TurboTax to pay $141M in agreement reached by all 50 states
ag.ny.gov
ag.ny.gov
> Consumers are expected to receive a direct payment of approximately $30 for each year that they were deceived into paying for filing services. Impacted consumers will automatically receive notices and a check by mail.
It looks like TurboTax is being required to return the money they fraudulently obtained, but they're not even required to pay interest or any additional restitution or punitive damages. It's definitely disappointing and a minor miscarriage of justice.
Edit: Two things I want to clarify from my original comment. First, I wasn't able to find pricing info from the years in question so I went from what I remembered as their lowest pricing tier which I think was $30. Second, I use the term "minor miscarriage of justice" as a comparison to the Sackler BS which was a gross (as in disgusting) miscarriage of justice.
Some of the class action suits also require you to be the one to put in effort to receive your money, so the fact that TurboTax is just mailing everyone a check seems better than others. And "better" doesn't necessarily mean "good". Still not a fan of TurboTax or the US tax filing system.
I agree with you. Miscarriage of justice. Like a bank robber only having to return the money as the "fine" and zero punishment after.
Given its profits, Intuit could easily survive a fine of one billion, and would think twice about implementing similar frauds in the future. Behaving ethically would be in the best interest of their stockholders.
Sure but that would still be based on the profits of the scheme, not any other unrelated revenue. In your traffic light analogy it’d be like billing the ticket based upon how many miles per year you drive rather than the speed limit or how fast you were going.
Median wage is $12/hr and a company with $50bn/yr revenue does something that would normally be $120? $250 million.
I think their point is that we don't know how much profit Intuit made from the crime (at least, I couldn't find it in the article). The assumption is that tricking people into paying to file when they didn't have to is not 100% of their revenue.
It’s like parking in places that could lead to a ticket. If you only get a ticket once every 100 times you park. It might be cheaper and more convenient to park illegally.
The system has to up enforcement or up the pain of non compliance. Else you encourage people to take the rational choice of breaking the rules.
So following this logic, unethical behavior, deceptive practices and bogus advertising is less important than the percentage of total revenue gotten from those practices? That sounds like a talking point straight out of the Intuit PR book. Without considering total revenue, a fine like this is just the cost of doing business for Intuit, a footnote on an otherwise wonderful corporate earnings statement.
Do you also suppose that $30 was always the true cost to the victims? There's no shortage of people that live hand to mouth who would have been negatively impacted by being duped out of that $30.
And just for historical perspective this is a company that signed an agreement with the IRS back in 2002 to provide "Free File" to American tax payers in exchange for the IRS not creating a competing free file platform.[1]. Not only did they fail to honor their agreement but they actively engaged in subverting it. What's the fair price for abusing the public trust? It's not unreasonable to think that some of that $30 was actually used by Intuit to pay lobbyists to ensure those same duped people continued to have no viable free filing option available to them.
[1] https://www.irs.gov/pub/irs-utl/2002-free-online-electronic-...
It was literally just a cost of doing business. They did nothing wrong*
*According to our justice system.
> As part of the agreement, Intuit admitted no wrongdoing
I hate this and I don't understand why the government always agrees to it. Isn't an admission of wrongdoing more valuable than a tiny fine? Why do they always accept this kind of settlement? Isn't it both the right thing to do and better politics to keep the case going until the corporation at least has to admit it broke the law?
1. You’re not sure if you will win.
2. You don’t want to pay the cost of fighting.
If the two sides roughly agree on the likelihood of victory, it makes sense to settle so both can save legal costs. You can multiply the probability of victory by the spoils and make that the settlement amount. The costs and risks of fighting give some more incentive to come to a compromise even when the odds are unclear.
Sometimes settlements do include an admission of wrongdoing. The fact that this one didn’t is a suggestion that TurboTax had some strength in the negotiation. Either the case was not a slam dunk, or the states had some kind of other constraints. Maybe they judged that negotiating for more money was more valuable than an admission of guilt (which is easy to argue, since the consumers harmed will get utility from the money in their bank account).
Taking things to trial is very expensive, and you the taxpayer is paying that cost. The company is probably never going to admit wrongdoing even if found guilty.
Admitting wrongdoing can lead to other cases (because your admission can become evidence), so it’s a much more expensive settlement for the person or company, possibly expensive that it’s not worth settling.
Apparently, as of 2019, this is no longer the case.[0]
0. https://www.propublica.org/article/irs-reforms-free-file-pro...
You are correct that in response to the issue, the IRS cut out the sweetheart deal they'd given the industry originally.
Then when the rest of our electorate looks at it they say "what is this shit dept? it doesn't do anything anyway, let's find a privatized solution".
That was in fact the entire goal of gutting it. That and passing the cost onto you, the citizen in addition to the taxes paid for said defuct department that has a few well paid bureacrats sitting in there finding more ways for it to be shitty at its job.
This is an openly stated conservative talking point and goal. I first noticed it happening in earnest under GW Bush with the EPA, dept of interior, post office, and more.
[0]: https://www.npr.org/sections/money/2019/04/03/709656642/epis...
It's a shame that Republicans have totally dominated California politics since ReadyReturn got vetoed. It's like Texas on the west coast.
But keep playing dems vs repubs game. Many have already seen the realization that its now elitist vs MAGA. Aka elitist trying to control everyone else vs individuals trying to live their lives
If you're below the threshold I think it should be similar to TurboTax & etc, while the Fillable Forms one is the same as the paper forms.
https://www.irs.gov/pub/irs-utl/2002-free-online-electronic-...
I have worked at Intuit, Bangalore for a short time as a contractor and once during a weekly feature demo, a guy joked that "user shouldn't see the obvious way to cancel the payment". There was laughter around. It was a dark pattern but no one cared. They were boasting about being one of the best places to work all the time.
But it was hell. They simply don't give contractors a place to sit and work. You're called 'Mobile'. So you get to sit only where the full time employees don't sit or when they are on leave. It was humiliating and i simply don't understand why they have that as a policy. The manager was talking as if he moved mountains for us a couple of contractors to sit. But it was actually a couple of desks where there was direct sun light and no full time employees would sit because it's so hot and you get sweaty in minutes. I left in a couple of months and didn't even say good bye.
The one thing that's good about land value taxes is (perhaps) that they correlate more with wealth, so politicians who get rich from the state at least have to pay tax for their fancy houses.
https://www.propublica.org/article/inside-turbotax-20-year-f...
Check out 18F / USDS sometime.
But they have an insane number of anti-patterns to get you to pay for it and other products in the way.
One thing that I did not know (too young to be paying close enough attention at the time), but was interesting to me was the backlash from Arthur Andersen collapsing and the resulting loss of jobs as part of the whole Enron scandal. This was at least somewhat blamed on government overreach in going after Enron, even if that wasn't exactly the case, and helped to set the table for quite a slide in standards over time.
[0]https://www.npr.org/2017/07/30/535799735/corporate-bungling-...
Capitalism™: Shut up, it tastes good!?
[Yeah I'm being reductive, just annoyed to watch all this and feel helpless that nothing changes]
If >60% of your income comes from your day job, you're not part of the investor class, you're part of the working class.
So much risk for the owner of the money and tons of upside for all the supply chain servicing them.
You're not technically wrong, but I think a reasonable reading of my comment could see the implication that I was speaking of the individuals who are actively investing and derive their primary income from it.
If some schmuck pulling 50K a year with a passive 1% contribution to his 401K thinks he's the same as Warren Buffet or the guys at Bain, I can't stop him.
Get rid of the income tax and switch to a simple sales tax and most returns would be eliminated
Progressive income taxes aren't what make tax filing a pain.
To turn aside the needy from judgment, and to take away the right from the poor of my people, that widows may be their prey, and that they may rob the fatherless!"
- Isaiah 10:1-2
Seems to me we got an awful lot of that going on these days.
Luke 3:10-11
“‘What should we do then?’ the crowd asked. John answered, ‘Anyone who has two shirts should share with the one who has none, and anyone who has food should do the same.’”
There's a distinct absence of many people willing to either legislate that into law or practice it themselves. Not that I'm advocating for codifying such things into law: this is merely an observation, and an expression of my frustration with those who want to impose their values on others, but only when it's convenient for them.
Turning this into some sort of weird partisan issue seems that you are more interested in scoring points for your side than any real effort to discover truth.
That's $30 each for users who are already onboarded and very likely to use this high-margin product again next year. As customer acquisition strategies go, "outright fraud" is looking pretty good!
Forget the people who signed up from their ad, let’s add up the money the country has collectively spent (wasted) on CPAs, TurboTax, H&R Block, etc due to the complex income tax code Intuit and friends perpetually lobby to maintain.
Intuit is a parasite on our society. Their newest strategy is to force businesses using QuickBooks into software subscriptions because we all know the logical rules for double entry bookkeeping are constantly in flux /s
That’s going to be like $1 per person per year they used the service
>nder the agreement, Intuit will provide restitution to nearly 4.4 million consumers who started using TurboTax’s Free Edition for tax years 2016 through 2018 and were told that they had to pay to file even though they were eligible to file for free using the IRS Free File program offered through TurboTax. Consumers are expected to receive a direct payment of approximately $30 for each year that they were deceived into paying for filing services. Impacted consumers will automatically receive notices and a check by mail.
$30/year per person who shouldn't have paid TurboTax is not nothing.... especially for people who would have qualified for the free filing program. Getting $60 back is a pretty good day for them. That's a days work at minimum wage.
Bit like short-sellers.
Ideally government/state would enforce fair play - but instead it's left to private enterprise (financiers and lawyers) to patrol, for the potentially ridiculous returns that can make for wrong-doing. Makes me think of old "Wanted Posters", just for "Wrongdoers" and the reward being "Ridiculous"
Does also make me wonder how much blackmail goes on, unnoticed. There must be more than a few "reports" that got bought be a company for a large consultancy fee..
If not, they should revoke it.
By all means fine the bejeesus out of Intuit - but do not think for one moment the actual problem wasn't that they managed to lobby their way into that position.
If anybody is interested, I quite like the UK government website - https://www.gov.uk/
It has the appearance that it was knocked up in notepad, but after using it, I have a modicum of respect for how it makes government usable.
I'd wager that the looks have a lot to do with accessibility. Government sites are interesting in that to fill their purpose they're on the far end of the spectrum of website and system accessibility—in that they must be usable for:
1. People who don't have typical eyesight—colorblind, blind, vision with poor focus, issues distinguishing text without a sufficient level of contrast
2. People who don't use keyboards or mice to navigate—this could include folks using screen readers, voice assistants, or more exotic interface devices (think paraplegics using eye-tracking software or tongue switches).
3. People who are not neurotlypical and may struggle to use the website—think dyslexia, anxiety (info-dense walls of text can trigger panic attacks), or individuals who have trouble using computers or the internet.
There's likely a lot more there than I'm personally aware of, but making even a basic service available and usable to a constituency can take a huge amount of effort. The UK gov website guidelines[1] touch on this and I applaud any government or organization that takes these things seriously.
1. https://www.gov.uk/guidance/accessibility-requirements-for-p...
Also the only site where clicking on the "more info" section actually clears up any query I had.
I've no doubt there're endless interactions, a/b testing and all the rest that have enabled them to create something that looks so basic. It's just that's such an unfamiliar pattern to engage with. We all "tut-tut" over "dark design" - but there are very few commercial sites that want you to get in, do your task quickly/accurately - and then leave for a year. e.g. Google prides themselves on you finding what you're looking for quickly - but they want you to come back again.
I'd love for more services to have simpler interfaces. I honestly feel the web in general is over-complicated for most day-to-day tasks. This may just me being grumpy about the volume of poorly implemented single page apps I run into.
"We'd like you to use our website, but we don't take it seriously"
You know the companies, they stick up your renewal quote 20% and hope you'll not notice. You go to their web-site, and there's just an "accept" button. You enter 'web-chat and after 30 mins, they'll knock it down to an 18% increase" Then you phone them and after some endless messages around "have you tried using our website" you can eventually escalate it through a few phone operators around the world to 'on-shore-customer-retention", who'll knock it down to an inflationary 3% increase.
Feel all this could easily be replaced by some 30 min online IQ test - I'd still waste the same time, but at least it would cost them less to retain me.
Or perhaps you did!
Honestly, I love the work the Uk team has done on the digital services. I find them a real pleasure to use. Very clear, consistent and functional. There are a lot of corners they’re yet to get to, but the areas that have been sorted out are great.
Soon for VAT and Income Tax you will need to use "compatible software" from an approved vendor, you won't be allowed to just submit your details through the governments own website anymore. Great stuff.
https://www.gov.uk/guidance/find-software-thats-compatible-w...
https://developer.service.hmrc.gov.uk/api-documentation/docs...
And because of that there's tonnes of approved software, including loads of actually-free services:
https://www.tax.service.gov.uk/making-tax-digital-software
Including GNUCash, where you can register for your own developer key and file away for free - https://github.com/cybermaggedon/gnucash-uk-vat
This seems like exactly the right way for a government to opt out of writing its own web front-ends.
More seriously - and after my knee-jerk has died down, my government actually publishing APIs does seem "pretty-schweet"
A total joke. It would be better to hold a $141,000,000 lottery instead of giving out $30/house.
I wonder why the IRS "Free" version isn't actually free!
I filed my taxes using WealthSimple Tax.
It cost $0.
It took <5 minutes.
I really don't understand why people pay for TurboTax.
On that note. We should be telling everyone about freetaxusa.com (no affiliation other than having tried it). I can't recall the exact cost structure, but it's on the order of $25 to do federal and state returns with investment income, and file both electronically. That's in comparison to what I think is around $100 for the equivalent using TurboTax.
Now you can call it whataboutery but thankfully courts have to reasonably go with what they can prove and not like "whoa, you showed fraudulent ads, here is 128 billion dollar fine equal to your market cap today. Shutdown the company and pay by end of week."
I realize this isn't actually going to happen, but I'd vote for the measure that involved the state seizing Intuit and raiding their software for the benefit of the IRS.
(FWIW, I'm not going to respond to comments on this debating the merits of this non-plan. I get it's an unpopular opinion, especially on a tech-funding backed news board, so I don't need people to tell me why this is a "bad" choice and how it will slippery slope into whatever socialist hellscape personally keeps people up at night. Just wanted it out there that there are absolutely people willing to tear the whole fucking thing down because it's so broken).
Root around in there, plenty of examples of nations taking control of individual companies or entire industries. Feel free to make your own judgements of which were doing it "for the good of the people" vs "to take control of a major income sector in order to enrich a minority of individuals within the government".
Interestingly, someone pointed out the same reason is why these companies get bailed out when they fail.
One question to ponder is how companies like Intuit came into being in first place. Why is doing accounts, filing taxes have to be so detailed and complex that this service is needed by many? If IRS rules and government legislations are published in detail, months/years ahead of enforcement, should a reasonably intelligent person just follow along and file directly without any intermediaries.
After all using third party service is not something mandated by law and not using it would result in fine.
There's reputational damage too. Hopefully more people will avoid TurboTax after this news story.
I'm not sure the false advertising turned out to be a good business decision in the end.
Moving this to a spectrum rather than binary discussion. I'd argue that Canada, and many members of the EU do put pressure on companies to be "polite" so to speak.
For EU, when government put pressure on companies to be polite I need to learn that end result being beneficial to citizens or just politicians and bureaucracy.
However if you report more interest, or wages than they know about they will take your numbers as is - they assume you are reporting under the table income. They will however fix arithmetic errors, and give you credit for things you should have asked for (dependent deductions for example).
There's almost nothing in there that needs me as part of the process, except demographic info.