Berger & Montague, P.C. Files Class Action Lawsuit Against H&R Block, Inc. On Behalf Of Consumers Affected By Error On Education Tax Credit Form

Apr 11, 2013, 09:00 ET from Berger & Montague, P.C.

PHILADELPHIA, April 11, 2013 /PRNewswire-USNewswire/ -- The law firm of Berger & Montague, P.C. has filed a class action complaint in the United States District Court for the Southern District of Illinois on behalf of all H&R Block, Inc. customers in in the United States who: (1) have opted-out of H&R Block's arbitration agreement; (2) had tax returns prepared for them by H&R Block Inc. for the year 2012, which included Form 8863 that was filed before February 22, 2013; and (3) where H&R Block determined that the taxpayer was entitled to a refund.

H&R Block customers who wish to participate in this action may opt-out of the company's Arbitration Agreement by completing and electronically submitting a form that can be found on the company's web site:

The Complaint alleges that H&R Block erroneously and negligently filled out and transmitted IRS Form 8863, which is used to claim educational tax credits (the American Opportunity Credit and the Lifetime Learning Credit), leaving a mandatory field blank.  Prior to the current tax season, the eligibility line of Form 8863 could be left blank and still indicate to the IRS that the taxpayer qualified for the student tax credit. Starting with the 2012 tax year, the IRS began to require that certain information be entered in the eligibility lines to indicate qualification. However, Form 8863 in H&R Block's tax software continued to permit the line to be left blank. This has resulted in delays of tax refunds of 4 to 6 weeks beyond the time when they otherwise would have been paid.  It is estimated that this error affects as many as 600,000 tax refunds. 

If you believe that your 2012 tax refund has been delayed due to an error in the Form 8863 and you have opted-out of H&R Block's Arbitration Agreement, please contact plaintiffs' counsel, Eric Lechtzin of Berger & Montague, P.C., at 888-891-2289 or 215-875-3038, or by e-mail at A copy of the Complaint can be viewed on the firm's website at or may be requested from the Court.
The docket number is 3:13-cv-00346-DRH-PMF.

Berger & Montague, founded in 1970, is a pioneer in class action litigation. The firm's approximately 70 attorneys concentrate their practice in complex litigation, including consumer protection, securities fraud, whistleblower and false claims actions, antitrust, labor and employment rights, and environmental and mass torts, and have recovered several billion dollars for consumers and investors.

SOURCE Berger & Montague, P.C.