Correspondence

Open letter to PCR Providers on compliance with consumer law

The CMA has published an open letter to providers of PCR tests on how they should comply with consumer law. This letter has also been sent to all providers listed on GOV.UK.

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3 December 2022: CMA secures changes from major PCR testing providers

UK PCR testing provider Randox has improved its terms on cancellations, refunds and compensation, following discussions with the CMA.

As part of its ongoing engagement in the PCR tests sector, the Competition and Markets Authority (CMA) raised concerns with Randox – one of the largest providers in the sector – about some of its terms and conditions. As a result, Randox has now reviewed its terms and conditions and has changed them to:

  • Give clearer information to customers, in particular on when it will provide PCR test kits and results
  • Improve notification of customers’ legal rights on cancellations and refunds, for example making it clear they have a right to a ‘cooling off’ period
  • Remove terms that could suggest customers aren’t entitled to compensation if things go wrong

The CMA has also sent letters to 25 PCR providers, warning them to review their terms and conditions – and other practices - or risk facing enforcement action. It currently has a formal investigation open into 1 PCR provider Expert Medicals and has secured undertakings from another; Dante Labs.

In addition, the CMA has provided advice to the UK Government on ways to make the PCR testing market work better for consumers. The recommendations included improving the basic standards to qualify for inclusion and remain on the GOV.UK list; monitoring providers on this list and swiftly removing, and sanctioning, those firms that don’t meet these standards; and adding information to enable consumers to compare providers properly and find the best deals for them.

The relevant legal entities are Randox Health London Ltd, is a company registered in England under company number 9102173 with registered office at 5 Finsbury House, 23 Finsbury Circus, London, EC2M 7EA. Randox Health London Ltd is a private provider of COVID 19 testing services. Randox Health London Ltd appoint their partner laboratory Randox Laboratories Limited to perform the testing and t/as RCLS, a company registered in Northern Ireland under company number NI015738, whose registered office address is Ardmore, 55 Diamond Road, Crumlin, Co. Antrim, BT29 4QY

25 August 2021: As part of the CMA’s rapid review into the cost of PCR tests the CMA has conducted a review of the terms and conditions of test providers. This letter explains the problems we have found and provides guidance to providers to ensure their terms and conditions comply with consumer law.

The CMA also previously published a response to the letter from the Secretary of State for Health and Social Care asking the CMA to look into issues in connection with PCR travel tests and a statement in relation to our concerns about price, reliability and quality of PCR testing.

The CMA is unable to offer individual advice or step in and help resolve individual complaints. However, the Citizens Advice Consumer Helpline may be able to help. It can be contacted online, or by telephone on 0808 223 1133. It provides free, confidential and independent advice to help people resolve their problems.

Updates to this page

Published 25 August 2021

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