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FTC Commissioners voted to deny a motion by the agency’s Bureau of Consumer Protection seeking a summary decision against Intuit Inc. for engaging in allegedly deceptive advertising of its TurboTax tax preparation service.

In an Opinion and Order issued today, the Commission expressed concerns about the advertising campaign but determined that a decision on the merits of the case against Intuit “would be best made after fuller factual development at trial” which will proceed before FTC Administrative Law Judge D. Michael Chappell.

In the complaint against Intuit, the Bureau of Consumer Protection asserts that the company’s ads repeatedly claimed that consumers could file their taxes for free using TurboTax even though TurboTax is free for only some consumers, based on the tax forms they need.

The Commission vote to issue the Opinion and Order was 4-0.

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