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!

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