, and trying to keep up with all the incompetence in government and the hassle of the media to really have to then put up with this colossal non-sense.   Where will this all end, Where will America end up in forty years if people don't speak up and DEMAND that Right be Done by Us.   By The Poeple, For The People,  not by the Governing Government for the Governing Elite, and if you love this country, Don't You EVER Forget That.  IT is our only hope.   That my friends, is the America that made Us Great, and we can't let bozzo's ruin it for the rest of us.

Approve

Give Me Transperancy or Get Outta Town!!!

taken 'in context' as pumpi would say, from Patrick Henry's famous line "Give me Liberty or Give me Death!!!  Naughty

ScubaGolfJim

Georgia Lottery "Instant Games Rules & Regulations" includes "The Ticket must not be blank or partially blank, misregistered, defective, or printed or produced in error."

 

Florida Lottery... can't find the section for Instant Games Rules & Regulations, at least very easily (I've looked through more than four times now...)

 

While most advertisers have the disclaimer "Not responsible for misprints," I've not seen any such disclaimer in any past FL ads or anywhere on their website.

 

No disclaimer? Pay up.

BaristaExpress's avatarBaristaExpress

Since when is it "Legal" for anyone (a state entity or otherwise) to sell defective products to the public without having to face the music for such actions?? They paid good money in good faith for a product that turns out to be a defective product!  Any entity that knowingly sells defective products to the public usually faces some stiff fines for doing such a dirty deed! I say from here on out if they know that there is some defective lottery tickets the state lottery has an obligation to weed them out of the batch or scrap that batch and start over! The state has no recourse but to pay the $500,000.00 (as a fine) to those people because the state is knowingly selling a defective product!

Maybe the state will take better measures as not to have any more defective lottery tickets being sold to the public if the state had to pay up the $500K!!!

dpoly1's avatardpoly1

Pay Up Florida!

  Stooges    Florida Lottery Officials !!!!!!!!!!!!!!!

Omniscient's avatarOmniscient

Its a mistake made by the FL lottery and they should honor the ticket regardless of the TH under the '1' ... The actual numbers matched up, so in my honest opinion, the FL Lottery should pay up the $500k. Typo or not... what's right is right. It is THEIR MISTAKE and they should own up to it and make sure their printing and validating QC measures are in place to prevent this from happening again. If it was me, I'd sue them too!

jeffrey's avatarjeffrey

Quote: Originally posted by RJOh on May 21, 2010

The picture clearly shows the letters TH under the top "1" and the letters ONE under the other "1", they are not matching "1"s.  There's no misprint and there's no match which was required to win.  That's Florida lottery original story and they are probably going to stick with it. 

Part of the excitement of playing scratch-offs are those types of tricks that make you think you've won until you take a closer look, that's the reason I seldom play them and when I do I prefer the ones that say match the symbol three times and you win..

I noticed that too. Looks like it was supposed to be a 31 or some such thing. This has come up in court before. The ticket was a loser in the previous court case. I doubt they can win. They may grow white just fighting it.Bang Head

justxploring's avatarjustxploring

Quote: Originally posted by RJOh on May 21, 2010

The picture clearly shows the letters TH under the top "1" and the letters ONE under the other "1", they are not matching "1"s.  There's no misprint and there's no match which was required to win.  That's Florida lottery original story and they are probably going to stick with it. 

Part of the excitement of playing scratch-offs are those types of tricks that make you think you've won until you take a closer look, that's the reason I seldom play them and when I do I prefer the ones that say match the symbol three times and you win..

I agree with you.  In this age of technology, the lottery can't assume a ticket that looks official is the real deal and pay every would-be winner.   That would be as if I told a cashier at Publix she has to accept my counterfeit $100 bill because I took it in good faith from the bank.  You either have a ticket that matches or you don't.

increase's avatarincrease

I say if it's their mistake, then FL Lottery should have to pay up.

justxploring's avatarjustxploring

I think I know where Mrs. Curcio got her ticket.  Wink

 

https://www.lotterypost.com/news/198185

increase's avatarincrease

Quote: Originally posted by justxploring on May 22, 2010

I think I know where Mrs. Curcio got her ticket.  Wink

 

https://www.lotterypost.com/news/198185

Justxploring, you are too funny.

That would be something if that's where they actually got it.

Czech's avatarCzech

Quote: Originally posted by justxploring on May 22, 2010

I think I know where Mrs. Curcio got her ticket.  Wink

 

https://www.lotterypost.com/news/198185

justxploring, I know you were just kidding. But for those who might think otherwise, Mrs. Curcio got her ticket from her husband 3 years ago. And the story you linked to is less than a year old.

Czech

Czech's avatarCzech

I personally feel she should get the money. But the thing I am most curious about, and I’m sure will come out in court, is how many $500,000 prizes were available for that game and how many of those were paid out by the Florida Lottery.

I think if there were seven $500,000 prizes available and only six were paid out, the judge could conclude this ticket was the seventh winner even if there was a misprint.

Czech

Nino224's avatarNino224

Quote: Originally posted by RJOh on May 21, 2010

The picture clearly shows the letters TH under the top "1" and the letters ONE under the other "1", they are not matching "1"s.  There's no misprint and there's no match which was required to win.  That's Florida lottery original story and they are probably going to stick with it. 

Part of the excitement of playing scratch-offs are those types of tricks that make you think you've won until you take a closer look, that's the reason I seldom play them and when I do I prefer the ones that say match the symbol three times and you win..

That ticket could say Christmas Day and it wouldn't matter. It's the lottery's mistake, not the Curcio's. The lottery should pay and then sue the printing company for the $500K.

RJOh's avatarRJOh

Quote: Originally posted by justxploring on May 22, 2010

I think I know where Mrs. Curcio got her ticket.  Wink

 

https://www.lotterypost.com/news/198185

Check this story instead. Wink

https://www.lotterypost.com/news/156108

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