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Court Strikes Down FTC Ban on 'Free' TurboTax Ads

Summary

  • Appeals court overturned FTC order on Intuit's 'free' TurboTax ads.
  • Ruling cited constitutional separation of powers issues.
  • Judge's decision on deceptive advertising claims deemed improper.
Court Strikes Down FTC Ban on 'Free' TurboTax Ads

On March 20, 2026, a U.S. appeals court reversed a Federal Trade Commission order concerning Intuit's TurboTax advertising. The FTC had sought to prevent the company from marketing its tax preparation software as "free" for users with simple returns, alleging deceptive practices.

The 5th U.S. Circuit Court of Appeals determined that the FTC's administrative law judge overstepped constitutional boundaries. The court ruled that an administrative judge deciding a deceptive advertising claim violated the principle of separation of powers, thereby invalidating the FTC's previous order against Intuit.

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