Last week, the Federal Trade Commission issued an Opinion and Final Order against Intuit Inc., the maker of TurboTax, the most popular brand of tax preparation software, saying it had engaged in deceptive advertising practices. It had accused the company of running ads for free tax prep services for years but it appears the majority of those who signed up were not eligible for those free services. [See complaint.]
In some ads, like the one below, the word “free” is mentioned perhaps 20 times in a 30-second commercial.
*MOUSE PRINT:
The virtually unreadable fine print says that the free version is for simple returns only.
Under the FTC’s final order, Intuit has to make disclosures abundantly clear in its advertising about the limitation of their free edition.
*MOUSE PRINT:
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. 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. [Emphasis added]
Sure enough, last week Intuit began running new TV ads for TurboTax Free that unambiguously say that only about 37-percent of people will qualify to use the program free.
Whether the new ad is satisfactory to the FTC is for them to say, but it is refreshing to literally hear a company’s disclaimer rather than having to catch it in a too-quick and too-small-to-read footnote.
Since this was an internal administrative proceeding where the FTC cannot assess financial penalties, Intuit got off easy. Nonetheless, they have appealed the decision to court.
MrConsumer recently had to ship a package from Boston to California and was shocked at how much it would cost.