After you file

Correct. Turbo Tax over-promised on a service they knew they couldn't possibly deliver on a consistent basis . 

This behavior constitutes " constructive knowledge" of intentional fraud on the part of TurboTax.

Sure ,they will refund the 5 days early fee to some customers , but not all the customers they couldn't deliver to. 

The end result will be millions of dollars in record profits for a service Turbo Tax knew was faulty