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Illinois State Museum to Host the Mobile Museum of Tolerance

3 years 2 months ago
SPRINGFIELD — The Illinois State Museum (ISM) hosted the Mobile Museum of Tolerance (MMOT) on Wednesday, February 23, 2022, from 10 a.m. to 3:30 p.m. directly in front of its building at 502 South Spring Street, Springfield, Illinois. Developed in collaboration with the Midwest office of the Simon Wiesenthal Center and the Illinois State Board of Education, the Mobile Museum of Tolerance is a free, traveling museum and classroom. Led by an Illinois licensed educator, it aims to inspire people to use their voices to speak up against anti-Semitism, bullying, racism, intolerance, and hate. The Illinois State Museum invited the public to visit the Mobile Museum of Tolerance throughout the day to engage in dialogue and participate in immersive experiences. In celebration of Black History Month, the content focused on the actions of Black activists during the Civil Rights Movement. Visitors engaged in conversations about racism, discrimination, and strategies for taking action. The

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1st MidAmerica Credit Union Scholarship Applications Available

3 years 2 months ago
BETHALTO — 1st MidAmerica Credit Union will award five $1,000 scholarships to area high school seniors in May. Applications are available at any 1st MidAmerica Credit Union branch location, in area high school guidance departments, or online at www.1stMidAmerica.org . Applications are due Thursday, March 31, 2022. Over 62 area youth have benefited from the 1st MidAmerica Credit Union scholarships, which were introduced in 2005. Scholarships may be applied to tuition, fees, or other educational expenses. 1st MidAmerica Credit Union has a mission of exceeding member expectations. Additional information can be found at www.1stMidAmerica.org .

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Pritzker Administration Announces Up To $30,000 In Housing Relief Per Eligible Homeowners

3 years 2 months ago
CHICAGO – Building on Illinois’ COVID-19 emergency housing assistance response, the Illinois Housing Development Authority (IHDA) announced today applications for homeowners financially impacted by the pandemic will be accepted beginning in April through the Illinois Emergency Homeowner Assistance Fund (ILHAF) program. ILHAF will provide up to $30,000 in free assistance per homeowner paid directly to the servicer, taxing body or other approved entity on behalf of Illinois homeowners impacted by COVID-19 to prevent mortgage delinquencies, defaults and foreclosures to keep families safe and secure while they regain their financial footing. Program information and updates can be found at illinoishousinghelp.org . “My administration worked more quickly than any other state in the country to distribute over $1 billion to prevent renters and homeowners from losing their housing in the pandemic, and this next phase will provide hundreds of millions more in 2022,” said

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Caritas Family Solutions Moves Up In Rankings Of Largest Nonprofits

3 years 2 months ago
BELLEVILLE - Caritas Family Solutions has moved up in the rankings of the largest nonprofits in the St. Louis region. The rankings were published in a St. Louis Business Journal report based on the 2021 fiscal year operating budget. The report shows Caritas Family Solutions’ moved from the 19 th largest in 2020, to 16th on the list of the largest nonprofits in the St. Louis region with an annual operating budget of $39.7 million. Caritas Family Solutions CEO Gary Huelsmann said he is proud of the work their organization does to help families and children across Southern Illinois and the Metro East area. The agency currently serves more than 6,500 people including 1,700 foster children, throughout the Southern Illinois region. "We have been consistently moving in the ranks and it is a reflection of the dedication and hard work of our staff and board,” said Huelsmann. “As a human service organization, we are always aiming to help the needs that we see in our communities.

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Golfer Grace Daech Accomplishes Dream - Signs Letter Of Intent To Georgia School, Is iCAN Clinic Female Athlete Of Month For EHS

3 years 2 months ago
EDWARDSVILLE - Senior Grace Daech has been a core of the Edwardsville High School girls golf team in her four years and for next season has decided to take her talents to Oglethorpe University near Atlanta, Ga., on an athletic scholarship. At a recent signing at EHS, packed with family and friends, she signed her official letter of intent. She is an iCAN Clinic Edwardsville Female Athlete of the Month for her athletic efforts at EHS. “I am so thankful for the opportunity to play golf in college,” she said. “I have so much I look forward to and improving. I have been the core of the team here and have loved my experience at Edwardsville and with Coach Koonce. A lot of people don’t have the team environment we have here.” “I had Grace in seventh grade and all four years for the varsity girls golf team at Edwardsville High School,” Edwardsville head girls golf coach Libby Koonce said. “She has made this happen through hard work and determination.

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Belt Plan To Provide Tax Credit For Volunteer Firefighters And EMS Personnel Passes Senate

3 years 2 months ago
SPRINGFIELD – A measure spearheaded by State Senator Christopher Belt (D-Swansea) that would help recruit more volunteer firefighters and EMS personnel by providing an income tax credit passed the Senate Wednesday. “Many communities rely on volunteer fire departments when they are in a crisis,” Belt said. “These fire departments across Illinois are struggling with a shortage of firefighters and EMS personnel volunteers.” Senate Bill 3027 would provide a $500 income tax credit for volunteer firefighters and EMS personnel who are a member or work for a fire department or fire protection district for at least nine months and do not receive more than $10,000 for their volunteer services during the taxable year. Current law does not provide a tax credit. Other states that offer a similar credit include New York, Iowa and Maryland. The proposed tax credit cannot reduce a taxpayer’s liability to less than zero. If the proposed tax credit exceeds the

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Lunchtime Photo

3 years 2 months ago
I don't know what kind of tree this is, but the red leaves were pretty so I took a picture of them. Anybody want to help ID this bit of Louisiana swamp flora?
Kevin Drum

Bunge finalizes agreement for $600M joint venture with energy giant

3 years 2 months ago
The joint venture is to involve Chevron investing $600 million into a pair of Bunge facilities that process oil from soybeans. The idea would be to double the facilities’ current production of 7,000 tons daily by the end of 2024, and use the oil as a renewable feedstock to make low-carbon diesel or jet fuel.
Nathan Rubbelke

TurboTax Maker Intuit Faces Tens of Millions in Fees in a Groundbreaking Legal Battle Over Consumer Fraud

3 years 2 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

Faced with a class-action suit filed on behalf of customers who claim they were tricked into paying to file their taxes, TurboTax-maker Intuit knocked the case down. The company insisted its customers had agreed to forego their right to take their grievances to court and were required to use the private arbitration system instead.

But even as Intuit was winning in the class-action case, that very arbitration system was being weaponized against the Silicon Valley company.

A Chicago law firm is using a novel legal strategy by bankrolling customers bringing tens of thousands of arbitration claims against Intuit. Win or lose, this strategy could cost Intuit tens of millions of dollars in legal fees alone — a threat that could prod the company to be more open to a giant settlement.

Nearly three years after ProPublica first reported on how many customers wound up paying for TurboTax when they could have filed their taxes for free, Intuit is fighting a complex set of legal battles to stop consumers from trying to recover money.

Besides the huge number of consumer claims that have been filed, federal regulators and state-level prosecutors are also advancing efforts against the deep-pocketed company, which made $2 billion last year.

The most unusual front in the fight is the strategy to bring tens of thousands of individual consumer claims in arbitration, the alternative to the public court system that has historically been considered friendly to business.

The so-called mass-arbitration tactic was pioneered in recent years as the legal terrain became less friendly to class-action lawsuits, the traditional tool used to recover money for consumers through the court system.

The tactic is akin to using guerilla warfare rather than having soldiers mass on the battlefield and face each other in lines. The law firm pursuing Intuit, Keller Lenkner of Chicago, has generated attention for successfully using the strategy on behalf of delivery workers for DoorDash and Postmates.

Intuit has vigorously defended its practices, denying any wrongdoing in each case. It stresses that millions of people do file their taxes for free using TurboTax each year.

“Intuit was at all times clear and fair with its customers,” a company spokesperson said in a statement to ProPublica, adding that it “not only did not hide free filing options from consumers, Intuit helped drive the adoption of free tax prep by helping more people file their taxes free of charge than all other online tax prep providers combined.”

Following ProPublica’s initial stories, Intuit was first sued in May 2019 in federal court. The case centered on customers who had to pay after starting the filing process using TurboTax’s Free Edition.

At the time, TurboTax maintained the heavily advertised Free Edition alongside a similarly named Free File product. The Free Edition routed some filers to a version of TurboTax that charged them a fee based on which tax forms they had to file.

Meanwhile, the Free File product, which was offered as part of a partnership with the IRS, did not route users to paid products and was truly free for anyone making less than an income threshold. But it was difficult to find. At one point Intuit added code to its website that removed the product from online search engine results. (The company later removed those lines of code.) A subsequent investigation by the Treasury Inspector General for Tax Administration found that in 2019 alone, more than 14 million tax filers paid for online tax prep software from TurboTax and other firms that they could have gotten for free. That amounted to roughly $1 billion in revenue for the industry.

The 2019 lawsuit was a traditional class-action case, in which plaintiffs’ lawyers sue a company on behalf of an entire category of consumers who have allegedly been harmed. If the plaintiffs prevail or the company settles, millions of people may be eligible to get money from the defendant.

But for decades, corporate America waged a successful battle against class-action suits, seeking to narrow their use. In recent years, companies got help from the Supreme Court, which issued a series of decisions that smothered many class-action lawsuits by making it easier for companies to hold customers to binding arbitration agreements. When consumers, including TurboTax users, sign up for a service, the terms-of-service contracts they click on often contain a buried clause that has them agreeing to pursue any grievance through private arbitration, not a lawsuit.

Studies have shown that hardly any users actually read these sprawling contracts. TurboTax’s current terms-of-use agreement, which still contains an arbitration clause, runs to over 15,000 words of dense legalese.

Arbitrations are handled in a private forum outside the court system. Crucially for business defendants, those claims are not bundled together, as class-action cases are. This fundamentally shifts the economic incentives: If one customer was defrauded of $50, it’s not worth a lawyer’s time to pursue the case. The calculus is different if a lawyer can represent an entire class of 20 million customers who each lost $50.

“It’s been just catastrophic for consumers and workers,” said Paul Bland of Public Justice, an advocacy nonprofit affiliated with plaintiff-side law firms. “It has wiped away tons of very well-merited and powerful cases where companies clearly break the law and they just get away with it because of the arbitration clauses.”

Business groups have argued that arbitration is a “simpler and more flexible” alternative to lawsuits and that class-action cases have served mainly to enrich plaintiffs’ lawyers.

After more than a year of litigation and an appeal, Intuit effectively won the federal class-action case against it by relying on TurboTax’s arbitration clause. The U.S. Court of Appeals for the 9th Circuit ruled that TurboTax users had agreed to arbitration by clicking a “Sign In” button on the software that stated users agreed to the service’s terms of use. Those terms contained the arbitration clause.

In that clause, the law firm Keller Lenkner recognized an opportunity. The strategy pioneered by the firm essentially called the bluff of companies that required their workers and customers to settle claims via binding arbitration. It also took advantage of the fact that companies typically must pay fees to the private arbitration organization, running perhaps a few thousand dollars per case.

What makes the strategy even more unusual is that the firm does not have the typical pedigree of plaintiffs’ lawyers, who have long been a stalwart constituency of the Democratic Party. Keller Lenkner was founded by a pair of former clerks for Supreme Court Justice Anthony Kennedy, a Reagan appointee; one also was a clerk for Brett Kavanaugh when he was a George W. Bush-appointed appeals judge.

If a handful of consumers pursue arbitration, the fees companies must pay amount to a rounding error. But if businesses are facing thousands of individual arbitrations — a tactic they didn’t anticipate — the potential fees quickly add up and companies can be pressured into settling. The strategy also requires deep pockets on the part of the plaintiffs’ law firm, since they advance money to their clients to cover a modest arbitration filing fee.

While the strategy has so far been used in only a small number of cases, an academic article on the phenomenon by Georgetown Law professor Maria Glover termed it a revolution of the civil justice landscape, “one in which virtually all Americans are subject to mandatory arbitration agreements with class-action waivers, and one wherein a broad swath of claims—for consumer fraud, racial discrimination, gender discrimination, wage theft, and workplace sexual harassment—have been all but eliminated.”

Keller Lenkner disclosed in a related court filing in 2020 that more than 100,000 consumers had sought individual arbitration against Intuit. The firm advanced the consumers several million dollars in filing fees.

Intuit has tried to stop the mass arbitrations. In late 2020, following the appeals court ruling that doomed the federal class-action lawsuit, the company offered to pay a settlement of $40 million in that case.

If the court had approved the class-action settlement, consumers who failed to opt out would not be able to pursue their arbitration claims. A settlement for the entire class of consumers could have knocked out many of the ongoing arbitrations for a relatively cheap price. Keller Lenkner objected to the settlement.

At a hearing before U.S. District Court Judge Charles Breyer, a lawyer for Intuit complained that “the Keller firm is able to threaten companies — Intuit’s not alone — into paying $3,000 in arbitration fees, for a $100 claim.”

Breyer questioned whether the proposed settlement was in the best interest of consumers.

“I did think when I looked at this, and saw that, really, that this was a way to avoid or otherwise circumscribe arbitration, that it seemed to be that Intuit was, in Hamlet's words, hoisted by their own petard,” Breyer said, adding, “I think arbitration is the petard that Intuit now faces.” His comments were first reported by Reuters.

Breyer rejected the settlement in March 2021.

Since then, the arbitrations have proceeded slowly.

Limited data disclosed by one of the main arbitration organizations covers cases resolved through the end of 2021. It offers a glimpse of the arbitration dynamics, showing outcomes in a handful of cases: Intuit won at least nine and consumers won five, with the arbitrator awarding consumers as little as $35 and as much as $3,348. Intuit has continued to win most of the cases this year, according to a person familiar with the claims.

In one case, Intuit had to pay the consumer’s attorney fees of $9,500. In another, the plaintiff’s lawyers had to pay Intuit’s attorney fees of $5,025. Arbitrators can order the plaintiff to pay the company’s attorneys’ fees if a claim is deemed to be frivolous.

The data also shows several dozen cases that were either dismissed or settled, without giving any detail on how much money changed hands, if any.

The biggest hit for Intuit was on the cost of the arbitration itself, with administrative fees totaling more than $220,000 for around 125 cases. At that rate, 100,000 cases would cost the company more than $175 million in fees alone.

Legal filings suggest Intuit may have already paid tens of million dollars in arbitration fees by now, but public records of the payments won’t be disclosed until more arbitrations are completed.

Intuit has argued that many of the arbitration claims are bogus, and a lawyer for the company dubbed Keller Lenkner’s tactic “a scheme to exploit the consumer-arbitration fee structure to extort a settlement payment from Intuit.”

The lawyer also asserted that many of the claims involve users who either didn’t use TurboTax or did use it but filed for free. More than 1,000 cases — likely ones that fall into one of those two categories — have been withdrawn by Keller Lenkner, the public data shows.

In part because arbitrations are conducted in secret, it’s difficult to tell much about the success of the strategy in past mass arbitrations. Keller Lenkner has previously said that in a recent two-year period it secured more than $190 million for more than 100,000 individual clients, an average of $1,900 per client.

In a separate case filed against Intuit by the Los Angeles city attorney and Santa Clara County attorney on behalf of California consumers, the two sides are still fighting over what documents and data Intuit has to hand over. Both sides recently proposed a trial date of July 2023, but it has not yet been finalized.

Meanwhile, the Federal Trade Commission and a set of at least five state attorneys general are still actively investigating Intuit. Tech news outlet The Information reported last month that the FTC, now led by progressive chair Lina Khan, was pushing forward with the investigation despite a recent Supreme Court ruling that trimmed the agency’s authority in such cases.

One FTC commissioner, Rohit Chopra, voted to proceed with the case before he left the agency last October. But Chopra’s vote was in place only temporarily, according to a person familiar with the matter. The rest of the commission did not take up the matter at the time. An FTC spokesman declined to comment.

This year, the IRS Free File program allows anyone making less than $73,000 last year to use tax prep software and file a federal return for free.

But the program, which was originally conceived as an alternative to the IRS offering its own free filing service, is entering its first year without the participation of the two titans of the online tax prep industry. In 2019 and earlier years, TurboTax and H&R Block together accounted for around two-thirds of all filings through the program, according to ProPublica’s analysis. Intuit announced last year it was leaving the program “to focus on further innovating in ways not allowable under the current Free File guidelines.”

Only much smaller and less recognizable companies like TaxAct, TaxHawk and TaxSlayer, which only hold a sliver of the overall market, remain.

Paul Kiel and Jesse Eisinger contributed reporting.

by Justin Elliott