A class action lawsuit has been filed against the state lottery seeking to stop games being pulled from the market that still have substantial cash prizes available. The class action complaint alleges violations of the Unfair Practices Act, negligent misrepresentation, and injunctive relief. The class was filed on behalf of frequent players of New Mexico scratch off games and claims their decisions on which games to purchase are based upon the representations of the Lottery as the prize money available when a new scratch off game is introduced and on the information provided by the Lottery concerning how many top prizes are still available.
Eastern New Mexico retailers have accused the New Mexico Lottery of misrepresenting scratch off games to the public by advertising prizes, then pulling the games before all the money is awarded. The class claims the lottery has adopted a practice over the past several years of prematurely pulling games statewide while substantial cash prizes are available.
