FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/23/2022 | DOCUMENT NO. 605670 | Page 1 of 3 | PUBLIC

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Noah Joshua Phillips 

Rebecca Kelly Slaughter 

Christine S. Wilson 

Alvaro M. Bedoya 

In the Matter of: 

Docket No. 9408 Intuit Inc., a corporation. 

RESPONDENT INTUIT INC.’S SUPPLEMENTAL RESPONSE TO COMPLAINT 

COUNSEL’S STATEMENT OF MATERIAL FACTS AS TO WHICH 

THERE IS NO GENUINE ISSUE FOR TRIAL 

Pursuant to Rule 3.24 of the Commission’s Rules of Practice, on August 30, 2022, 

Respondent Intuit Inc. submitted, in support of its opposition to Complaint Counsel’s motion for 

Summary Decision, responses to Complaint Counsel’s statement of material facts. In response to 

developments in the evidentiary record in this proceeding, Intuit submits this supplemental 

response with respect to Complaint Counsel’s Statement of Material Fact No. 132. 

Specific Response and Objections 

132. Consumer Sentinel Network ("Sentinel"), the FTC’s consumer complaint database, 

had received 571 consumer complaints about "free" TurboTax between January 1, 2016, and 

March 28, 2022. (Shiller Dec. ¶ 220; GX 338 & 339.) Of these complaints, 60 were filed between 

November 1, 2021, and March 28, 2022. (Shiller Dec. ¶ 221) Of the 60 complaints, (a) 57 were 

from consumers who thought they were filing for free with TurboTax, (b) 27 mentioned that the 

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consumers saw advertising indicating their tax filing would be free, and (c) 55 were from 

consumers who paid TurboTax when they thought their tax filing would be free. (Id.) 

Supplemental Response to SOF ¶ 132: Disputed. Intuit disputes Paragraph 132 because, 

since filing their Motion for Summary Decision and Statement of Material Facts as to Which There 

Is No Genuine Issue for Trial, Complaint Counsel have recognized that at least two-thirds of the 

571 complaints originally identified as being “about ‘free’ TurboTax” are not. In response to 

concerns raised by Intuit, on September 14, 2022, Complaint Counsel served on Intuit revised 

initial disclosures that removed 344 of the complaints originally included in the set of 571 offered 

in support of Paragraph 132. As a result, it is simply not the case that Intuit received 571 consumer 

complaints about “free” TurboTax. Similarly, many of the 57 complaints identified as potentially 

relevant in Ms. Shiller’s declaration likely are no longer relevant to this proceeding—although it 

is impossible to assess whether those complaints are still part of this case because Complaint 

Counsel never identified those specific complaints. Given that Complaint Counsel have conceded 

that most of the complaints identified in Paragraph 132 are no longer relevant to this proceeding, 

Complaint Counsel have failed to establish the facts set forth in Paragraph 132, and summary 

decision should be denied as a result. 

Further, Intuit disputes Paragraph 132 for all the reasons previously stated in its Statement 

of Material Facts as to Which There Exists a Genuine Issue for Trial, submitted on August 30, 

2022. 

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CERTIFICATE OF SERVICE 

I certify that on September 23, 2022 I caused the foregoing document to be served via 

email to: 

Roberto Anguizola Rebecca Plett 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

Email: ranguizola@ftc.gov Email: rplett@ftc.gov 

Tel: (202) 326-3284 Tel: (202) 326-3664 

James Evans 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: jevans1@ftc.gov 

Tel: (202) 326-2026 

Counsel Supporting the Complaint 

Dated: September 23, 2022 Respectfully submitted, 

/s/ Phoebe Silos 

Phoebe Silos 

Counsel for Intuit Inc. 

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