A federal appeals court overturned an FTC order that restricted Intuit's 'free' TurboTax advertising, ruling the FTC's administrative adjudication process violated constitutional separation of powers. The court cited a recent Supreme Court decision limiting agencies' ability to impose penalties without jury trials. This allows Intuit to continue its advertising while potentially forcing the FTC to pursue such cases in federal court instead.
Background
The FTC under Chair Lina Khan had taken aggressive action against allegedly deceptive 'free' claims in advertising, particularly targeting companies like Intuit whose 'free' services often had significant limitations. This case intersects with broader legal debates about federal agencies' enforcement powers.
- Source
- Ars Technica
- Published
- Mar 24, 2026 at 03:05 AM
- Score
- 5.0 / 10