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NEWS BRIEFS

By ALM Staff | Law Journal Newsletters |
September 16, 2003

LIBERTY TAX SERVICE NIPS AT H&R BLOCK'S HEELS

Liberty Tax Service, a Virginia Beach, VA, franchisor of tax-preparation services, continues to challenge the advertising practices of H&R Block, the largest provider of tax services in the U.S. Liberty has about 900 franchisees, making it the nation's third-largest franchisor of tax-preparation businesses, while H&R Block has more than 9000 offices (of which about half are franchises).

On Feb. 12, 2003, Liberty went to Fourth Circuit Court of Appeals Judge Raymond Jackson a second time to ask that H&R Block be held in contempt of court for violating the judge's injunction against H&R Block's advertising program. That injunction dates to May 2000, when Liberty won a false advertising case against H&R Block in which it alleged that H&R Block misrepresented refund anticipation loans as a 'refund,' 'refund amount,' and 'check in the amount of your refund.' Both the federal judge who heard that case and the Fourth Circuit Court of Appeals ruled that H&R Block had made those misrepresentations willfully, maliciously, and in violation of IRS regulations.

H&R Block paid more than $800,000 in total damages, costs, and fees to Liberty. Furthermore, H&R Block was put under a permanent nationwide injunction to never again advertise loans in print ads without 'clearly and prominently' disclosing that refund anticipation loans are actually bank loans.

'The judge wasn't fooled by H&R Block's arguments in 2000, and its latest ads have been even worse,' said Martha O'Gorman, public relations manager for Liberty. Judge Jackson had not ruled on Liberty's latest claim as of this newsletter's press time. H&R Block, Jackson Hewitt, and Liberty are locked in a fierce battle for low-cost tax preparation.

Liberty's founder and CEO, John T. Hewitt, began his career at H&R Block and then created Jackson Hewitt, the nation's second-largest tax-preparation firm, before selling it in 1996. When his non-compete clause expired in 1999, he and other Jackson Hewitt executives bought a small tax-preparation company, renamed it Liberty Tax Service, and began an aggressive growth campaign.

LIBERTY TAX SERVICE NIPS AT H&R BLOCK'S HEELS

Liberty Tax Service, a Virginia Beach, VA, franchisor of tax-preparation services, continues to challenge the advertising practices of H&R Block, the largest provider of tax services in the U.S. Liberty has about 900 franchisees, making it the nation's third-largest franchisor of tax-preparation businesses, while H&R Block has more than 9000 offices (of which about half are franchises).

On Feb. 12, 2003, Liberty went to Fourth Circuit Court of Appeals Judge Raymond Jackson a second time to ask that H&R Block be held in contempt of court for violating the judge's injunction against H&R Block's advertising program. That injunction dates to May 2000, when Liberty won a false advertising case against H&R Block in which it alleged that H&R Block misrepresented refund anticipation loans as a 'refund,' 'refund amount,' and 'check in the amount of your refund.' Both the federal judge who heard that case and the Fourth Circuit Court of Appeals ruled that H&R Block had made those misrepresentations willfully, maliciously, and in violation of IRS regulations.

H&R Block paid more than $800,000 in total damages, costs, and fees to Liberty. Furthermore, H&R Block was put under a permanent nationwide injunction to never again advertise loans in print ads without 'clearly and prominently' disclosing that refund anticipation loans are actually bank loans.

'The judge wasn't fooled by H&R Block's arguments in 2000, and its latest ads have been even worse,' said Martha O'Gorman, public relations manager for Liberty. Judge Jackson had not ruled on Liberty's latest claim as of this newsletter's press time. H&R Block, Jackson Hewitt, and Liberty are locked in a fierce battle for low-cost tax preparation.

Liberty's founder and CEO, John T. Hewitt, began his career at H&R Block and then created Jackson Hewitt, the nation's second-largest tax-preparation firm, before selling it in 1996. When his non-compete clause expired in 1999, he and other Jackson Hewitt executives bought a small tax-preparation company, renamed it Liberty Tax Service, and began an aggressive growth campaign.

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