FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 2/10/2023 | DOCUMENT NO. 606896 | Page 1 of 8 | PUBLIC

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UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the matter of: 

Intuit Inc., a corporation, 

Respondent. 

Docket No. 9408 

COMPLAINT COUNSEL’S MOTION FOR IN CAMERA TREATMENT 

OF SENSITIVE PERSONAL AND FINANCIAL INFORMATION 

This case is about Respondent Intuit’s deceptive advertising of TurboTax. 

TurboTax is a commonly-used online tax preparation service that enables users to 

prepare and file their income tax returns. Compl. ¶ 4; Answer ¶ 4. Inherently, then, the 

TurboTax user experience involves consumers inputting their sensitive personal and 

financial information into TurboTax to complete their taxes. When complaining to the 

FTC about TurboTax and/or providing discovery in this matter, some consumers have 

disclosed certain sensitive personal and financial information. Because “[t]he personal 

privacy interests of consumers did not disappear when they complained to the FTC,” 

Lakin Law Firm, P.C. v. FTC, 352 F.3d 1122, 1124 (7th Cir. 2003), Complaint Counsel 

hereby moves for permanent in camera treatment of such information. 

Standard. Under FTC Rule 3.45(b), the Court shall order that material be 

accorded permanent in camera treatment if the material constitutes “sensitive personal 

information.” 16 C.F.R. § 3.45(b). “Sensitive personal information” includes, but is not 

limited to, “an individual’s Social Security number, taxpayer identification number, 

financial account number, credit card or debit card number, driver’s license number, 

state issued identification number, passport number, date of birth (other than year), and 

any sensitive health information identifiable by individual, such as an individual’s 

medical records.” Id. In addition to the listed categories of information, this Court has 

previously found that even individuals’ names and addresses, among other 

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information, can constitute sensitive personal information. See, e.g., In re LabMD, Inc., 

2014 WL 2331029, at *1 (F.T.C. May 6, 2014).0F

1 In addition to protecting sensitive 

personal information, this Court may “make any other order which justice requires to 

protect a party or other person from annoyance, embarrassment, oppression, or undue 

burden or expense.” 16 C.P.R.§ 3.31(d). 

Sensitive personal and financial information in this matter. Complaint Counsel 

seek permanent in camera treatment for the following categories of sensitive personal 

and financial information of consumers who have complained about TurboTax and/or 

who provided discovery in this matter: (1) phone numbers, (2) addresses, (3) email 

addresses; (4) financial account numbers, (5) credit card or debit card numbers, 

(6) financial transaction numbers, (7) tax identification numbers (including Social 

Security Numbers), and (8) dates of birth. The Court has granted in camera protection 

to such information in other cases. See, e.g., In re Jerk, LLC, 2015 WL 926508, at *3–5 

(F.T.C. Feb. 23, 2015); LabMD, 2014 WL 2331029, at *1. 

To protect this information, Complaint Counsel seeks in camera treatment for 

these categories of sensitive personal and financial information for any material to be 

introduced into the evidentiary record. In particular, Complaint Counsel seeks in 

camera treatment for the entirety of the following exhibits, which contain significant 

amounts of sensitive information—indeed there is little else in many of these exhibits: 

Exhibit 

Number Description Volume of Material 

GX 502 Sentinel Complaints (January 1, 2016 to March 28, 

2022) 

571 records 

2,298 pages 

GX 503 Sentinel Complaints (January 1, 2016 to March 28, 

2022 - supplemental narratives) 

4 records 

9 pages 

GX 504 Sentinel Complaints (March 29, 2022 to August 31, 

2022) 

168 records 

673 pages 

RX 231 Email from Sean Duddy re: Intuit Customers,

dated April 26, 2021—Attachment only 

227 records 

19 pages 

1 Federal courts also require litigants to redact personal data identifiers from public

filings. See, e.g., Fed. R. Civ. P. 5.2(a). 

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Exhibit 

Number Description Volume of Material 

RX 256 

Spreadsheet entitled “CONFIDENTIAL - CC 

Revised Sentinel Consumer Contact List,” dated 

September 14, 2022 

161 records 

12 pages 

RX 264 

Complaint Counsel Supplemental Responses to

Intuit's First Set of Interrogatories, served

November 10, 2022—Attachment A only 

396 records 

160 pages 

RX 266 Handwritten Notes of Diana Shiller 79 pages 

RX 269 Spreadsheet entitled “2022-03-17_TurboTax 2016- March 17, 2022_COPY” 

2,136 records 

806 pages 

RX 277 

CONFIDENTIAL Complaint Counsel Reply to

Intuit’s Supplemental Response to Statement of

Material Facts, served on September 29, 2022—

Attachment A only 

571 records 

354 pages 

RX 278 Spreadsheet - Diana Shiller Call Log – F01-TUT00069090 

172 records 

18 pages 

RX 279 Spreadsheet - Diana Shiller Call Log – F01-TUT00068643 

18 records 

3 pages 

RX 280 Spreadsheet - Diana Shiller Call Log – F01-TUT00069124 

32 records 

4 pages 

RX 357 

Complaint Counsel Supplemental Responses to

Intuit's First and Second Set of Interrogatories,

served December 22, 2022—Attachment A only 

396 records 

308 pages 

In the case of these thirteen exhibits, due to the volume of material, the number of 

consumer records, and the sensitivity of the information contained therein, redaction 

would not be practical. 

Authority. Courts have traditionally accorded strong protection against public 

disclosure of information voluntarily provided by witnesses and informants. See 

Forrester v. United States Dep‘t of Labor, 433 F. Supp. 987, 989 (S.D.N.Y. 1977) (recognizing 

that ‘‘public policy requires that individuals may furnish investigative information to 

the government with complete candor and without the understandable tendency to 

hedge or withhold information out of fear that their names and the information they 

provide will later be open to public view”) (citing cases). Similarly, the Commission’s 

strong interest in protecting the personal information of consumer complainants has 

been widely recognized by this Court and federal courts. See, e.g., Jerk, 2015 WL 926508, 

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at *3–5 (granting in camera treatment to consumer information including names, phone 

numbers, addresses, email addresses, etc.); Lakin Law Firm, 352 F.3d at 1124; Carter, 

Fullerton & Hayes LLC v. FTC, 520 F. Supp. 2d 134, 144–45 (D.D.C. 2007) (upholding the 

FTC’s decision to withhold from public review the names, addresses, and telephone 

numbers of consumers who complained to the FTC). 

Personally identifying information in consumers’ complaints submitted to the 

FTC have received protection from disclosure in light of the “substantial privacy 

interest of protecting victims ... from abuse, harassment, and embarrassment given the 

very real risk of their being identified.” Ayuda, Inc. v. FTC, 70 F. Supp. 3d 247, 266 

(D.D.C. 2014) (shielding from release under FOIA “personal identifying information in 

the form of names, addresses, telephone numbers, and email addresses” of 

complainants in the FTC’s Consumer Sentinel database). The court in Ayuda cautioned 

that “[i]f an individual is identified through his or her personal information, the release 

of such information may result in ... potential embarrassment and harassment.” Id. 

Regarding sensitive financial information, Rule 3.45 identifies dates of birth, 

financial account, tax identification, and credit card or debit card numbers as sensitive 

personal information. See also, e.g., True the Vote v. Hosemann, No. 3:14-cv-532, 2014 WL 

4273332, at *25-26 (S.D. Miss. Aug. 29, 2014) (recognizing, in light of growing concerns 

of identity theft, the threat posed by combining pieces of personal information to obtain 

“a host of other highly personal information about an individual, particularly in this 

day of computers with vast searching powers”). Absent this litigation, this information 

would not ordinarily be released in the public domain. Nor would in camera treatment 

of this information undermine the full and fair resolution of this case. Complaint 

Counsel therefore requests permanent in camera treatment for any sensitive personal 

financial information disclosed in this matter. 

Conclusion. Recognizing this Court’s preference against adjudicating piecemeal 

requests for in camera treatment, see In re McWane, Trial Tr. at 2235:6-8 (Sept. 14, 2012), 

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Complaint Counsel request that the Court grant in camera treatment to the requested 

categories of personal sensitive information for any material to be introduced into the 

evidentiary record in this matter, including the entirety of the thirteen exhibits listed 

above which contain voluminous sensitive information. 

Respectfully submitted, 

Dated: February 10, 2023 /s/ James Evans 

Roberto Anguizola, IL Bar No. 6270874 

Rebecca Plett, VA Bar No. 90988 

James Evans, VA Bar No. 83866 

Sara Tonnesen, MD Bar No. 1312190241 

Federal Trade Commission 

600 Pennsylvania Ave., NW, CC-6316 

Washington, DC 20580 

(202) 326-3284 / ranguizola@ftc.gov 

(202) 326-3664 / rplett@ftc.gov 

(202) 326-2026 / james.evans@ftc.gov 

(202) 326-2879 / stonnesen@ftc.gov 

Counsel Supporting the Complaint

Federal Trade Commission 

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UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the matter of: 

Intuit Inc., a corporation, 

Respondent. 

Docket No. 9408 

[Proposed] ORDER GRANTING COMPLAINT COUNSEL’S

MOTION FOR IN CAMERA TREATMENT OF SENSITIVE 

PERSONAL AND FINANCIAL INFORMATION 

Complaint Counsel for the Federal Trade Commission (“FTC”) filed a Motion for 

In Camera Treatment of Sensitive Personal and Financial Information (“Motion”). 

Having fully considered all arguments in the Motion and Opposition, Complaint 

Counsel’s Motion is GRANTED. 

It is hereby ORDERED that the following sensitive consumer information is 

granted in camera treatment in this matter: (1) phone numbers, (2) addresses, (3) email 

addresses; (4) financial account numbers, (5) credit card or debit card numbers, 

(6) financial transaction numbers, (7) tax identification numbers (including Social 

Security Numbers), and (8) dates of birth. Unless otherwise ordered by the court, such 

sensitive consumer information should not be placed on the public record. If it is 

necessary to present or file a document that already contains such information, the 

sensitive consumer information should be “blacked out” or redacted before the 

document is presented in open court or a public version is submitted for filing. 

It is further ORDERED that the following thirteen exhibits are granted in camera 

treatment in their entirety: GX 502, GX 503, GX 504, RX 231 (the attachment only), 

RX 256, RX 264 (Attachment A only), RX 266, RX 269, RX 277 (Attachment A only), 

RX 278, RX 279, RX 280, and RX 357 (Attachment A only). 

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Dated: _____________ 

D. Michael Chappell

Chief Administrative Law Judge 

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CERTIFICATE OF SERVICE 

I hereby certify that on February 10, 2023, I electronically filed the foregoing 

Complaint Counsel’s Motion for In Camera Treatment electronically using the FTC’s EFiling system, and I caused the foregoing document to be sent via email to: 

April Tabor

Office of the Secretary

Federal Trade Commission 

600 Pennsylvania Avenue, NW

Suite CC-5610 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

Secretary of the Commission

Clerk of the Court 

Hon. D. Michael Chappell

Chief Administrative Law Judge

Federal Trade Commission 

600 Pennsylvania Avenue, NW

Suite H-110 

Washington, DC 20580 

Administrative Law Judge 

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

served via email on: 

David Z. Gringer

Phoebe Silos 

Charles Bridge

Wilmer Cutler Pickering Hale & Dorr LLP

7 World Trade Center 

250 Greenwich Street 

New York, NY 10007 

David.Gringer@wilmerhale.com

Phoebe.Silos@wilmerhale.com 

Charles.Bridge@wilmerhale.com

(212) 230-8800 

Shelby Martin

Wilmer Cutler Pickering Hale & Dorr LLP

1225 Seventeenth Street, Suite 2600 

Denver, CO 80202 

Shelby.Martin@wilmerhale.com

(720) 274-3135 

Katherine Mackey

Wilmer Cutler Pickering Hale & Dorr LLP

60 State Street 

Boston, MA 02109 

Katherine.Mackey@wilmerhale.com

(617) 526-6000 

Jonathan E. Paikin 

Jennifer Milici 

Derek A. Woodman 

Vinecia Perkins 

Andres Salinas 

Spencer Todd

Jocelyn Berteaud

Benjamin Chapin

Margaret (Molly) Dillaway

Reade Jacob 

Wilmer Cutler Pickering Hale & Dorr LLP

1875 Pennsylvania Avenue NW Washington, DC 20006 

Jonathan.Paikin@wilmerhale.com 

Jennifer.Milici@wilmerhale.com 

Derek.Woodman@wilmerhale.com 

Vinecia.Perkins@wilmerhale.com 

Andres.Salinas@wilmerhale.com 

Spencer.Todd@wilmerhale.com

Joss.Berteaud@wilmerhale.com 

Benjamin.Chapin@wilmerhale.com

Molly.Dillaway@wilmerhale.com

Reade.Jacob@wilmerhale.com 

(202) 663-6000 

Attorneys for Respondent, Intuit Inc. 

/s/ James Evans 

James Evans 

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