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UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

PUBLIC

In the Matter of: 

Docket No. 9408 Intuit Inc., a corporation. 

INTUIT INC.’S MOTION IN LIMINE TO EXCLUDE OUTDATED ADVERTISEMENTS 

Intuit respectfully moves to exclude TurboTax advertisements that have no bearing on 

Intuit’s recent or future advertising practices. Ads from Tax Year 2017 or earlier fall outside the 

applicable three-year statute of limitations, and ads predating Tax Year 2019 are otherwise 

irrelevant and immaterial. Apart from the statute of limitations, ads from Tax Years 2014-2018 

have little relation to Intuit’s more recent ads because their content, including visual and audio 

disclosures, differs substantially from the content of Intuit’s recent, current, and future ads. The 

Court should exclude all outdated ads included on Complaint Counsel’s (CC) exhibit list 

identified in Appendix A. 

I. BACKGROUND 

CC’s exhibit list includes many ads from Tax Year 2018 and earlier. Over the last few 

years, however, Intuit has substantially revised its ads as part of changes in the tax law and as 

part of its continued attempts to improve the quality of its advertising. In Tax Year 2019 

(calendar year 2020), for example, Intuit modified the title card in its free television ads to say 

“TurboTax Free Edition” in large font rather than “TurboTax Free.” See, e.g., RX15. And in 

Tax Year 2021, Intuit included voiceovers in its TV ads telling consumers to “[s]ee details at 

TurboTax.com.” See, e.g., RX202. 

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Moreover, shortly after this case was filed, Intuit agreed to a comprehensive consent 

order with the attorney generals of all 50 states and the District of Columbia (the “Consent 

Order”) that mandated additional changes to Intuit’s free ads. See RX399. Specifically, the 

Consent Order—binding on Intuit and enforceable by the chief law-enforcement officer of every 

state as well as by a California court (among others)—prohibits Intuit from running any of the 

challenged ads ever again. Intuit is prohibited from: “publish[ing], or caus[ing] to be published, 

in any medium (1) its ‘free, free, free’ Video Advertisements ... and (2) Video Advertisements 

that are substantially similar in their repetition of the word free.” Id. §III.G. The Consent Order 

also requires that all non-space-constrained ads (i.e., ads without space or time restrictions that 

limit the ability to make disclosures, see id. at 5-6) that appear anywhere other than the 

TurboTax website—including 15- or 30-second TV ads—disclose “the existence and category of 

material limitations” on the offer as well as that “not all taxpayers qualify.” Id. §III.A. It further 

requires all space-constrained video ads to include specific written disclosures, and, if the ads are 

longer than 8 seconds, a verbal disclosure. Id. §III.C. Finally, it mandates that all spaceconstrained non-video ads include a link to the TurboTax website where full eligibility 

disclosure for the free offer is provided. Id. §III.B. 

Despite the significant changes to TurboTax ads, CC appears poised to rely on many ads 

that ran long ago and have no bearing on Intuit’s current or future practices. For example, CC’s 

final exhibit list includes two ads that aired in Tax Years 2014 and 2015. Both ads referred to 

“Absolute Zero”—an offer that allowed consumers to file both their federal and state taxes for 

free for a limited time during the tax year. Intuit has not had that offer since Tax Year 2017, 

over five years ago, and it cannot and will not offer it again now that Free Edition always allows 

consumers to file both their federal and state taxes for free. Those ads also included a written 

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disclosure (“TurboTax Federal Free Edition is for simple U.S. returns only”) that Intuit stopped 

using after Tax Year 2016, when the free TurboTax product name changed from “TurboTax 

Federal Free Edition” to “TurboTax Free Edition.” Compare GX321 (TY14 SuperBowl ad), and 

GX323 (TY15 SuperBowl Ad), with GX324 (TY17 “Fish” Ad). 

CC’s exhibit list also includes video ads from Tax Year 2017 and email ads from Tax 

Years 2015-2017—all ads that are no longer running and will not run again. Like the Super 

Bowl ads above, these ads referred to “Absolute Zero” and contained disclosures that have not 

been used for years. Indeed, the email ads mentioned tax forms (Forms 1040EZ and 1040A) that 

were eliminated after changes to tax laws before Tax Year 2018. See, e.g., GX375 (using the 

disclaimer “Forms 1040EZ and 1040-A”); GX376 (same). The IRS replaced those basic forms 

with current Form 1040 (which had previously covered more complex tax situations), requiring 

Intuit to use different disclosures starting in Tax Year 2018. See, e.g., RX202 (TY21 Auctioneer 

Ad). 

Finally, CC’s exhibit list includes television and email ads, as well as one display ad, 

from Tax Year 2018 that differ significantly from ads that have been running for each of the last 

four years, as Intuit responded to somewhat last-minute changes in the tax code and unveiled a 

new ad campaign. For example, the Tax Year 2018 television ads used a different title card than 

recent ads (“TurboTax Free” versus “TurboTax Free Edition”). Compare, e.g., GX329 (TY18 

Lawyer Ad), with RX202 (TY21 Auctioneer Ad). And although the Tax Year 2018 television 

ads (unlike some earlier ads) included written disclosures in white font on a solid blue 

background at the end of the ad, the disclosure’s color and font were changed starting in Tax 

Year 2019 to make the language more prominent and easier to read. Compare, e.g., GX329, with 

RX202. The Tax Year 2018 email and display ads similarly included disclosures with outdated 

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language and different formatting than more recent communications. For example, a Tax Year 

2018 email ad contained the disclosure “For simple tax returns,” GX379, and a Tax Year 2018 

display ad included “Free Edition product only. For simple U.S. returns. ... See offer details at 

turbotax.com.” at the bottom of the advertisements in dark gray on a light gray background, 

GX334. By contrast, a Tax Year 2021 marketing email contained multiple disclosures stating 

“TurboTax Free Edition, for simple tax returns only” in larger white font on a solid blue 

background, along with a detailed description of Free Edition’s qualifications. See GX477. And 

a Tax Year 2021 display ad prominently stated in black font on a white background that 

“TurboTax is FREE for simple tax returns only.” GX197; see also GX556 (stating in black font 

on a white background “Simple tax returns only”). 

II. ARGUMENT 

Only evidence that is “[r]elevant, material, and reliable” is admissible. 16 C.F.R. 

§3.43(b). And even relevant evidence may be excluded if its probative value is substantially 

outweighed by the danger of unfair prejudice, confusion of the issues, or if the evidence would 

be misleading. Id. Here, many of the advertisements that CC apparently intend to offer as 

evidence ran outside the statute of limitations and are otherwise irrelevant and immaterial 

because they do not reflect Intuit’s current or future advertising. 

A. Advertisements Predating the Three-Year Statute of Limitations Should Be 

Excluded 

In recently denying CC’s summary-decision motion, the Commission did not reject (or 

even reach) Intuit’s statute-of-limitations defense. That defense thus remains in the case, and it 

requires excluding from evidence ads that fall outside the three-year limitations period. 

Although section 5 of the FTC Act does not include an express statute of limitations, “courts ‘do 

not ordinarily assume that [the absence of an explicit statutory limitations period means] 

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Congress intended that there be no time limit on actions at all.’” DelCostello v. Int’l 

Brotherhood of Teamsters, 462 U.S. 151, 159 (1983); see also FTC v. Centro Nat. Corp., No. 

14-23879-CIV, 2014 WL 7525697, at *7-8 (S.D. Fla. Dec. 10, 2014) (noting that the FTC cites 

many cases supporting its argument but that fail to consider DelCostello). Instead, courts 

“borrow” a limitation period from an analogous state law. Id. Here, looking to analogous state 

law dictates a three-year limitation period and logic likewise compels the existence of some limit 

on the FTC’s ability to challenge advertisements that have not run for almost a decade like the 

2014 “super bowl” ad that CC will no doubt play for the Court repeatedly if given the choice. 

In California, where Intuit maintains its principal place of business, the statute of 

limitations for the use of allegedly unfair or deceptive practices in violation of the state’s 

consumer-protection law is three years. See Cal. Civ. Code §1783. A three-year statute of 

limitations also applies to similar statutes in other jurisdictions. See, e.g., D.C. Code §28-3904 

(three-year limitation period under the Consumer Protection Act); N.Y. C.P.L.R. 214(2) (same 

period for false-advertising claims). Even analogous federal law—here, section 19 of the FTC 

Act—imposes a three-year statute of limitations period. See 15 U.S.C. §57b(d). Stated simply, a 

three-year limitation period is appropriate. 

Here, many advertisements on CC’s exhibit list (see Appendix A for the full list) fall 

outside (often well outside) that three-year limitation period, and thus should be excluded. The 

FTC filed its Complaint on March 28, 2022, and before that, Intuit and the FTC entered into a 

tolling agreement beginning January 5, 2022. See Ex. A. As a result, claims based on ads from 

before January 5, 2019, are time-barred—any ads that ran in Tax Year 2017 and before cannot be 

considered. Yet many such ads are on CC’s exhibit list, including: (1) advertisements from Tax 

Years 2014 and 2015, see GX321 and GX323; (2) television ads from Tax Years 2017, see, e.g., 

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GX344-347; and (3) email marketing from Tax Years 2015-2017, see, e.g., GX379; see also 

Appendix A (providing a complete list of ads). Because CC’s claim is limited to the three-year 

period before January 5, 2022, none of the advertisements are relevant or material to that claim. 

See Babin v. Plaquemines Par., No. CV 18-7378-WBV-DMD, 2019 WL 5540245, at *3 (E.D. 

La. Oct. 25, 2019) (excluding evidence from outside the three-year statute of limitations period). 

That is especially true where, as here, the outdated advertisements have not run in recent years 

and cannot run again in the future. See RX399. 

Moreover, none of those ads are relevant to establish facts related to Intuit’s liability. In 

a deceptive-advertising case, the relevant elements are (1) the claims conveyed by the ads, (2) 

whether reasonable consumers were deceived by them, and (3) materiality. See ECM BioFilms, 

Inc., 2015 WL 13021972, at *152 (F.T.C. 2015). The statute of limitations precludes 

considering ads from Tax Year 2017 and earlier for any of those propositions. 

B. Outdated Advertisements Are Irrelevant and Immaterial 

Regardless of the statute of limitations period, years-old ads that were not challenged 

close in time to their running, that differ materially from any ad that has run in recent years, or 

that do not even reflect TurboTax’s current product offerings, are irrelevant and immaterial. See 

16 C.F.R. §3.43(b). CC are seeking a cease-and-desist order—and cease-and-desist orders “are 

not intended to impose criminal punishment or exact compensatory damages for past acts, but to 

prevent illegal practices in the future.” FTC v. Ruberoid Co., 343 U.S. 470, 473 (1952). The 

FTC accordingly has the burden to show that “there exists some cognizable danger of recurrent 

violation.” TRW, Inc. v. FTC, 647 F.2d 942, 954 (9th Cir. 1981) (emphasis altered). 

Here, because the challenged ads from Tax Years 2014-2018 are not reflective of recent 

advertising practices or the danger of future violations, the outdated ads have little, if any, 

probative value and should be excluded. First, Intuit has changed its advertising significantly 

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since Tax Year 2018, including the disclosures that are a focal point of this proceeding. See 

supra pp. 1-4 (describing the changes to advertising content and disclosures). To summarize, the 

email and TV ads from Tax Years 2014-2017 relate to the long-discontinued “Absolute Zero” 

offer. See supra pp. 2-3. And those ads include outdated disclosures that have not been used in 

years—most of which refer to IRS forms (1040EZ and 1040-A) that the IRS eliminated in Tax 

Year 2018 after changes to the tax laws. See, e.g., GX375. Absent further action by Congress, it 

is not even possible for Intuit to use many of the disclosures predating Tax year 2018 again. The 

Tax Year 2018 ads are likewise markedly different from recent TurboTax ads, with the 2018 

television ads using a different title card (stating “TurboTax Free,” whereas recent ads emphasize 

“TurboTax Free Edition”), different disclosure formatting, and a different voiceover than their 

current counterparts, see, e.g., GX329, and the email and display ads using different written 

disclaimers, see, e.g., GX379. As such, the outdated ads do not reflect Intuit’s current practices, 

its recent practices, or even its not-so-recent practices. Cf. Consumers Union of United States, 

Inc. v. Gen. Signal Corp., 724 F.2d 1044, 1052 & n.11 (2d Cir. 1983) (injunctive relief claim 

based on misleading ad moot because defendant “changed the commercial”); Am. Exp. Travel 

Related Servs. Co. v. MasterCard Int’l Inc., 776 F. Supp. 787, 791 (S.D.N.Y. 1991) (“When a 

defendant revises an allegedly infringing commercial and represents that the original commercial 

will not be broadcast in the future, the need for injunctive relief as to the original commercial is 

moot.”). 

Admitting Tax Year 2014 ads would be especially improper because the Complaint does 

not even purport to address alleged misconduct from Tax Year 2014, instead limiting the 

allegations to advertising “since ... 2016.” Compl. ¶21. As a result, it would violate the 

Commission’s rules, the Administrative Procedure Act, and due process to find a violation for 

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conduct not encompassed by the Complaint. See 16 C.F.R. §3.11(b)(2); 5 U.S.C. §554(b) 

(“[p]ersons entitled to notice of an agency hearing shall be timely informed of ... the matters of 

fact and law asserted”); In re Ruffalo, 390 U.S. 544, 551-552 (1968) (holding that “absence of 

fair notice as to ... the precise nature of the charges” deprived party of due process). 

Second, as explained, Intuit entered into a consent order with all 50 states and the District 

of Columbia that prohibits certain types of ads Intuit ran in previous tax years and imposes 

requirements on all of Intuit’s advertisements going forward. See RX399. Those requirements 

mean that Intuit cannot, and it will not, use any of the ads from Tax Years 2014-2018 going 

forward. As such, those ads and others that predate the Consent Order are not relevant to 

whether “there exists some cognizable danger of recurring violation.” TRW, 647 F.2d at 954 

(emphasis omitted). 

Put simply, given the significant changes to Intuit’s ads over the years and the 

requirements imposed by the Consent Order, Intuit’s older ads have no bearing on whether 

Intuit’s recent advertising was deceptive or whether there is danger that Intuit will engage in 

recurrent violations. See TRW, 647 F.2d at 954. Considering those ads would contravene the 

purpose of cease-and-desist orders, which as noted is to “prevent illegal practices in the future,” 

Ruberoid, 343 U.S. at 473. 

CONCLUSION 

The outdated ads identified in Appendix A should be excluded from evidence. 

Dated: February 10, 2023 Respectfully submitted, 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

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Jonathan E. Paikin 

Jennifer Milici 

Derek A. Woodman 

1875 Pennsylvania Ave NW 

Washington, DC 20006 

Telephone: (202) 663-6000 

Facsimile: (202) 663-6363 

Jonathan.Paikin@wilmerhale.com 

Jennifer.Milici@wilmerhale.com 

Derek.Woodman@wilmerhale.com 

/s/ David Z. Gringer 

David Z. Gringer 

7 World Trade Center 

250 Greenwich St. 

New York, NY 10007 

Telephone: (212) 230-8800 

Facsimile: (212) 230-8888 

David.Gringer@wilmerhale.com 

Attorneys for Respondent Intuit Inc. 

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Appendix A 

PUBLIC

Government 

Exhibit (GX) 

Number 

Description Tax Year 

320 2015 Super Bowl ad “Boston Tea Party” (adage.com) Article TY 14 

321 2015 Super Bowl ad “Boston Tea Party” 

(adage.com) 60-second Video (Video) TY 14 

384 Screenshot of adage.com “Tea Party” ad (2022) 

(Shiller Admin Dec. [GX 342] ¶ 22) TY 14 

322 2016 Super Bowl ad “Never A Sellout” (adage.com) Article TY 15 

323 2016 Super Bowl ad “Never A Sellout” 

(adage.com) 30-second Video (Video) TY 15 

385 Screenshot of adage.com “Never a sellout” (2022) 

(Shiller Admin Dec. [GX 342] ¶ 26) TY 15 

388 TY16 Email Absolutely Free (Adamson Depo) TY 16 

389 TY16 Email Absolute Zero (Adamson Depo) TY 16 

390 TY16 Email Refund in Pocket Free (Adamson 

Depo) TY 16 

162 ISpot “Pez Espada” Screenshot (Shiller Admin 

Dec. [GX 342] ¶ 33) TY 17 

324 30-second “Fish” [INTUIT-FFA-FTC-000169116] TY 17 

325 15-second “Fish” ad [INTUIT-FFA-FTC000528212] TY 17 

344 15-second “Guzman” ad (INTUIT-FFA-FTC000528209) TY 17 

345 30-second “Cruise” ad (INTUIT-FFA-FTC000169117) TY 17 

346 15-second “Baby” ad (INTUIT-FFA-FTC000528210) TY 17 

347 45-second “Anthem Launch” ad (INTUIT-FFAFTC-000528211) TY 17 

371 TY17 “File Your Taxes for $0” (Bansal Depo) TY 17 

372 TY17 “User ID Enclosed” Email (Schulte Depo) TY 17 

374 TY17 Email Absolute Zero (Schulte Depo) TY 17 

375 TY17 Email Absolute Zero (Schulte Depo) TY 17 

376 TY17 Email File Free Today (Schulte Depo) TY 17 

668 

1208_GUZMAN_15_01_16_18_540pm.mov 

TY 17 

A-1
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59 TY18/19 “Game Show” advertisement (Video) TY 181 

299 2019 “Credits” Advertisement (Video) TY 18 

300 2020 “Courtroom/Lawyer” Advertisement (Video) TY 18 

326 TY 2018 Crossword Kantar (Video) 

(20577093_TV_Everything is Free_Legalese) TY 18 

327 TY 2018 Big Kick Kantar (Video) 

(20480082_TV_Time to Get Free) TY 18 

328 60-second “Lawyer” ad [INTUIT-FFA-FTC000169120] TY 18 

329 30-second “Lawyer” ad [INTUIT-FFA-FTC000528222] TY 18 

330 30-second “Movie Credits” ad volume 2 [INTUITFFA-FTC-000528226] TY 18 

331 15-second “Movie Credits” ad [INTUIT-FFA-FTC000528225] TY 18 

332 TY 2018 Spelling Bee Kantar (Video) (File Name) TY 18 

334 

“Wieden + Kennedy Keeps the ‘Free’ Going With 

New One-Word TurboTax Ads” 

https://www.adweek.com/agencyspy/wieden- kennedy-keepsthe-free-going-with-new-one-word- turbotax-ads/152797/ 

TY 18 

348 15-second “Court Reporter” ad (INTUIT-FFA-FTC000528219) TY 18 

349 60-second “Big Kick” ad (INTUIT-FFA-FTC000169119) TY 18 

350 30-second “Spelling Bee” ad (INTUIT-FFA-FTC000169122) TY 18 

351 30-second “Spelling Bee” ad (INTUIT-FFA-FTC000528221) TY 18 

356 15-second “Game Show” ad (INTUIT-FFA-FTC- 000528223) TY 18 

373 TY18 “Your W-2 is Now Available. File Free 

Today!” Email (Schulte Depo) TY 18 

377 TY18 Email Free Guaranteed (Schulte Depo) TY 18 

378 TY 18 December Email Free Guaranteed (Schulte 

Depo) TY 18 

379 TY18 Jan Email Free Guaranteed (Schulte Depo) TY 18 

380 TY18 Feb Email Free Guaranteed (Schulte Depo) TY 18 

381 TY18 Email Free Guaranteed (Schulte Depo) TY 18 

1 Complaint Counsel identified several ads as airing in both TY18 and TY19, see GX 59, 326, 330, 331, 332, 348, 

350, 351, 356, but this is incorrect. As explained in the motion, Intuit made several changes to their ads between 

TY18 and TY19. GX 59, 326, 330, 331, 332, 348, 350, 351, 356 are ads that aired in TY 2018 only. 

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387 TY18 Email Free Guaranteed (Adamson Depo) TY 18 

459 Screenshot of article appearing at GX 344 ("Crossword") 

(Shiller Admin Dec. [GX 342] ¶ 77) TY 18 

499 Screenshot of “Spelling Bee” ad from iSpot.tv 

(Shiller Admin Dec. [GX 342] ¶ 53) TY 18 

500 

January 26, 2019 Email re: (2018 Filing 

Information Enclosed) Refund Processing Starts Soon. Details 

Inside. (Derscha Depo) 

TY 18 

669 QTTX12353HFreeGameShow30sHD2019.mp4 TY 18 

670 QTTX12233H_Free_Big_Kick_HD_30_1920x1080 

.mp4 TY 18 

671 QTTX12335H_Free_Spelling_Bee_HD_15_1920x 

1080.mp4 TY 18 

672 QTTX12455H_Free_Crossword_HD_15.mp4 TY 18 

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UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

PUBLIC

In the Matter of: 

Docket No. 9408 Intuit Inc., a corporation. 

STATEMENT PURSUANT TO 

ADDITIONAL PROVISION 4 OF THE SCHEDULING ORDER 

Pursuant to Additional Provision No. 4 of the April 27, 2022 Scheduling Order, as 

adopted in the September 12, 2022 First Revised Scheduling Order, Respondent Intuit Inc. 

respectfully submits this Statement representing that Counsel for Respondent has conferred with 

Complaint Counsel in a good faith effort to resolve the issues raised by this motion. The parties 

corresponded by email on February 8 and 9, 2023, concerning this motion but were unable to 

reach an agreement. 

Dated: February 10, 2023 Respectfully submitted, 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

Jonathan E. Paikin 

Jennifer Milici 

/s/ David Z. Gringer 

David Z. Gringer 

7 World Trade Center 

Derek A. Woodman 250 Greenwich St. 

2001 Pennsylvania Ave NW 

Washington, DC 20037 

Telephone: (202) 663-6000 

Facsimile: (202) 663-6363 

Jonathan.Paikin@wilmerhale.com 

Jennifer.Milici@wilmerhale.com 

Derek.Woodman@wilmerhale.com 

New York, NY 10007 

Telephone: (212) 230-8800 

Facsimile: (212) 230-8888 

David.Gringer@wilmerhale.com 

Attorneys for Respondent Intuit Inc. 
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UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

PUBLIC

In the Matter of: 

Docket No. 9408 Intuit Inc., a corporation. 

[PROPOSED] ORDER GRANTING INTUIT INC.’S MOTION IN LIMINE TO 

EXCLUDE OUTDATED ADVERTISEMENTS 

Upon consideration of Respondent Intuit Inc.’s February 10, 2023 Motion In Limine to 

Exclude Outdated Advertisements, 

IT IS ORDERED that the motion is GRANTED. 

IT IS FURTHER ORDERED that the exhibits identified in Appendix A to the motion are 

excluded from evidence in this proceeding. 

ORDERED: ___________________________ 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: ______________________ 
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UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

PUBLIC

In the Matter of: 

Docket No. 9408 Intuit Inc., a corporation. 

DECLARATION OF DEREK WOODMAN IN SUPPORT OF 

INTUIT’S MOTION IN LIMINE TO EXCLUDE OUTDATED ADVERTISEMENTS 

I, Derek A. Woodman, declare as follows: 

1. I am a counsel at Wilmer Cutler Pickering Hale and Dorr LLP. I represent Intuit 

Inc. in the above-captioned proceeding. 

2. I submit this declaration in support Intuit’s Motion in Limine to Exclude Outdated 

Advertisements. 

I. EVIDENCE CITED IN SUPPORT OF THE MOTION 

3. A true and correct copy of the January 6, 2022 Tolling Agreement entered into by 

Intuit and the Federal Trade Commission is attached as Exhibit A. 

4. True and correct copies of Intuit’s RX15 and 202 are attached. 

5. Intuit’s RX 399 is a compilation of the agreements and consent orders that Intuit 

entered into with the attorney generals of all 50 states and the District of Columbia. A true and 

correct copy of the slip sheet identifying those documents is attached, along with two examples 

of those agreements: (1) the consent order entered into with California, filed in Superior Court of 

the State of California, County of Los Angeles, and (2) the Assurance of Voluntary Compliance 

entered into with New York. 

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II. EVIDENCE SOUGHT TO BE EXCLUDED 

A. OUTDATED ADS FROM TAX YEAR 2014 

6. Provided with the motion are true and correct courtesy copies of Complaint 

Counsel’s GX 320, 321, and 384. 

B. OUTDATED ADS FROM TAX YEAR 2015 

7. Provided with the motion are true and correct courtesy copies of Complaint 

Counsel’s GX 322, 323, and 385. 

C. OUTDATED ADS FROM TAX YEAR 2016 

8. Provided with the motion are true and correct courtesy copies of Complaint 

Counsel’s GX 388, 389, and 390. 

D. OUTDATED ADS FROM TAX YEAR 2017 

9. Provided with the motion are true and correct courtesy copies of Complaint 

Counsel’s GX 162, 324, 325, 344-47, 371-72, 374-76, and 668. 

E. OUTDATED ADS FROM TAX YEAR 2018 

10. Provided with the motion are true and correct courtesy copies of Complaint 

Counsel’s GX 59, 299, 300, 326-32, 334, 348-51, 356, 373, 377-81, 387, 459, 499-500, 669-72. 

I declare under penalty of perjury that the foregoing is true and correct. 

Executed on this 10th day of February, 2023. 

By: /s/ Derek Woodman 

DEREK WOODMAN 

Wilmer Cutler Pickering 

Hale and Dorr LLP 

2100 Pennsylvania Ave NW 

Washington, DC 20037 

Telephone: (202) 663-6000 

Derek.Woodman@wilmerhale.com 

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EXHIBIT A
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TOLLING AGREEMENT

PUBLIC

This Tolling Agreement (“Agreement”) is entered into by the Federal Trade Commission 

(“FTC”) and Intuit Inc.

Definitions 

“Timeliness Defense(s)” includes any defense to liability based on: (a) applicable

statutes of limitations; (b) laches; (c) waiver; (d) estoppel; or (e) any other defense based on the

timeliness of asserted claims.

“Tolling Date” is January 5, 2022.

“Termination Date” is the date defined in Paragraph 3 of this agreement.

Agreement

1. The FTC may allege claims against Intuit Inc. under the Federal Trade

Commission Act (“FTC Act”), 15 U.S.C. §§ 41 et seq., regarding deceptive or unfair acts or 

practices with respect to the marketing or advertising of online tax preparation products. 

(“Potential Claims”). 

2. Intuit Inc. agrees that any Timeliness Defense that it may assert with respect to

any Potential Claim will be tolled from the Tolling Date until the Termination Date and that the

period between the Tolling Date and the Termination Date will not be included in determining 

the validity of any Timeliness Defense that Intuit Inc. may assert to any Potential Claim. 

3. The Termination Date shall be the earliest of the following dates:

(a) the date the FTC files a complaint asserting Potential Claims;

(b) the date the FTC provides written notice to Intuit Inc. that the FTC does 

not intend to bring a complaint asserting any Potential Claims;

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(c) thirty (30) days following written notice from the FTC to Intuit Inc. that

PUBLIC

the FTC has terminated negotiations with Intuit Inc. regarding settlement

of the Potential Claims;

(d) thirty (30) days following written notice from Intuit Inc. to the FTC that

Intuit Inc. has terminated further negotiations with the FTC regarding 

settlement of the Potential Claims; or

(e) February 1, 2022, subject to extension by agreement of the FTC and Intuit

Inc.

4. If Intuit Inc. raises any Timeliness Defense that existed on or before the Tolling 

Date with respect to any Potential Claim, the FTC reserves the right to challenge those defenses.

Nothing in this Agreement shall be construed as an admission by the FTC that any Timeliness 

Defense bars any Potential Claim, whether in whole or in part.

5. Nothing in this Agreement shall be construed as a waiver by Intuit Inc. of its right

to assert any Timeliness Defense or any other defense with respect to any Potential Claim, except

that it may not cite the period from the Tolling Date to the Termination Date in support of any 

Timeliness Defense. At the Termination Date, Intuit will have the same defenses—including 

any Timeliness Defense—available to it as it had on the Tolling Date. 

6. Any written notice by the FTC as set forth in Paragraph 3 of this Agreement shall

be sent by email to David Gringer at David.Gringer@wilmerhale.com. Any written notice by 

Intuit Inc. as set forth in Paragraph 3 of this Agreement shall be sent by email to Lois Greisman 

at LGreisman@ftc.gov. Notice under Paragraph 3 shall be deemed given as of the date that the

email is sent. 

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PUBLIC

7. No provision of this Agreement, nor any right or obligation hereunder, may be

waived, modified, altered, or amended without an instrument in writing signed by all parties or 

their attorneys.

8. All attorneys signing this Agreement represent and warrant that they are

authorized to do so; that this Agreement is a legal, valid, and binding obligation of their 

respective clients; and that any necessary approvals, resolutions, or other necessary authority to 

enter into this Agreement on behalf of their respective clients has been obtained.

9. This Agreement may be executed in any number of counterparts.

10. This Agreement shall be governed by the substantive law of the United States. 

FOR THE FEDERAL TRADE COMMISSION: FOR INTUIT INC.: 

____________________________

Lois C. Greisman, Esq.

Associate Director

Federal Trade Commission

600 Pennsylvania Ave, NW, Mail Stop CC-8525 

Washington, D.C. 20580 

LGreisman@ftc.gov

202-326-3404

Attorney for the Federal Trade Commission

Dated:

___________________________

David Gringer, Esq.

WilmerHale

7 World Trade Center 

250 Greenwich Street

New York, New York 10007 

David.Gringer@wilmerhale.com

212-230-8864

Attorney for Intuit Inc.

Dated:

1-6-2022 1-6-2022

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RX 202 

“Auctioneer” advertisement that aired 

on television during Tax Year 2021 

(Electronic Filename: RX 202 - 5278628.MP4) 
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Respondent Exhibit 

399 

Assurances of Voluntary Compliance 

with the Attorney Generals of the 50 

states and Washington, D.C. 

INTUIT-FTC-PART3-000614004 -

INTUIT-FTC-PART3-000616731 
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CERTIFICATE OF SERVICE 

PUBLIC

I hereby certify that on February 10, 2023, I caused the foregoing document to be filed 

electronically using the FTC’s E-Filing system, which will send notification of such filing to: 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Suite CC-5610 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

The Honorable D. Michael Chappell 

600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 

I further certify that on February 10, 2023, I caused the foregoing document to be served 

via email to: 

Roberto Anguizola 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: ranguizola@ftc.gov 

Tel: (202) 326-3284 

James Evans 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: jevans1@ftc.gov 

Tel: (202) 326-2026 

Counsel Supporting the Complaint 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Suite CC-5610 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

Dated: February 10, 2023 

Rebecca Plett 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: rplett@ftc.gov 

Tel: (202) 326-3664 

Sara Tonnesen 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Email: stonnesen@ftc.gov 

Tel: (202) 326-2879 

The Honorable D. Michael Chappell 

Administrative Law Judge 

600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 

Respectfully submitted, 

/s/ Derek Woodman 

Derek Woodman 

Counsel for Intuit Inc