Elon Musk is being sued in a proposed class action by voters who participated in his $1 million-a-day election giveaway, claiming it was fraudulent.

The lawsuit was filed by Jacqueline McAferty from Arizona in the Austin, Texas federal court.

She argues that Musk and his America PAC organization misled participants by suggesting winners would be randomly selected, when they were allegedly predetermined.

McAferty also accuses the defendants of using the giveaway to gather personal data and increase engagement with Musk's platform, X.

This legal action follows a Philadelphia judge's denial of a request to halt the giveaway, labeling it an illegal lottery.

However, Elon Musk has reportedly ceased the giveaway after the U.S. presidential election.

The lawsuit seeks at least $5 million in damages for participants and implicates Musk, who resides in Texas and operates Tesla in Austin.

Musk, a supporter of Republican Donald Trump, launched the giveaway targeting voters in seven swing states to promote free speech and gun rights.

The case is filed as McAferty v Musk et al in the U.S. District Court for the Western District of Texas, case number 24-01346.