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"In any communication made through both visual and audible means, such as a television advertisement, the disclosure must be presented simultaneously in both the visual and audible portions of the communication even if the representation requiring the disclosure is made in only one means." "In any communication that is solely visual or solely audible, the disclosure must be made through the same means through which the communication is presented," it says. The order defines "clearly and conspicuously" in some detail.
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Moreover, if an Intuit good or service is not free for most US taxpayers, that fact must be "disclosed clearly and conspicuously at the outset of any disclosures required" by the order.
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The order said Intuit "must not represent that a good or service is 'Free'" unless it actually offers the good or service for free to all consumers, or "All the terms, conditions, and obligations upon which receipt and retention of the 'Free' good or service are contingent are set forth clearly and conspicuously at the outset of the offer so as to leave no reasonable probability that the terms of the offer might be misunderstood."
There is no monetary penalty, and Intuit expects no significant impact to its business." Clearly and conspicuouslyĪccording to Chappell's 242-page ruling, "the evidence proves that Intuit engaged in deceptive advertising in violation of Section 5 of the FTC Act." Intuit "advertised to consumers that they could file their taxes online for free using TurboTax, when in truth, for approximately two-thirds of taxpayers, the advertised claim was false," he wrote. Intuit also said it "already adheres to most of the advertising practices in the FTC's erroneous decision. "Intuit will appeal this groundless and seemingly predetermined decision by the FTC to rule in its own favor and is confident that when the matter ultimately returns to a neutral body Intuit will prevail, as it has previously in this matter," the company said. The response from Intuit noted that the administrative law judge is "an employee of the FTC" and "ruled in favor of the FTC in the agency's own lawsuit." The FTC filed an administrative complaint against Intuit in March 2022.
The order would be in effect for 20 years if it survives appeal. The FTC commissioners will likely rule against Intuit, which issued a statement indicating that it will take the matter to federal court.
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Michael Chappell was released today and is subject to an automatic review by the full commission. The initial decision by Administrative Law Judge D.
The Federal Trade Commission's chief administrative law judge ruled that Intuit violated US law with deceptive advertising and should be forced to stop promoting TurboTax as "free" unless all conditions imposed on the free offer are immediately and conspicuously displayed to consumers. Getty Images | Sasirin Pamai reader comments 191 with
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