The Federal Trade Commission (FTC) made a significant ruling on Monday, exposing TurboTax's long-standing use of deceptive advertising associated with free tax preparation services. Contrary to their widely promoted claims, many users actually had to pay for TurboTax's filing services. The top officials at the FTC described these acts as "egregious" violations of federal regulations against deceptive practices.
With the tax-filing season just around the corner, the FTC's three commissioners unanimously concluded that Intuit, the parent company of TurboTax, must make significant changes to its advertising practices. The agency provided two options for TurboTax: either refrain from advertising any goods or services as free unless they genuinely are free for everyone, or ensure clear disclosures in their ads stating the eligibility criteria for the free offering. If they choose the latter option, the disclosure must be in close proximity to the word "free," as indicated in the 91-page opinion issued by the FTC officials.
FTC Chair Lina Khan and two commissioners upheld the earlier ruling by the chief administrative judge within the agency, reinforcing the severity of TurboTax's deceptive practices.
Presently, Intuit's advertisements for its free edition claim that approximately 37% of filers are eligible for this service. They provide a link nearby that outlines which tax forms and credits are included and excluded in the free edition.
It is worth noting that Intuit settled a $141 million lawsuit with state attorneys general in 2022, accused of misleading customers into paying for tax services. Last year, those affected by the scandal received settlement funds. However, Intuit denied any wrongdoing in the settlement and vehemently disputed government allegations of intentional deception.
Following this ruling, an Intuit representative voiced strong disagreement with the FTC's decision.
Intuit's Response to FTC Decision
Intuit, the company behind TurboTax, is challenging a recent ruling made by the Federal Trade Commission (FTC). The ruling accused Intuit of using deceptive advertising practices in promoting its tax filing services.
In a statement, Intuit spokesperson Tania Mercado expressed disappointment in the decision, calling the system biased and broken. Mercado criticized the FTC for serving as the accuser, judge, jury, and even the appellate judge in this case. Intuit has appealed the decision and remains confident that it will prevail once the matter is reviewed by a neutral body.
The controversy revolves around TurboTax's "free" tax filing service, which has come under scrutiny. The IRS, in an attempt to provide an alternative, is testing a no-cost tax filing program called "Direct File" in twelve states. However, this initiative has drawn criticism from players in the tax-software industry, with Intuit being particularly vocal in expressing its concerns.
According to the FTC, Intuit bombarded taxpayers with deceptive ads throughout the years, misleading them into believing that they can file their taxes for free. The ads in question were run from November 2018 to April 2022 but were eventually pulled as the FTC's case gained momentum.
The agency's opinion states that Intuit continued to run these ads, fully aware that they were misleading consumers who were not eligible for free filing. Taxpayers were left frustrated by Intuit's misleading information and restrictions on who could actually qualify for free filing.
Despite these allegations and the ongoing legal battle, Intuit's shares closed slightly higher on Monday. However, in after-hours trading, the stock experienced a minor decrease of 0.2%.
Intuit's response to the FTC ruling portrays a company determined to challenge what it sees as an unjust decision. The controversy surrounding TurboTax's "free" filing service continues to divide opinions within the tax-software industry. As the legal process unfolds, only time will tell how this case will ultimately resolve.
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