A Texas woman who claims she won an $83.5 million jackpot in the state's February 17 Lotto Texas drawing has filed a lawsuit against the Texas Lottery Commission, alleging that officials have unlawfully withheld her winnings due to her use of a third-party app. The complaint, filed in Travis County District Court, names acting deputy executive director Sergio Rey as the defendant.
The woman, who remains anonymous, used the Jackpocket app-a courier platform owned by sports betting giant DraftKings-to purchase the winning ticket from Winner's Corner, a licensed retailer in Austin. According to her attorney, Randy Howry of the Austin-based firm Howry, Breen & Herman, "It shouldn't take a lawsuit to get paid when you win the lottery."
In court documents, the woman claims that she presented her winning ticket on March 18 and that the Commission confirmed her as the "lawful bearer" and the "prize winner" under Texas Government Code § 466.4001. "At no time has Sergio Rey or the Commission... advised Plaintiff that the winning ticket is invalid, inauthentic, obtained by fraud, has an illicit chain of custody, or that any other unlawful conduct was involved," the lawsuit states.
Despite that, the prize remains unpaid. "They are simply stonewalling the winner, stalling and not being responsible or acting with any integrity," the complaint alleges. "In fact, what they are doing is illegal."
The case has become entwined with a broader controversy surrounding third-party lottery couriers. On February 24, one week after the woman's win, then-executive director Ryan Mindell stated that such services "are not allowed under Texas law." Mindell resigned on April 21 and was replaced on an interim basis by Rey. Texas officials, including Governor Greg Abbott and Lieutenant Governor Dan Patrick, have since ordered investigations into both the February 2025 drawing and a separate $95 million jackpot paid in April 2023 to an overseas entity that purchased over 25 million tickets.
Patrick visited Winner's Corner the day after the February draw and said in a video, "The bottom line is, if people are going to have confidence in the lottery, we have to be sure that no one has an advantage." He added, "This is not the way the lottery was designed to operate."
While Jackpocket users have previously been able to claim winnings without issue, Texas lawmakers have raised concerns over the legality of online ticket purchases and their potential accessibility to minors. A bill advanced Wednesday would abolish the Texas Lottery Commission, transferring oversight to the Texas Department of Licensing and Regulation.
The plaintiff's legal team argues that the new scrutiny cannot retroactively invalidate her win. "We all know the Commission is not allowed to change the rules after the drawing," the complaint states. "But the Commission has apparently tried to do so."
"She played by all the rules," Howry told People. "She did everything the right way... If you allow a person to play by your rules and they win and you refuse to pay 'em, then why would anyone play the Texas lottery going forward?"
The Texas Lottery Commission, in a statement, said the claim "is being reviewed under the Commission's claim validation requirements and is the subject of external investigation." It declined to comment further due to pending litigation.
