Elon Musk and America PAC told a federal court in Texas on October 15, 2026 that they have settled a proposed class action brought by a signer of the PAC’s 2024 swing-state petition, which was promoted with a daily “random” $1 million prize. No settlement terms, payment amounts or claim process have been made public, and there is nothing to file yet.
What Is This About?
On October 15, 2026, the parties in Harvick v. Musk, No. 1:24-cv-01373-RP, a proposed class action in the U.S. District Court for the Western District of Texas in Austin, filed a joint notice of settlement. The notice says only that the parties have reached a settlement. It asks Judge Robert Pitman to vacate all deadlines and stay the case for 30 days so the parties can finalize and sign a settlement agreement and file a motion for preliminary approval.The notice contains no terms: no settlement amount, no class definition and no payment details. Reuters reported the same day that Musk and America PAC also agreed to settle a related case, McAferty v. Musk, No. 1:24-cv-01346-RP, brought in the same court by another Arizona petition signer, that the defendants deny the allegations, and that the terms were not disclosed. Neither Musk nor America PAC has been found liable.
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What the Lawsuit Alleged
In October 2024, America PAC, the political action committee Musk founded, ran a “Petition in Favor of Free Speech and the Right to Bear Arms” open to registered voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina. Signers gave their name, email address, mailing address and cell phone number. At an October 19, 2024 event, Musk announced that America PAC would award $1 million “randomly” to a petition signer every day until the election, and America PAC posted that one signer would be “selected to earn $1 MILLION” each day.The complaint, filed November 11, 2024 by an Arizona signer, alleges those statements were false. It cites a November 4, 2024 statement by Musk’s lawyer in a Philadelphia court that the $1 million recipients were “not chosen by chance” but were selected as paid spokespeople for America PAC. According to the complaint, America PAC said it awarded $1 million checks to 18 people. The plaintiff alleges she signed the petition and handed over her personal information because she believed she had an equal, random daily chance at the prize.
The complaint asserted fraud, breach of contract, a Texas Deceptive Trade Practices Act claim and unjust enrichment, and asked the court to order the defendants to destroy the personal information signers submitted. It proposed a class of all U.S. citizens who signed the America PAC petition. Musk and America PAC denied the allegations, and these remain unproven allegations.
How the Case Got Here
In September 2025, Judge Pitman dismissed the Texas Deceptive Trade Practices Act claim but allowed the fraud, breach of contract and unjust enrichment claims to proceed. The defendants moved for summary judgment in the spring of 2026. On June 25, 2026, Magistrate Judge Susan Hightower granted the plaintiffs’ motions to compel in both cases and ordered the defendants to produce Musk for a deposition. In the same order she recommended that Judge Pitman deny summary judgment on the fraud claim in McAferty and grant it on that case’s breach of contract claim. Reuters reported that the settlement means Musk will avoid that deposition.No class was ever certified. The schedule had called for a class certification deadline after the summary judgment ruling and a jury trial in November 2027.
What Happens Next?
The next filing to watch is the motion for preliminary approval. It will attach the settlement agreement and disclose who is covered, how much money (if any) is involved, how it would be divided and whether signers would need to file claims. Judge Pitman would then decide whether to grant preliminary approval and order notice to the class. Only after that would a claim process, if there is one, open.Until then, there is no settlement website, no claim form and no deadline. Any site claiming to take claims for this settlement now is not connected to the court process. OpenClassActions.com will update this page when the preliminary approval motion is filed.
Questions
Is there a claim form for the Musk America PAC petition settlement?
No. As of October 16, 2026 the parties have only told the court that they reached a settlement. No settlement agreement, payment amount, class definition or claim process has been filed. Those details would appear in a motion for preliminary approval, and any claim process would be announced only after the court reviews it.
What did the lawsuit say about the $1 million petition prizes?
The complaint alleges that Musk and America PAC promised that petition signers in seven swing states would have a daily chance to be randomly selected for $1 million before the 2024 election, but that the recipients were not chosen at random. It cites a November 4, 2024 statement by Musk’s lawyer in a Philadelphia court that the recipients were chosen as paid spokespeople. Musk and America PAC deny the allegations, and no court has found them liable.
Who would be covered by the Musk petition settlement?
That is not known yet. The Harvick complaint proposed a class of all U.S. citizens who signed the America PAC petition, but no class was ever certified, and the settlement’s class definition has not been filed. The motion for preliminary approval will say who the settlement covers.
When will the settlement terms be made public?
The parties asked the court on October 15, 2026 to stay the case for 30 days so they can finalize the settlement agreement and file a motion for preliminary approval. The terms are expected to become public when that motion is filed, but no filing date has been set.
Read the Notice of Settlement
Sources
- Notice of Settlement and Request for a Stay of All Proceedings, Harvick v. Musk, No. 1:24-cv-01373-RP (W.D. Tex. Oct. 15, 2026), ECF No. 65
- Class Action Complaint, ECF No. 1 (Nov. 11, 2024)
- Order Granting in Part and Denying in Part Motion to Dismiss, ECF No. 25 (Sept. 17, 2025)
- Order and Report and Recommendation of the Magistrate Judge, ECF No. 63 (June 25, 2026)
- Reuters — Elon Musk agrees to settle lawsuits over 2024 election lottery (Oct. 15, 2026)
