By Michelle Watson, CNN
(CNN) — A woman in Texas is suing the state’s Lottery Commission for not paying out an $83.5 million award, more than three months after the numbers on her ticket matched the winning numbers in a drawing, according to court documents obtained by CNN.
“Every Texan knows what that should mean when it comes to the lottery – if you win, you should get paid,” the suit says. “It shouldn’t take a lawsuit to get paid when you win the lottery. But that’s exactly what has happened here.”
The woman bought her ticket through a lottery courier service, firms which allow customers to purchase tickets virtually, using a mobile app or other online interface.
The woman, identified only as Jane Doe in the suit, purchased a ticket for the “Lotto Texas” lottery game through an app called Jackpocket on February 17, and her numbers matched those of the numbers pulled at 10:12 p.m. CT the same day, according to the lawsuit.
A week after Doe won her ticket, then-Texas Lottery Commission Executive Director Ryan Mindell announced a move to ban courier services like the one Doe used, under Texas law. The ban became effective on May 19, according to a lottery commission spokesperson. Mindell resigned in April.
“We all know the Commission is not allowed to change the rules after the drawing. But the Commission has apparently tried to do so and relied—at least in part—on this ex post facto announcement to continue to refuse to pay Plaintiff her lottery winnings simply because she utilized a lottery ticket courier service to buy the winning ticket,” the lawsuit says.
A spokesperson told CNN in an email Saturday the commission “does not comment on pending litigation.”
The lawsuit also alleges Doe’s unpaid winnings could be used to pay other Texas Lottery winners, or may be reallocated and redirected to “other Commission liabilities or purposes,” potentially reducing the amount owed to her.
Attorneys for the woman have also filed for a temporary restraining order and requested for a temporary injunction to stop Acting Deputy Executive Director of the Texas Lottery Commission Sergio Rey from doling out funds, which the lawsuit alleges Doe still has not received.
“If Mr. Rey is not restrained and enjoined from disbursing or diminishing the Plaintiff’s jackpot prize winnings, Plaintiff will suffer damages that will be incapable of being measured by any certain pecuniary standard before notice is given and a hearing is held on Plaintiff’s Application for Temporary Injunction,” a court document said.
CNN has reached out to Texas Gov. Greg Abbott’s office, Jackpocket, and Rey for comment.
What is a lottery courier service?
A lottery courier service acts as a third-party vendor that buys lottery tickets on behalf of customers, coordinates the purchase of physical tickets through brick and mortar stores the services often own, and notifies buyers if they win.
Courier services are typically operated online or through an app, offering a convenient way to play games. Some couriers even offer national lottery games like Mega Millions and Powerball.
Lottery couriers, which had been operating in Texas since 2019, became a focus in April 2023 after a single entity bought 25 million lottery tickets in less than 72 hours using a courier service, CNN affiliate WFAA reported.
The entity purchased “nearly every possible number combination,” the release from the governor’s office said at the time. The investor doubled its money because the jackpot was so high, and the winner took home $57.8 million before taxes, WFAA said.
Courier services are operating in 19 states, according to a report published in 2024 by the Florida Office of Program Policy Analysis and Government Accountability.
Only three states – New York, New Jersey and Arkansas – regulate the courier service industry, according to a 2024 Texas House report. Without such regulations in Texas, couriers are not required to obtain a license or permission from the Texas Lottery to operate, the report found.
Purchasing via a lottery courier has two advantages for the customer, said Victor Matheson, professor of economics at College of the Holy Cross.
“It allows the buyer to conveniently buy tickets without having to go to a regular lottery retailer and it also potentially allows out-of-state buyers to purchase tickets in any lottery across the country,” Matheson said in February.
The service can have drawbacks like a fee, legality issues and lack of a limit to how many tickets are purchased, Matheson added. Other legal concerns include the regulation of sales across state lines when each state controls its own lottery games, sales to underage players, ticket buying syndicates and other issues.
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