Steven Cohen  |  October 1, 2019

Category: Legal News

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H&R BlockA class action lawsuit has been filed against H&R Block by a customer who alleges that the company redirects low-income taxpayers who are entitled to a free tax program to their fee-based tax filing products.

Plaintiff Aaricka Swanson says she paid for H&R Block’s online tax filing software in order to file her tax returns, despite the fact that she was qualified for the IRS Free File Program. 

The plaintiff states that she was charged $64.94 to file her taxes though H&R Block’s software.  

Specifically, Swanson says she was charged $29.99 for a “federal return” and $34.95 for a “Refund Transfer Fee.” The plaintiff alleges that H&R Block should not have charged her anything because her adjusted gross income was under $66,000.

“Had H&R Block not misrepresented the nature of its tax preparation and e-filing services and informed Plaintiff Swanson of the existence of and her eligibility to use the Free File software, she would not have agreed to purchase H&R Block’s software,” the H&R Block class action lawsuit claims.

The plaintiff also states that she believed her only option was to use the paid software and that if H&R Block made the free tax filing program accessible, she would have opted to use it over the paid version.

The H&R Block class action lawsuit claims that, under an agreement with Free File Inc. and the IRS, H&R Block and other tax companies must offer 70 percent of United States taxpayers (currently, those with an Adjusted Gross Income of $66,000 or less) the chance to file their taxes at no cost.

The plaintiff alleges that H&R Block and other online-tax preparation companies created the entity Free File Inc., which was formed to work with the IRS to provide free electronic filing services for those who qualify.

The H&R Block class action lawsuit states that the agreement between the IRS and Free File was created so that the IRS would not have to start their own free-filing software.

“H&R Block, however, has been luring customers into paying for a service that it promised the government and consumers it would give away for free,” the plaintiff claims.

Swanson notes that H&R Block breached its contract with the IRS by hiding access to the Free File Program and redirecting taxpayers who qualify to the fee-based products. The plaintiff claims that H&R Block advertised one of its products under the name “Free Online” which led many taxpayers into believing that they were filing their taxes under the Free File Program.  

The plaintiff alleges that she was then hit with charges after spending a long time entering information and preparing to file her tax return.

“After luring lower-income consumers to begin preparing their returns with the ‘Free Online’ software (which is not actually free for most taxpayers), H&R Block then manipulates consumers into paying for product upgrades and upsells,” the H&R Block class action lawsuit claims.

The plaintiff says that because of their conduct, H&R Block has made millions of dollars in “ill-gotten gains from persons who can least afford it.”

Did you qualify for H&R Block’s Free File Program only to be charged for preparing your tax return?  Leave a message in the comments section below.

The plaintiff is represented by Eric D. Barton and Sarah A. Ruane of Wagstaff & Cartmell LLP and Yitzchak Kopel and Andrew Obergfell of Bursor & Fisher PA.

The H&R Block Free Filing Class Action Lawsuit is Swanson v. H&R Block Inc., et al., Case No. 4:19-cv-00788, in the U.S. District Court for the Western District of Missouri.

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729 thoughts onH&R Block Class Action Says Free Tax Filing Option Hidden

  1. Alexandria Brown says:

    I was charged to file even though I qualify for free filing also.

  2. Bruce Justice says:

    Yes I now know that I qualified for the file free tax and was not told about it.

  3. Lisa A Moran says:

    I have always paid! I am a single mother who claimed 3 and now I claim 2 and I make less than $20,000 a year. I thought I had to pay because of the income credit for my children, dependents.

  4. DeLise Temple says:

    They did not advise me of this service when I filed in their office for my 2016 tax year.
    I am residing abroad in Europe and the same representative from my 2016 filing agreed to file my taxes for me for the 2018 tax year and Has Failed to due so. I have our email correspondences. What can I do?

  5. Anthony Smith says:

    Was told we were not eligible for the free filing in office because we were claiming a child and we were well below the 60k. This last time we were charged approx 300. To hit a button that claimed a dependent. But advertise free filing.

    1. Lisa Moran says:

      I am a single mom and have not made any where near $66,000 and have been charged EVERY TIME I’ve used H&R Block. Just last year i was charged and planed on using them again. No one ever made me aware of that option. I thought I had to pay like everyone else. I paid to have them done by someone in the office and was never made aware I could do them myself or have them done by an H&R Block accountant for free. I paid ALOT.

  6. Karletta McPherson says:

    I’ve been paying for my taxes as well for years.

  7. Jess says:

    Have been going g to H&R for 20+ yrs and have always paid. I make under 50000

  8. Tracy Blue says:

    I paid for them todo ours then got billed by mail for doing them when that was the reason we had them do them supposed to be free

  9. Tamera Miller says:

    I’ve been paying for years, but qualify for free.

  10. Angionette Ricketts says:

    I’ve paid to file my State and, federal government taxes for the last three years. I would be considered as a low-income family.

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