He also said the notice that appeared on the Intuit sign-in and account recovery pages contained several similar hyperlinks that could cause confusion. In his order, Judge Breyer said the Intuit TurboTax terms of service were not adequate to inform consumers they were giving consent to be bound by arbitration when signing into TurboTax.Īccording to Judge Breyer, the hyperlink to the terms and conditions on the Intuit TurboTax website was displayed in blue but was not underlined, and therefore did not meet the “gold standard” of how terms and conditions should be displayed to website users. In late October 2019, Intuit moved to send the case to arbitration, but that motion was denied by Judge Breyer on March 12, 2020. That consolidated complaint accused Intuit of violating the California Unfair Competition Law and of unjust enrichment. 13, 2019, according to the settlement agreement. The TurboTax class action lawsuits were consolidated in federal court in June 2019, and the plaintiffs filed their amended complaint Sept. The class action lawsuits alleged Intuit deceived the plaintiffs into paying fees for filing their tax returns because the company either didn’t make them aware of software Intuit donates to the Internal Revenue Service’s (IRS) Free File Program or were led to believe they didn’t qualify for a free TurboTax product when they were told they were not eligible for the free TurboTax commercial product. When it comes to marketing TuboTax Free Edition, Intuit is required to adhere to Federal Trade Commission (FTC) online marketing guidelines. Intuit will send a minimum of six “email reminders to returning IRS Free File Program Delivered by TurboTax customers,” until the customer files their taxes or unsubscribes from the emails, the settlement agreement says. 15 and April 15 for the purpose of informing customers about the IRS Free File Program. The company is required to create at least three blog posts each year between Jan. Intuit also agrees “to disclose the existence of the IRS Free File Program and qualifications to file for free under the IRS Free File Program on one or more webpages” and to maintain a public webpage on the same domain that explains the forms and schedules that are not covered under the TurboTax Free Edition. As part of the TurboTax class action lawsuit settlement, Intuit has agreed not to cause the IRS Free File Program Delivered by TurboTax landing page to be “de-indexed” from organic search results.
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