Analysis Group Expert Submissions Support Defeat of Emergency Motion in TurboTax Deceptive Advertising Case

May 3, 2022

Analysis Group was retained on behalf of Intuit, the defendant in a deceptive advertising lawsuit filed by the Federal Trade Commission (FTC). The FTC claimed that Intuit was deceptively advertising its TurboTax Free Edition software as free while concealing disclosures that only simple tax filings qualified for the free service, in violation of Section 13(b) of the Federal Trade Commission Act. The FTC filed an emergency motion for a temporary restraining order (TRO) and a preliminary injunction.

An Analysis Group team led by Managing Principals Rebecca Kirk Fair and Aaron Yeater, and Vice Presidents Kris Comeaux, Tracy Offner, and Elizabeth Milsark, supported Professor Peter Golder, Professor of Marketing at the Tuck School of Business at Dartmouth College, and Professor John Hauser, Kirin Professor of Marketing at the MIT Sloan School of Management, in their expert submissions to the court rebutting claims made by the FTC and its marketing and surveys expert.

The motion was denied by the US District Court for the Northern District of California.