TX Fun 5's Players File $508 Million Lawsuit Against G-Tech ... The Largest Lottery Lawsuit in TX History ... Yes, To See Our Money, We Have To Sue ... Full Story On Update Page - Link Below ...

Texas Lottery
About the Fun 5's Scratch Ticket
Lottery Terminals Are NOT Validating What
Appears To Be Winning Fun 5's Scratch Tickets

See this ticket in depth .... just scroll down ...

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brought to you by
The Lotto Report

Originally Posted: Sept 8, 2014 - AM
Revised: Jan 22, 2016 - Added a link to a news story

Email

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Editorial & Opinions by Dawn Nettles

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$508 Million Lawsuit Filed
In Travis County Dec 9 , 2014
Details on Update Page ...
Join the suit if you want

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... According to Fun 5's Written Requirements to Win A Prize ...

There Are 9 Ways To Win In The 5 Games Found On This Ticket
(
However, this ticket does not tell you how many ways you can win like many tickets do)

Let me show you each and every way to win as per the written word ....

 

- Game 1 -
2 Ways To Win




Two ways to win ... 1) Reveal two "5"
symbols, win the prize. 2) Reveal three
"5" symbols, win five times the prize.

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- Game 2 -
2 Ways To Win




Two ways to win ... 1) Reveal three matching
prize amounts, win that prize. 2) Reveal two prize
amounts and a "5" symbol, win 5 times that amount.

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- Game 3 -
One Way To Win




One way to win ... Reveal a "5" symbol,
win the prize for that symbol.

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- Game 5 -
Two Ways To Win




2 ways to win ... 1) Reveal three "5" symbols
in any one row, column or diagonal, win prize
in prize box. 2) Reveal a "Money Bag" in the
5X box, win 5 times that prize.

- Game 4 -
Two Ways To Win




2 Ways to win ... 1) Reveal three "5" symbols in any one row
across, win prize for that ROW. 2) Reveal two
"5" symbols and a STAR symbol in any one ROW
across, win 5 times the prize for that ROW.

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Game 5 Is The Game That Fails To Pay Prizes
As Per The Written Word For The Specific Game ....

Its exact verbiage is ...


As you can see, there's two ways to win in Game 5.
Game 5 is shown both above and below as "B"


"A"

" B"

"C"


Please notice that my ticket "A" has a "money bag" in
the "5X Box" which means I should have won $500. "B"
is what the section looks like prior to scratching the latex off.
"C" is the bar code that matches the "Not A Winner" ticket shown.

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D

"B"

E

Please notice that my ticket "D" has a "money bag" in
the "5X Box" which means I should have won $250.
"B" is what the Game 5 looks like prior to
scratching the latex off
. "E" is the bar code that
matches the "Not A Winner" ticket shown.

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Intentions vs The Written Words

No matter what the Texas Lottery will come up with to try
to explain what they "meant" or "intended" for players to win
Game 5 - it was not conveyed and they MUST honor the face
value and the written words found on their scratch tickets.
Not doing so could/would be considered a crime by Texas statutes.

There are too many tickets that pay prizes for a special character
and is mixed in with other similar characters. Players notoriously fail to
realize the ticket is a winner. Thousands of those prizes go unclaimed.

 

Here Is What Everyone Must Do ....
to hold the Texas Lottery accountable and to
collect your winnings that you rightfully have
coming to you. (In my humble opinion)

1. If you have a ticket with a money bag in Game 5,
take your ticket to a retailer and have him scan it.
Keep the receipt showing it is NOT a winner with
your ticket.

2. Make a copy of both sides of your scratch ticket(s)

3. Write a one page letter to the DA's of Travis County,
specifically the Public Integrity Unit. Simply explain in
your letter that you have a winning TX Lottery scratch ticket
and you cannot collect your winnings. Point out the specific
verbiage shown on Game 5 - what wins what. Sample letter below.

You are NOT asking the DA to collect your winning for you.
They cannot do that. What they should do is have a serious talk
with the Texas Lottery Commission and the Lottery Commission
should change the validations on the terminals OR put the word
out on how to collect your prize money should you have a
money bag in Game 5. Or the DA can prosecute if he has to.
If enough People (Texans) have voiced their thoughts, the
DA can go after them.

4. Be very nice and professional in your short letter and do NOT use
4 letter words or start harping about other subjects. No bad
mouthing the Lottery - you're objective is to ask our state
officials if a state agency has to honor the words
on the tickets they sell to consumers.

5. Send the DA copies you made of both sides of your
Fun 5's ticket. Do NOT send them your actual tickets.
Do NOT part with your tickets - put them in a safe place.

6. Now you need to CALL your State Rep and your
State Senator. Here is a link to find out who they are
and their phone numbers
. When you get to this page, just
type in your address, city & zip on this form then poof -
up comes their names, addresses and phone number.
It's easier to find them than it is to figure out how to
play some of the Texas Lottery's games! You have no
excuse. You may want to CALL the Governor and
your local newspapers too but that's your decision.

7. If you have more than one ticket, include copies of those tickets too.
Should you obtain more tickets after you mailed a letter to the DA,
just keep those tickets in a safe place while waiting to see
if our officials are going to hold the Texas Lottery accountable.

$248 Million Lawsuit Filed
In Travis County Dec 9 , 2014
Details on Update Page ...

In closing ...
Do not sit back and let or think others will do this for you.
Unless everybody speaks up, we'll never see justice.

For all of you who have written and called about these tickets,
thank you. Let this posting be my response to your many messages.

FYI - I plan to buy some of these tickets, they might be
one of the best investments I can make!!!!

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- Sample Letter -

Send a letter to the Travis County DA
BUT call your Senator & State Representative - Austin Offices
Dallas
Frank Crowley Courts
Public Integrity Unit
Jamie Bagnall – Director
133 N. Riverfront Blvd
L.B. 19
Dallas, Texas 75207


Austin
Travis County District Attorney
Rosemary Lehmberg's
Public Integrity Unit
P.O. Box 1748
Austin, TX 78767
Houston
Harris County District Attorney
Public Integrity Unit
1201 Franklin St #600
Houston, TX 77002

San Antonio
Bexar County Criminal District Attorney
Paul Elizondo Tower
White Collar Crime Division
101 W. Nueva, 4th Floor
San Antonio, Texas 78205

Richmond
Fort Bend County District Attorney
John F. Healey Jr.
301 Jackson Street
Richmond, Tx 77469

- Sample Letter - But you must edit to fit your circumstances -
At least this gives you an idea of what to say


Travis County District Attorney
Rosemary Lehmberg
Public Integrity Unit
P.O. Box 1748
Austin, TX 78767

RE: Texas Lottery's Fun 5's Scratch Ticket - Game #1592

Dear Sir or Madam:

I bought Texas Lottery's Fun 5’s scratch off tickets from my local lottery retailer. Game 5 on this scratch ticket reads as follows: “Reveal three “5” symbols in any one row, column or diagonal win PRIZE in PRIZE box. Reveal a Money Bag symbol in the 5X BOX, win 5 times that PRIZE.” Please notice that all games use the word "that" except game #1

The official and contradictory game rule posted in the Texas Register dated June 20, 2014, under 2.0 Determination of Prize Winners, reads GAME 5: "If a player reveals three "5" Play Symbols in any one row, column or diagonal, the player wins the PRIZE in the PRIZE box. If a player reveals a "MONEY BAG Play Symbol in the 5X BOX, the player wins 5 times that PRIZE." Again, please notice that all games use the word "that" except game #1

However, confusing & conflicting language under, 2.2 Programmed Game Parameters. GENERAL: Game 5; U. It reads, "As dictated by the prize structure, the "MONEY BAG" Play Symbol "will" appear in the 5X BOX when the player has won by getting three (3) "5" Play Symbols in a single row, column, or diagonal line."

In the above language, "WILL" indicates this is mandatory; not discretionary. Yet the two parables; having the three (3) 5's "and" the 5X Money Bag, is not consistent with written word instruction printed on the ticket; nor is it consistent with 2.0 Determination of Prize winners. Please note, the Fun 5's ticket below contains three (3) 5's in a row but there is NO Money Bag. Why doesn't this ticket have a Money Bag on it like the rule says?

I do not have access to the prize structure, nor do I know its significance to this game. What I do know is I have a money bag in Game 5, and per Official Game Rule 2.0 Determination of Prize Winners, my tickets are winners. Again, it reads, Game 5 "If a player reveals three "5" Play Symbols in any one row, column or diagonal, the player wins the PRIZE in the PRIZE box. If a player reveals a "MONEY BAG Play Symbol in the 5X BOX, the player wins 5 times that PRIZE."

As you can see, my tickets directly relates to Texas Lottery Commission's Official Game Rule 2.0, while at the same time conflicts with 2.2 Programmed Game Parameters; more specifically as illustrated under General: Game 5: U.

Attached please find copies of the my two tickets which clearly illustrates a "Money Bag" symbol in Game 5 under the "5X Box." Yet, the retailer informed me my tickets were not winning tickets. Also attached, please find copies of the retailer receipts for your perusal.

I am writing in hopes of determining if the Texas Lottery is bound by both Texas & Federal statutes/regulations regarding truth in advertising and in what constitutes a winning Fun 5's - state sold - scratch ticket. I strongly feel published statements must be honored by our state run lottery. Furthermore, it appears the Texas Lottery is not honoring the face value of my Fun 5's scratch tickets; tickets purchased in good faith and based on the Texas Lottery's written requirement to win a prize. I would like to collect my prize money; prize money I feel I am entitled to receive.

Thank you in advance for your time and attention to this very important subject matter. I look forward to a response to my letter soon.

Sincerely,

 

Your name,
address,
city, state, zip,
phone number

cc: Representative ????
Senator ?????

My Letter To The District Attorney
Click here, a pdf (Mailed 9/16/14)

 

 

 

TEX PE. CODE ANN. § 32.42 :
Texas Statutes - Section 32.42:
DECEPTIVE BUSINESS PRACTICES

(a) For purposes of this section:
(1) "Adulterated" means varying from the standard of composition or quality prescribed by law or set by established commercial usage.
(2) "Business" includes trade and commerce and advertising, selling, and buying service or property.
(3) "Commodity" means any tangible or intangible personal property.
(4) "Contest" includes sweepstake, puzzle, and game of chance.
(5) "Deceptive sales contest" means a sales contest:
(A) that misrepresents the participant's chance of winning a prize;
(B) that fails to disclose to participants on a conspicuously displayed permanent poster (if the contest is conducted by or through a retail outlet) or on each card game piece, entry blank, or other paraphernalia required for participation in the contest (if the contest is not conducted by or through a retail outlet):
(i) the geographical area or number of outlets in which the contest is to be conducted;
(ii) an accurate description of each type of prize;
(iii) the minimum number and minimum amount of cash prizes; and
(iv) the minimum number of each other type of prize; or
(C) that is manipulated or rigged so that prizes are given to predetermined persons or retail establishments. A sales contest is not deceptive if the total value of prizes to each retail outlet is in a uniform ratio to the number of game pieces distributed to that outlet.
(6) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by law or set by established commercial usage.
(7) "Prize" includes gift, discount, coupon, certificate, gratuity, and any other thing of value awarded in a sales contest.
(8) "Sales contest" means a contest in connection with the sale of a commodity or service by which a person may, as determined by drawing, guessing, matching, or chance, receive a prize and which is not regulated by the rules of a federal regulatory agency.
(9) "Sell" and "sale" include offer for sale, advertise for sale, expose for sale, keep for the purpose of sale, deliver for or after sale, solicit and offer to buy, and every disposition for value.
(b) A person commits an offense if in the course of business he intentionally, knowingly, recklessly, or with criminal negligence commits one or more of the following deceptive business practices:
(1) using, selling, or possessing for use or sale a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
(2) selling less than the represented quantity of a property or service;
(3) taking more than the represented quantity of property or service when as a buyer the actor furnishes the weight or measure;
(4) selling an adulterated or mislabeled commodity;
(5) passing off property or service as that of another;
(6) representing that a commodity is original or new if it is deteriorated, altered, rebuilt, reconditioned, reclaimed, used, or secondhand;
(7) representing that a commodity or service is of a particular style, grade, or model if it is of another;
(8) advertising property or service with intent:
(A) not to sell it as advertised, or
(B) not to supply reasonably expectable public demand, unless the advertising adequately discloses a time or quantity limit;
(9) representing the price of property or service falsely or in a way tending to mislead;
(10) making a materially false or misleading statement of fact concerning the reason for, existence of, or amount of a price or price reduction;
(11) conducting a deceptive sales contest; or
(12) making a materially false or misleading statement:
(A) in an advertisement for the purchase or sale of property or service; or
(B) otherwise in connection with the purchase or sale of property or service.
(c) An offense under Subsections (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) is:
(1) a Class C misdemeanor if the actor commits an offense with criminal negligence and if he has not previously been convicted of a deceptive business practice; or
(2) a Class A misdemeanor if the actor commits an offense intentionally, knowingly, recklessly or if he has been previously convicted of a Class B or C misdemeanor under this section.
(d) An offense under Subsections (b)(7), (b)(8), (b)(9), (b)(10), (b)(11), and (b)(12) is a Class A misdemeanor.

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Official Game Rule - Posted in the Texas Register on June 20, 2014
In part it says ....

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Instant Ticket. A prize winner in the "FUN 5'S" Instant Game is determined once the latex on the Ticket is scratched off to expose 52 (fifty-two) Play Symbols. GAME 1: If a player reveals two "5" Play Symbols, the player wins the PRIZE. If a player reveals three "5" Play Symbols, the player wins 5 times the PRIZE. GAME 2: If a player reveals three matching prize amounts Play Symbols, the player wins that amount. If a player reveals two matching prize amounts Play Symbols and a "5" Play Symbol, the player wins 5 times that amount. GAME 3: If a player reveals a "5" Play Symbol, the player wins the PRIZE for that symbol. GAME 4: If a player reveals three "5" Play Symbols in any one ROW across, the player wins the PRIZE for that ROW. If a player reveals two "5" Play Symbols and a "STAR" Play Symbol in any one ROW across, the player wins 5 times the PRIZE for that ROW. GAME 5: If a player reveals three "5" Play Symbols in any one row, column or diagonal, the player wins the PRIZE in the PRIZE box. If a player reveals a "MONEY BAG Play Symbol in the 5X BOX, the player wins 5 times that PRIZE. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.2 Programmed Game Parameters.
GENERAL:
GAME 5:
U.
As dictated by the prize structure, the "MONEY BAG" Play Symbol will appear in the 5X Box when the player has won by getting three (3) "5" Play Symbols in a single row, column, or diagonal line.

This ticket has 3 fives in a row but it does NOT have a Money Bag in the 5x BOX.
The rule says it WILL have a Money Bag . Why isn't there a money bag?
And the ticket does NOT validate correctly either - the lottery terminal
says it's only worth $5 but it should be worth $25 per the rule.


Read rule in its entirety,
click here

 


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Texas' Fun 5's Scratch Tickets
- Related Postings -

Fun 5's - Questions & Answers
Everything you have been asking me
is covered here! Posted 9/21/14.
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 of Travis County

RE: Fun 5's scratch ticket NOT paying
face value of prizes won. Click here, a pdf
(Mailed 9/16/14)

Official Fun 5's Rule
If you want to know that much about it.
click here

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
Houston Chronicle
Dallas Morning News
Kens5 - San Antonio - TV.
Dallas Observer
Click 2 - Houston
Fox News
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)
Time Warner News

(02/22/16)

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Texas Lotto Report
(All About the Texas Lottery)
Dawn Nettles
P. O. Box 495033
Garland, Texas 75049-5033
(972) 686-0660
(972) 681-1048 (Fax)
Email

URL for areas of image outside of any defined elements. URL for areas of image outside of any defined elements.