The Federal Trade Commission is suing TurboTax maker Intuit saying its ads for “free” tax filing misled consumers.

The consumer protection agency said Tuesday that millions of consumers cannot actually use the free tax-prep software option or about two-thirds of tax filers in 2020.

They are ineligible if they are gig workers or earn farm income, for example.

The F.T.C.  has asked a Northern California court to halt what they've characterized as a “bait-and-switch" to protect taxpayers at the peak of filing season.

Intuit says it has already puled the contested ads from T.V. but said it will fight the suit.

Intuit also faces similar litigation in California from Los Angeles and Santa Clara Counties.