Labs Agree to Refund Fees for Expedited COVID-19 Tests with Late Results

Cozen O'Connor
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  • New York AG Letitia James reached a settlement with private health labs ClearMD Health and Sameday Health to resolve allegations that they misrepresented turnaround times for COVID-19 test results in violation of New York’s consumer protection laws.
  • The warning letters issued to ClearMD and Sameday Health alleged that their advertising promised consumers COVID-19 PCR test results in less than 24 hours, and that, even though the labs charged a premium fee for expedited testing, thousands of consumers did not receive their results in the promised timeframe.
  • According to the AG’s office, under the terms of the settlement ClearMD refunded more than $182,000 to approximately 1,200 consumers and Sameday Health refunded more than $230,000 to approximately 3,100 consumers. Both companies also agreed to correct their advertising and to instruct staff to provide accurate information about test turnaround times.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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