... Questions & Answers ...
Fun 5's Scratch Tickets
So many questions ... so much ya'll need
to know and understand and you must be patient
brought to you by
The Lotto Report
Originally Posted: Sept 21, 2014 - Late PM
Editorial & Opinions by Dawn Nettles
Related Fun 5's Links
Fun 5's Tickets
See it to believe it - Unbelievable. (This was the
first story posted about the Fun 5 tickets - 9/8/14)
Fun 5's Updates - Keep Up With What's Happening
Current Fun 5's Update Page, click here
Fun 5's Update #3 Jan 26, 2016 - Dec 11, 2016 ... Click here
Fun 5's Update #2 Jan 29, 2015 - Dec 7, 2015 ... Click here
Fun 5's Update #1 Oct 3, 2014 - Dec 9, 2014 ... Click here
Editorial & Opinions by Dawn Nettles
Questions & Answers
Q. Have you ever see the Texas Lottery pay a prize that was higher than the amount shown on the back of the ticket and where the lottery terminal said it was worth less that the face value when scanned by the retailers?
Q. Why did you not suggest that we send our letters to the Texas Lottery Commission too?
I suppose you have all noticed how they say they want you to come to them with your complaints and many, many folks have. But the Texas Lottery denies any wrong doing and all they do is try to convince you that the interpretation is something other than what it actually says. Most people fear trying to fight government and they tend to give up easily.
The other reason I felt it was useless to contact the Texas Lottery is because the Chairman of the Texas Lottery, J. Winston Krause, is an admitted tax evader. The IRS gave the Chairman an opportunity to voluntarily come forward but he didn't. Rather Chairman Krause waited until the IRS came after him. Then he paid the taxes he owed. Then a few years later, Chairman Krause sued the IRS demanding that they return the penalties and interest he had paid them. He lost his case in Civil Court, then he appealed it in the 5th Circuit which he lost there too. Because of this, I tend to think Commissioner Krause won't give in unless he's forced down. Anything for a fast buck!
Today, law professors use his case to teach students what NOT to do. Click here if you want to read the entire story.
One more reason ... a couple of years ago the Texas Lottery kept prize money that they were not entitled to keep. You see, if you collect a prize from the lottery but you fail to cash your check, they are bound by law to turn that money over to the Comptroller of Texas as unclaimed monies. But the Texas Lottery needed that money to help offset a shortage.
The lottery turned this prize money ($35,000) over to the Comptroller after my story appeared on my website. Boy, I heard they were really pissed for getting caught on this one! <grin> Click here to read this story.
Given the track record of the Texas Lottery and knowing how they think and work, I have no faith that they would do the honorable thing in this case if we just contacted them. Your complaint means nothing to them. Having said that, do know the Texas Lottery CAN honor your tickets if this is what they feel they should do. They could make this decision tomorrow!
Right now all they are doing is allowing more people to purchase these tickets and get angry because they can't collect on the prize they think they won.
Q. Can the Texas Lottery afford to pay this many claims?
I imagine they'll counter this statement by saying, "Oh but wait a minute, we pay out far more on Lotto Texas than 50%". And yes, they foolishly do. They shouldn't advertise an amount they can't fund from sales so they have no one to blame but themselves and their foolish thinking.
Plus, they have millions upon millions of unclaimed prize money that they turn over to the state. The state may have to donate some of that money to the cause. This wouldn't have been necessary if the Commission had taken fast action immediately upon learning of players perceptions. But they thought they would ride this one out without any problems or exposure. See what I mean about unclaimed prizes, click here.
There have been two other games where the lottery continued to sell tickets after they were shown they were deceptive tickets. These two games will come out during trials when the time comes. Attorney's who want this info, please feel free to call me.
Q. What do you anticipate will happen next?
If no action from them, then we will be hiring lawyers. They will send a Demand Letter (click here to read a sample Demand letter) to the Texas Lottery. This is the first step in a lawsuit.
I don't know if the Texas Lottery has ever received 250 or so demand letters within a weeks time but this is exactly what we will do if we are forced down. Do NOT panic. Lawyers will represent most of you on a contingency basis which means you pay nothing and they will collect their fees when you collect.
I am currently asking for help on attorney's to refer should this be necessary. I'm hoping we don't have to do this but I can assure you, I will and from what ya'll are telling me, you will too.
I understand that a number of you have already retained attorney's - please keep me advised on your case and thank you for sharing your information with me.
Q. What effect has all the media had? And just how many stories has there been?
Media Coverage - Fun 5's
Social Media - I don't get into social media but
As for what these stories have done, they've exposed the Texas Lottery for wrongdoing - in my humble opinion. This is extremely bad press for the Texas Lottery.
Q. This is election time, why are we not sending our letters to those running for Governor, Lieutenant Governor, and Attorney General in November? Seems like this is a perfect opportunity to test their integrity and see if they will hold the Texas Lottery accountable. Don't you agree?
It is important that you know that General Greg Abbott is the Texas Lottery's attorney - it appears he is allowing the Texas Lottery to continue selling the Fun 5's ticket and is planning to let the heat fall on the lottery vendors. But this tells us that he will allow the lottery to take advantage of Texans. Imagine what he might do if elected as Governor.
Running for Lieutenant Governor is State Senator Dan Patrick & State Senator Leticia Van de Putte.
Greg Abbott address is: PO Box 308, Austin, TX 78767.
Q. If it's true that scratch tickets sales are 75% to 80% of the lottery's total income, why would they be so foolish as to jeopardize that income?
Q. Should we hire lawyers? Wouldn't this be better for us? When will we know something?
I think it would be sad for the Texas Lottery to force us into hiring lawyers given the fact that the lawyers will most likely get 30% to 40% of what ever they settle for or are awarded by a jury. The Texas Lottery is notorious for going all the way to trial day then they try hard to settle. Usually attorney's advise their clients to settle telling you that you never know what a jury would do. This is true to some degree but I won't settle - I will take my chances with a jury.
The Texas Lottery does not want a public trial because they have things they don't want exposed.
Q. Will this be a class action lawsuit?
Q. I've put your web address up on social media, is that OK?
Q. They ARE the Texas Lottery. They can't make mistakes can they?
To name just a few of the many errors - let's look at the All or Nothing game. They started this game and played it for nine (9) months before they figured out that they put the state at serious financial risk. You see, the rule guaranteed that everyone who matched all 12 numbers or NO numbers would receive $250K.
I told them they had a serious mistake in their rule but they didn't catch it. Hundreds of players would play all odd numbers; all even numbers; numbers 1 - 12; and numbers 13-24. If just one of these combinations had been drawn - the state would have been obligated to payout $50M to $100 million for one drawing.
When they realized their mistake, they immediately shut this game down and changed the rule to put a cap on winning the jackpot.
Then you have the "on purpose error" where they advertised a jackpot they could not pay legally. At first they denied it - in essence they said I was crazy - then they had to fess up. If you recall, the Executive Director resigned over this one.
They have printed materials with errors in the drawing results and errors on their web site.
The lottery terminals err in reading bar codes on winning tickets.
That's enough for this subject. Bottom line, yes, the Texas Lottery makes mistakes even though they have a huge staff. The Fun 5's ticket is definitely a mistake and was caused by pure negligence by all parties involved and it appears they lack integrity and ethics.
Q. I feel so cheated. And I'm afraid the Texas Lottery will get away with this. Do you really believe we'll see justice?
Q. I've seen comments posted online where it seems some people believe the instructions say you have to have the 3 fives in a row, column, or line to win with the money bag. They are calling us "greedy players hoping to get something for nothing." Do you think these are inside people making these comments.
Q. I don't know if you are familar with Lottery Post, but they generally have all news stories posted where players can comment. Did you know they do not have the Fun 5's story posted?
Q. I saw on the news where a couple has already hired an attorney. Do you know if many people already hired lawyers?
Q. Should I decide to just go on and hire an attorney now, do you have any advice?
You must believe in yourself and trust what you interpret - don't let others convince you otherwise. You really do have a strong, strong case and attorney's have confirmed this. This is a Deceptive Business Practices case.
Q. How can the Texas Lottery afford to pay legal fee's to fight a potential 200+ lawsuits?
I would suspect that there will be some serious personnel changes as a result of this ticket. As there should be.
Q. I have a Fun 5's ticket that is a winner on game 3 but the ticket also has a money bag in game 5. My prize is much larger in game 5. Can I cash it in but keep my ticket?
Fun 5's Updates - Keep up with what's happening!
Related Fun 5's Links
What To Do If You Have A Money
Bag on Your Fun 5's Ticket
Read then DO IT ... (The 1st story posted (9/8/14)
on the Fun 5's scratch ticket) ... Click here
Rule 202 Petition Filed In Travis County
This is NOT a lawsuit - We're asking for the
Courts to allow us to take depositions. Petition
is easy to read and understand. A great read!
Click here, pdf. Filing Receipt, click here to see.
Posted 10/16/14. Do keep making those calls ...
My Letter To The District Attorney
RE: Fun 5's Scratch Ticket
Click here, a pdf
Official Fun 5's Rule
If you want to know that much about it.
Houston Attorney Shares A Sample Demand Letter
that he sent to the Texas Lottery on behalf of his clients.
An interesting read. I do appreciate his sharing this letter
to help you understand your case from a legal standpoint.
Click here (pdf).
Media Coverage - Fun 5's
This is NOT all of them!
ABC - KTRK TV Houston
NBC - KXAS - Dallas
Dallas Morning News
Kens5 - San Antonio - TV.
Click 2 - Houston
Fox 7 - Austin
Austin American Statesman/Longview
Good Morning America (Can't find link)
Channel 11 TV - Fort Worth - 10/21/14
Courthouse News (10/21/14)
Houston Chronicle (10/23/14)
Dallas Morning News, (10/24/14)
Courthouse News, (10/24/14)
Dallas Morning News, (12/10/14)
Houston Chronicle, (12/10/14)
4 Traders (12/11/14)
Courthouse News (12/11/14)
News Journal (!2/12/14)
WacoTrib (AP) (12/11/14)
USA Today - Caller Times (1/23/18)
The Lawyers Blog
Updated June 23, 2020 - Mark Lanier, the lead
appellate attorney for the lottery players in the
Fun 5's case, won a $2.1 BILLION dollar
appeal in the Johnson & Johnson case. WOW!
No Sovereign Immunity for G-Tech/IGT.
Texas Supreme Court says, they can't lie
to us and get away with it. Our cases will be
heard in the courts. Click here
Texas Lotto Report
(All About the Texas Lottery)
P. O. Box 495033
Garland, Texas 75049-5033
(972) 681-1048 (Fax)