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AG Derek Schmidt secures nearly $1.18 million for consumers deceived by TurboTax

Release Date: May 04, 2022

TOPEKA – (May 4, 2022) – Kansas Attorney General Derek Schmidt said today that nearly 40,000 Kansas consumers will share almost $1.18 million in restitution under a settlement agreement reached with the owners of TurboTax for deceiving consumers to pay for tax services that should have been free.

Schmidt said all 50 states and the District of Columbia reached an agreement worth $141 million with Intuit, Inc., owner of the tax service Turbo Tax. In addition to restitution, Intuit must suspend TurboTax’s “free, free, free” ad campaign that lured customers with promises of free tax preparation services, only to deceive them into paying for services, including paying to file their federal tax return.

An investigation found that the company was using deceptive digital tactics to steer low-income consumers toward its commercial products and away from federally-supported free tax services.

The multistate investigation found that Intuit engaged in several deceptive and unfair trade practices that limited consumers’ participation in the IRS Free File Program. The company used confusingly similar names for both its IRS Free File product and its commercial “freemium” product. Intuit bid on paid search advertisements to direct consumers who were looking for the IRS Free File product to the TurboTax “freemium” product instead. Intuit also purposefully blocked its IRS Free File landing page from search engine results during the 2019 tax filing season, effectively shutting out eligible taxpayers from filing their taxes for free. Moreover, TurboTax’s website included a “Products and Pricing” page that stated it would “recommend the right tax solution,” but never displayed or recommended the IRS Free File program, even when consumers were ineligible for the “freemium” product.

Under the agreement, Intuit will provide restitution to millions of consumers who started using TurboTax’s Free Edition for tax years 2016 through 2018 and were told that they had to pay to file even though they were eligible to file for free using the version of TurboTax offered as part of the IRS Free File program. Consumers are expected to receive a direct payment of approximately $30 for each year that they were deceived into paying for filing services. Impacted consumers will automatically receive notices and a check by mail.

Intuit has also agreed to reform its business practices, including:

  • Refraining from making misrepresentations in connection with promoting or offering any online tax preparation products;
  • Enhancing disclosures in its advertising and marketing of free products;
  • Designing its products to better inform users whether they will be eligible to file their taxes for free; and
  • Refraining from requiring consumers to restart their tax filing if they exit one of Intuit’s paid products to use a free product instead.

Intuit withdrew from the IRS Free File program in July 2021. 

For more information, visit www.InYourCornerKansas.org or call 1-800-432-2310. 

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