Federal Trade Commission Takes Action Against TurboTax for Deceptive Marketing

January 23, 2024

Intuit’s TurboTax Misrepresents Free Tax Filing Services

In a significant move to protect consumers, the Federal Trade Commission (FTC) has taken decisive action against TurboTax, a prominent tax filing software provider, for engaging in deceptive marketing practices. The FTC’s order prohibits TurboTax from misrepresenting its services as “free,” following a September 2023 ruling that found TurboTax’s parent company, Intuit, had engaged in deceptive marketing.

Misleading Advertising Tactics Exposed

The FTC’s comprehensive investigation uncovered a systematic pattern of misleading advertising employed by TurboTax to attract customers with promises of free tax filing. However, the company’s advertising deliberately failed to disclose that the majority of customers would not qualify for the free service.

According to the FTC’s findings, approximately two-thirds of U.S. taxpayers do not meet TurboTax’s simple tax return qualifications and are thus ineligible for the free service. Furthermore, customers who operate small businesses, work as independent contractors, or earn above a certain income threshold are also excluded from the free service.

Order Prohibits Misrepresentation of Free Services

The FTC’s order serves as a strong and necessary measure to prevent TurboTax from continuing its misrepresentation of free services. The order explicitly prohibits TurboTax from misrepresenting itself as a no-cost service. Moreover, the company is required to only represent a product or service as free if it genuinely provides free services to consumers. This means that TurboTax can no longer advertise its services as “free” unless it transparently discloses the percentage of customers who actually qualify for the free service.

TurboTax’s Response: Denying Deceptive Marketing Allegations

In response to the FTC’s ruling, TurboTax’s spokesperson, Derrick L. Plummer, expressed strong disagreement, calling it “deeply flawed.” Plummer asserted that the opinion resulted from a “biased and broken system” where the Commission acts as the accuser, judge, jury, and appellate judge all in the same case.

FTC Sends a Clear Message: “Free” Means Free

Samuel Levine, director of the FTC’s Bureau of Consumer Protection, emphasized the significance of the order, stating, “The order also sends a message across [the] industry — ‘free’ means free — not ‘free for a few’ or ‘free for some.’”

The FTC’s decisive action against TurboTax sends a clear message to businesses that engaging in deceptive marketing practices will not be tolerated. Companies must operate with transparency and honesty in their advertising, ensuring that consumers have accurate information to make informed decisions.

Additional Provisions of the FTC Order

In addition to prohibiting TurboTax from misrepresenting its services as free, the FTC’s order also mandates the company to:

– Provide copies or records of all consumer complaints and refund requests received directly or indirectly through a third party, along with any responses afterward.
– Maintain records demonstrating full compliance with each provision of the order.

The FTC’s order aims to ensure that TurboTax operates in a fair and transparent manner, protecting consumers from deceptive marketing practices.

Conclusion

The FTC’s action against TurboTax serves as a reminder to businesses that engaging in deceptive marketing practices will not be tolerated. Consumers deserve accurate and transparent information to make informed decisions. Companies must operate with integrity and honesty, ensuring that their advertising accurately reflects the products and services they offer.

The FTC’s order sends a clear message to TurboTax and other businesses: “Free” means free, and any attempt to mislead consumers with false promises will be met with decisive action.