How are you still false advertising free service

Turbo tax is advertising the service as free if you did not use TurboTax last year and try the mobile app this year. 

 

After going through the whole process, the free price changed to $88. I contacted support, first person had to escalate the case. Second agent was beyond rude and unwilling to hep at all or even look into the issue.

 

Didn't the FCC ruling just get upheld that stated TurboTax cannot lie about the free service anymore?