FTC Issues Opinion Finding that TurboTax Maker Intuit Inc. Engaged in Deceptive Practices (2024)

The Federal Trade Commission has issued an Opinion and Final Order that Intuit Inc., the maker of the popular TurboTax tax filing software,engaged in deceptive advertising in violation of the FTC Act and deceived consumers when it ran ads for “free” tax products and services for which many consumers were ineligible.

In its Opinion, the Commission upheld the Chief Administrative Law Judge (ALJ), D. Michael Chappell’s opinion that Intuit has engaged in deceptive advertising in violation of Section 5 of the FTC Act and said that the defenses that Intuit raised lack merit. The Commission ordered Intuit to cease making the deceptive claims as outlined by complaint counsel, who are FTC staff in the Bureau of Consumer Protection.

The Commission’s Final Orderprohibits Intuit from advertising or marketing that any good or service is free unless it is free for all consumers or it discloses clearly and conspicuously and in close proximity to the “free” claim the percentage of taxpayers or consumers that qualify for the free product or service. Alternatively, if the good or service is not free for a majority of consumers, it could disclose that a majority of consumers do not qualify.

The order also requires that Intuit disclose clearly and conspicuously all the terms, conditions, and obligations that are required in order to obtain the “free” good or service. If the advertisem*nt is space constrained and not displayed on any TurboTax website, app, email or other company owned or controlled platform, Intuit is not required to include all the terms and conditions in the advertisem*nt itself but must disclose either that a majority of consumers do not qualify for free (if true) or the percentage that do as well as provide a link in such space-constrained online ads that details all the terms and conditions, according to the Commission order.

The order also prohibits Intuit from misrepresenting any material facts about its products or services such as the price, refund policies or consumers’ ability to claim a tax credit or deduction or to file their taxes online accurately without using TurboTax’s paid service.

The Commission voted 3-0 to issue the opinion and order.

FTC Issues Opinion Finding that TurboTax Maker Intuit Inc. Engaged in Deceptive Practices (2024)

FAQs

FTC Issues Opinion Finding that TurboTax Maker Intuit Inc. Engaged in Deceptive Practices? ›

The Federal Trade Commission has issued an Opinion and Final Order that Intuit Inc., the maker of the popular TurboTax tax filing software, engaged in deceptive advertising in violation of the FTC Act and deceived consumers when it ran ads for “free” tax products and services for which many consumers were ineligible.

What is the FTC ruling against Intuit? ›

After independently evaluating the evidence, the Federal Trade Commission has held that “Intuit has engaged in deceptive advertising in violation of the FTC Act” and has issued a comprehensive order against Intuit to prevent the company from future truth-in-advertising violations.

Why is the FTC taking administrative action against TurboTax? ›

Complaint Counsel assert that Respondent has marketed TurboTax deceptively in violation of Section 5 of the FTC Act, as amended, 15 U.S.C. § 45 (prohibiting “unfair or deceptive acts or practices”).

Why is TurboTax under investigation? ›

The FTC first sued Intuit in 2022 for falsely advertising its products as free, and this January, the FTC issued an opinion that Intuit had violated the Federal Trade Commission Act by advertising practices in which it “ran ads for 'free' tax products and services for which many consumers were ineligible,” and ...

Is the Intuit AVC settlement legitimate? ›

1. What is this settlement about? Answer: On May 4, 2022, a coalition of state attorneys general announced a $141 million multistate settlement with Intuit that compensated Intuit TurboTax customers who were deceived into paying for tax preparation services that should have been free for them.

What does the FTC consider deceptive? ›

Acts or practices that have the potential to be deceptive include making misleading cost or price claims; using bait-and-switch techniques; offering to provide a product or service that is not in fact available; omitting material limitations or conditions from an offer; selling a product unfit for the purposes for ...

What is the FTC Intuit order? ›

The Commission's Final Order prohibits Intuit from advertising or marketing that any good or service is free unless it is free for all consumers or it discloses clearly and conspicuously and in close proximity to the “free” claim the percentage of taxpayers or consumers that qualify for the free product or service.

Is there really a lawsuit against TurboTax? ›

In 2022, Attorney General Bonta, as part of a coalition of 51 attorneys general and with the Los Angeles City Attorney and Santa Clara County Counsel, announced a $141 million settlement against Intuit, resolving allegations that the California-based company deceptively advertised its “free” online TurboTax products.

What is the controversy with TurboTax? ›

In an opinion and final order issued Monday, the Federal Trade Commission ruled that Intuit engaged in deceptive practices by running ads claiming consumers could file their taxes for free using TurboTax though many people did not qualify for such free offerings.

How do I remove audit defense from TurboTax? ›

We can tell you how to go back and remove Audit Defense from your order. Click on the REVIEW tab, then go to the Audit Protection subtab. Go past the Audit Risk Meter until you get to the screen below where it can be removed.

What's going on with TurboTax? ›

On May 4, 2022, a coalition of state attorneys general announced a $141 million settlement with Intuit that compensated Intuit TurboTax customers who paid for tax preparation services that should have been free for them.

Are TurboTax and Intuit the same? ›

TurboTax is a software package for preparation of American and Canadian income tax returns, produced by Intuit. TurboTax is a market leader in its product segment, competing with H&R Block Tax Software and TaxAct. TurboTax was developed by Michael A. Chipman of Chipsoft in 1984 and was sold to Intuit in 1993.

Is TurboTax having problems today? ›

No, we are not detecting any problems with TurboTax right now. The last outage detected for TurboTax was on Monday, April 22, 2024 with a duration of about 32 minutes.

What is the FTC lawsuit against Intuit? ›

The FTC first sued Intuit in March 2022 over the ads pitching free TurboTax products. The commission said about two-thirds of tax filers in 2020 would have been ineligible for the company's free offerings, such as freelance workers who received 1099 forms and people who earned farm income.

How do I get my money back from TurboTax? ›

Satisfaction Guarantee/ 60-Day Money Back Guarantee: If you're not completely satisfied with TurboTax Desktop, go to refundrequest.intuit.com within 60 days of purchase and follow the process listed to submit a refund request.

What is the new FTC rule? ›

Key Takeaways: The FTC's Final Rule bans all future non-competes beginning in approximately four months. The Final Rule also voids existing non-compete provisions for all workers other than senior executives beginning in approximately four months.

What is the lawsuit against QuickBooks? ›

SAN FRANCISCO (CN) - Intuit cheated purchasers of its Quickbooks Premier Edition 2005 software of millions of dollars by designing it to block access to or disable its online features when an upgrade became available, a class action claims in Federal Court.

What is the FTC breach rule? ›

For breaches involving 500 or more individuals, covered entities must notify the FTC at the same time they send notices to affected individuals, which must occur without unreasonable delay and in no case later than 60 calendar days after the discovery of a breach of security; and.

What does the FTC Act prohibit? ›

The FTC enforces federal consumer protection laws that prevent fraud, deception and unfair business practices. The Commission also enforces federal antitrust laws that prohibit anticompetitive mergers and other business practices that could lead to higher prices, fewer choices, or less innovation.

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