Man sues California Lottery for withheld $5 million prize - underage son bought the ticket

[bcla]

http://www.presstelegram.com/genera...n-after-being-denied-5-million-scratchers-win
http://www.latimes.com/local/lanow/la-me-ln-lottery-long-beach-lawsuit-20170721-story.html

He had a bunch of winning tickets and sent his son into a gas station to cash them out and get more tickets. He was apparently waiting for him in the parking lot. One of the new tickets supposedly won a $5 million prize.

I'm guessing what got him was that when there's any kind of big prize they typically go to security camera footage to make sure that the person who cashed it in bought it. It's not an absolute requirement (I think they're worried about stolen tickets), but if it's an underage buyer they certainly reserve the right to deny a payout on the basis of an illegal sale.

 

[sam_gordon]

http://www.presstelegram.com/genera...n-after-being-denied-5-million-scratchers-win
http://www.latimes.com/local/lanow/la-me-ln-lottery-long-beach-lawsuit-20170721-story.html

He had a bunch of winning tickets and sent his son into a gas station to cash them out and get more tickets. He was apparently waiting for him in the parking lot. One of the new tickets supposedly won a $5 million prize.

I'm guessing what got him was that when there's any kind of big prize they typically go to security camera footage to make sure that the person who cashed it in bought it. It's not an absolute requirement (I think they're worried about stolen tickets), but if it's an underage buyer they certainly reserve the right to deny a payout on the basis of an illegal sale.

But you don't have to return the lottery ticket where you bought it, so what good would the security footage be?

 

[RedAngie]

Oh, well. Sucks to be Dad. Don't send a boy in to do a man's job.

Even if there was no sign posted about minors being barred from buying tickets, there most likely is that warning printed on the back of the tickets.

 

[bcla]

But you don't have to return the lottery ticket where you bought it, so what good would the security footage be?

Where it's purchased or initially returned doesn't necessarily matter. No retailer is going to cash out a $5 million winning ticket. A winning ticket for that much has to be submitted directly to the lottery commission. This guy submitted it to one of the California Lottery's offices in Orange County. It's the lottery commission that requests the security footage as standard operating procedure for any large prize. I've even heard of rare cases where a winning ticket was about to expire, and they sent out video of the security cam footage of the person who bought the winning ticket to media outlets. I guess they were hoping that someone might recognize the person and get that person to claim the prize.

I remember when the California Lottery first started. There might have been something like a $75 limit for retailers cashing out tickets, and they had to be cashed out at the place where it was bought. The retailers name had to be stamped on the back of the ticket. Anything more than that required a form and it had to be sent to a lottery office.

 

[Cannot_Wait_4Disney]

The underage gambling laws are absolute. He's not going to get his prize.

 

[RedAngie]

But you don't have to return the lottery ticket where you bought it, so what good would the security footage be?

No, not necessary to return to the point of purchase. For smaller winnings, maybe up to $500, any lottery retailer can pay out. For large winnings, the ticket must be submitted to a lottery office. Dad submitted it to the regional lottery center in Santa Ana. The office knew where the winning ticket was sold, and investigated. Neither story says anything about security cameras, but that is likely the reason they suspected the kid was underage.

I suppose the commission can fine the Mobil station for selling to a minor.

 

[bcla]

Oh, well. Sucks to be Dad. Don't send a boy in to do a man's job.

Even if there was no sign posted about minors being barred from buying tickets, there most likely is that warning printed on the back of the tickets.

All their commercials have the disclaimer "Must be 18 or older to play."

I'm not sure what dad was thinking. I know there was a time when a parent could send a kid to get a pack of cigarettes, but this is 2017.

 

[emmybee]

Well at least this conversation explains how they know the underage son bought the ticket. Sucks for dad!

 

[RedAngie]

All their commercials have the disclaimer "Must be 18 or older to play."

I'm not sure what dad was thinking. I know there was a time when a parent could send a kid to get a pack of cigarettes, but this is 2017.

Besides the lottery tickets, I was thinking Dad also sent Junior inside to get beer and cigarettes too. I'm not sure of the neighborhood in Long Beach, but there are some very lax retailers out there.

A nun in Catholic school would send kids to the corner store during recess to get her a pack of Pall Malls. "Just ask for Sister Rosa's cigarettes."

 

[Albort]

I suppose the commission can fine the Mobil station for selling to a minor.

i was reading somewhere that it is a felon to sell age restricted things to a minor... would be quite an episode for the clerk that sold the guy a ticket.
im not sure if this is true or not.

 

[bcla]

i was reading somewhere that it is a felon to sell age restricted things to a minor... would be quite an episode for the clerk that sold the guy a ticket.
im not sure if this is true or not.

I don't think so. Might be a misdemeanor. The worst thing really for a retailer is that they might get an alcohol license suspended or get fined. I know of a nearby pizza place that got its beer and wine license suspended for failure to ID underage customers during a sting operation. For the most part I think they don't prosecute unless it's someone knowingly selling to a minor as long the license has been suspended or pulled.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=25658

25658.
(a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor.​

Even if they prosecute, the mostly likely outcome would be a fine and community service.

For the lottery, sales to minors is prohibited ib the retailer contract and by the law that established the lottery.

http://static.www.calottery.com/~/m...iler Contract Terms and Conditions 3-3-14.pdf
c. Purchasers Must be 18 Years of Age or Older. Retailer may not sell Lottery products to persons under the age of 18. Retailer must establish safeguards to ensure Lottery sales are not made to minors.​

Apparently clerks have been personally cited and forced to pay a fine and perform community service.

Seven clerks cited for selling lotto tickets to minors
http://www.dailybulletin.com/article/zz/20120322/NEWS/120328651

 

[Luv Bunnies]

All their commercials have the disclaimer "Must be 18 or older to play."

I'm not sure what dad was thinking. I know there was a time when a parent could send a kid to get a pack of cigarettes, but this is 2017.

That's the problem. Apparently Dad wasn't thinking.

 

[EveDallas]

Dad should have got his lazy you know what out of the car and done it himself. Too bad for him.

 

[wowsmom]

I think maybe the cashier didn't ask the kid for ID since he had winning lottery tickets he was redeeming - he probably assumed he was old enough since he already had some tickets.

 

[J'aime Paris]

All their commercials have the disclaimer "Must be 18 or older to play."

I'm not sure what dad was thinking. I know there was a time when a parent could send a kid to get a pack of cigarettes, but this is 2017.

Total deja vu here!
My uncle used to send me and my cousin to the corner convenience store, about 3 blocks away, to buy his cigarettes. I was 9 and she was 7.
We'd walk to the store, ask for his Tareyton 100's. With the change, we were allowed to buy penny candy. We were thrilled with the arrangement!

 

[bcla]

I think maybe the cashier didn't ask the kid for ID since he had winning lottery tickets he was redeeming - he probably assumed he was old enough since he already had some tickets.

I was thinking of what happened when the California Lottery just began. A family friend actually bought a bunch of scratcher tickets and gave it to us kids. I don't believe that was even illegal to give tickets to kids, but an adult would have to buy them and an adult would have to cash them out. However, they bought it from a store closer to their home, so if one was a winner it would have needed to be mailed in to the California Lottery office in Sacramento to receive a check. That was back when direct cashing could only be done at the store of purchase.

There were a lot of weird things about those. One was that a ticket was void if a marked section of the ticket was scratched off before redemption. Some had some higher value winners that were voided as a result. Eventually they got rid of that because it was pretty obvious that the number underneath (I scratched that part off on non winning tickets to see what was there) was pretty useless that it didn't matter. The stupidest thing I remember was that some tried to redeem $100 "winning tickets". Well - maybe not real winning tickets but ones where they cut out a section of a promotional pamphlet put out by the California Lottery showing how to play and with a picture that had a full scale representation of what a $100 winner would look like ($100 three times) and glued that to an actual ticket.

 

[scrapquitler]

All their commercials have the disclaimer "Must be 18 or older to play."

I'm not sure what dad was thinking. I know there was a time when a parent could send a kid to get a pack of cigarettes, but this is 2017.

Here in CT the lottery ads all say "Minors under 18 may not purchase lottery tickets, but can receive them as gifts".

 

[Nancyg56]

Oh well....lesson learned.

 

[mamacatnv]

Is there somewhere that says if someone under 18 does purchase they forfeit any winnings? I know it says must be 18 to play but this is an interesting what if scenario.
I smell an interesting legal case - for 5 million setting the precedence would be worth someones time I would imagine,

 

[DizBelle]

If it was dad's money, doesn't that mean that he, technically, bought them?