I agree with the OP, that the idea of someone feeling “duped” into buying a ticket is incomprehensible, when in all reality they had about the same chance of winning as of being hit by a bus.
However, keep in mind that if a casino in Vegas were in the same position - say for instance, a slot machine that has a registered payout rate of (x) is malfunctioning and paying out at a lower rate, or not at all - the operator would be obligated by the Nevada gaming commission to refund any proceeds affected by the incident.
So there does seem to be some precedent for concern. I would even go so far as to say that it is misleading if a state is selling lottery tickets where the maximum prize amount is actually part of the ticket name (I saw reference to a $1m Explosion" scratch-off game in the cite). It may only be misleading to complete morons who don’t understand the laws of probability, completely ignore the phrase “the lottery should be played for recreation only and not for investment purposes”, and can’t read the fine print on the back of the ticket that says something like “all prizes may not be available at the time of purchase”. But misleading nonetheless.
However, the guy in the cited article still seems like a schmuck. His complaint, combined with his educated background, and the sequence of events, smacks to me of grandstanding - what with the too-pat: “oh, I casually bought a ticket one day, and then after the fact, casually researched if someone had won the top prize prior to my buying the ticket (just lazy weekend reading, mind you), and then, I casually made a FOIA request of the VA lottery ticket sales records, and wouldn’t you know it - I was shocked and flabbergasted, just flabbergasted, I tell you, to find out that I may have been forced into buying a lottery ticket that had no chance of winning the top prize, by those meany poopypants in the lottery commission.”
Besides, I’ve personally known two people that went to Washington and Lee, and they were both douchebags. Since we’re playing fast and loose with statistical probabilities here, I would say that my empirical observations are a good indicator that the complainant - being a professor at W & L - is, indeed, a douchebag. 