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 complaint about TurboTax? ›

The FTC issued a Complaint against Intuit in March 2022, due to the prominent “free” messaging used for TurboTax services, despite the small fraction of users eligible to use TurboTax services at no cost. Chief Administrative Law Judge D.

What is the FTC lawsuit 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 claim that, since at least 2016, Respondent has advertised through television, radio, and online ads that consumers could file their taxes for free using TurboTax, when in fact, two thirds of taxpayers were not eligible to file with the free TurboTax product. Compl. ¶ 21; CCB 10; Johnson Tr.

Why is TurboTax being investigated by the IRS? ›

The federal agency, after an investigation prompted by ProPublica's reporting, blasted Intuit for misleading customers about its “free” tax-filing program and directed the company to take specific steps to fix its ads.

Is TurboTax being investigated by the government? ›

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.

Why did I get a FTC refund? ›

Whenever possible, the FTC uses the money it collects from defendants to provide refunds to injured consumers. If there is any money left in the settlement fund after the first distribution, the FTC may send a second round of payments. The FTC sends money that cannot be distributed to consumers to the U.S. Treasury.

Is Intuit TurboTax legit? ›

100% Accurate Expert-Approved Guarantee: If you pay an IRS or state penalty (or interest) because of an error that a TurboTax tax expert or CPA made while providing topic-specific tax advice, a section review, or acting as a signed preparer for your return, we'll pay you the penalty and interest.

Is TurboTax under investigation with the IRS? ›

Case Summary. The Federal Trade Commission is taking action against Intuit Inc., the maker of the popular TurboTax tax filing software, by issuing an administrative complaint against the company for deceiving consumers with bogus advertisem*nts pitching “free” tax filing that millions of consumers could not use.

Is TurboTax owned by Intuit? ›

TurboTax is a software package for preparation of American 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 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 class action lawsuit against Intuit 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. Approximately 4.4 million consumers nationwide received a payment.

What is TurboTax in trouble for? ›

In an opinion and final order, the Federal Trade Commission ruled that Intuit engaged in deceptive practices by running ads claiming consumers could file their taxes for free using TurboTax — when in fact many taxpayers did not qualify for such free offerings. ( AP Photo/Gene J. Puskar, File) By WYATTE GRANTHAM-PHILIPS.

Who owns Intuit TurboTax? ›

Intuit has dominated the tax software market since 1993, when for $225 million, it bought Chipsoft, the San Diego-based company that had created TurboTax.

Who owns Intuit? ›

Intuit (INTU) Ownership Overview

The ownership structure of Intuit (INTU) stock is a mix of institutional, retail and individual investors. Approximately 48.31% of the company's stock is owned by Institutional Investors, 3.94% is owned by Insiders and 47.75% is owned by Public Companies and Individual Investors.

Do TurboTax customers get audited? ›

If you're ever assessed an IRS or state penalty or interest due to a TurboTax calculation error, we'll pay you the penalty and interest. Our Audit Risk Meter will show you just where you stand before you file. Of course, even with a spotless tax return, there's always a rare chance you may be randomly audited.

Why are people complaining about TurboTax? ›

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 issue with TurboTax? ›

The FTC said that TurboTax's “file FREE” claims misled people because most people didn't qualify for “$0 to file.” Except they only found that out well after they spent a lot of time putting all their info into the system. As a result, the FTC ordered Intuit to stop making false “free” claims.

Why not to file with TurboTax? ›

Cons: More expensive than other tax-filing software. Just simple tax returns (including taxpayers with only W-2 income) qualify for TurboTax Free Edition. Processing state tax returns generally costs extra.

Is TurboTax trustworthy? ›

For those who want to get their taxes done quickly with as little headache as possible, TurboTax is the leading contender. While it's not the cheapest option available, the breadth of product options and smooth process make it worth the cost.

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