Man sues Mass. Lottery for $1 million prize mistake

Jul 1, 2005, 12:51 pm (26 comments)

Massachusetts Lottery

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

Comments

lovericobra

i don't get it BS

CASH Only

Why bother suing if the prize is annuity-only?

Todd's avatarTodd

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

tg636

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

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

 

JAG331

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.

noahproblem

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

Rip Snorter

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 avatarBabyJC

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 avatarMaverick

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

LOL

LOTTOMIKE's avatarLOTTOMIKE

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

dvdiva's avatardvdiva

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.

Rip Snorter

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 avatarKyMystikal

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.

Badger's avatarBadger

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.

Rip Snorter

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.

It's thread-drift, but I see you're from Wisconsin.... I had occasion to look over a couple of your lotto games a while back.  I envy you.  Those appear to be good games.  Wish I could play them.

Jack

Hammer1

Have you ever picked up (from the ground or in a trash can) an Instance Scratch ticket to see if it was a winner? I have and I have won a total of $10.00

   

and these were not hard to read tickets. Some people cannot add 2 + 3 = 4

LOTTOMIKE's avatarLOTTOMIKE

me too,a while back though.

tony2222

It is obvious this guy is just waisting his time.

SirMetro's avatarSirMetro

"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."

Just reminds me of the past when computers was first introduced, the common statement was "Computers don't make mistakes".

I guess it's just another way of insuring the Lottery will successfully meet the budget demands.

Sir Metro

DoctorEw220's avatarDoctorEw220

i think that although the man may have a case, it's as frivilous as the fat people who sued mcdonald's because the food made them fat.  both games' directions are printed and clearly separated, even though they are not labeled.  it sounds to me like someone did not win, needs the money, and is trying to get rich quick.

hsvscubaski

He's probably a lawyer!!!!!!!!!!!!!

LOTTOMIKE's avatarLOTTOMIKE

your right about that,lawyers come up with all kinds of ways a normal person would never think of to pull something like this off....

Rip Snorter

your right about that,lawyers come up with all kinds of ways a normal person would never think of to pull something like this off....

Those guys down in the State Legislatures writing laws are mostly lawyers.  They only meet maybe 60 days a year, most places. 

They have to make a regular living the remainder of the year, so they're careful to write good laws to plant the seeds they can harvest later. 

Jack

CASH Only

The ticket holder should sue over the fact the prize is annuity-only.

LOTTOMIKE's avatarLOTTOMIKE

you got that right.....

LOTTOMIKE's avatarLOTTOMIKE

Why bother suing if the prize is annuity-only?

that person must not care that its annuity...

End of comments
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