PCR Travel Tests

The CMA is investigating suspected breaches of consumer protection law in the PCR travel test market.

From:
Competition and Markets Authority
Published
3 September 2021
Last updated
8 July 2022 — See all updates
Case type:
Consumer enforcement
Case state:
Closed
Market sector:
Recreation and leisure
Opened:
3 September 2021

Expert Medicals

Case closure

30 June 2022: Expert Medicals has provided evidence to the CMA that it has refunded approximately 11,000 consumers in line with the undertakings agreed with the CMA at the end of December 2021.

Any consumers who consider that they are entitled to a refund under the undertakings but have not yet received it should contact Expert Medicals directly on the refund request form.

In light of Expert Medicals’ undertakings and the steps taken to comply with them, the CMA is now closing its current investigation. That closure is subject to Expert Medicals continuing to comply with the undertakings (and submitting evidence of doing so to the CMA) and with its obligations under consumer protection law.

Investigation update

29 March 2022: Expert Medicals has amended its terms and conditions to ensure compliance with relevant consumer legislation and has provided the CMA with formal undertakings as to its conduct in respect of the sale of PCR Travel tests.

It has committed to improve a number of its practices including:

  • advertising clear and accurate information about the services it provides, including the timeframes expected for delivery of test kits and results
  • ensuring customers know their rights for cancellations and refunds
  • maintaining appropriate customer service systems, which includes responding to complaints and queries in a helpful and timely way
  • providing refunds to affected customers (see below)
  • providing the CMA with update reports on its progress implementing all changes

The CMA’s investigation continues. Before deciding whether to conclude the investigation or take further enforcement action, the CMA will consider reports provided by Expert Medicals (in accordance with their undertakings) and other evidence as to whether Expert Medicals have amended their practices satisfactorily and have provided refunds to all those customers to whom it promised to make them. Those are people whose PCR test kits and/or results were delivered to them late or were not delivered at all, and people who sought to exercise their statutory cancellation rights and were denied them by Expert Medicals.

Dante Labs

Undertakings accepted

25 January 2022: Dante Labs a provider of PCR COVID 19 travel tests has formally committed to improve a number of its practices and ensure that refunds due to customers have been paid.

Dante Labs will complete its review of complaints from the summer and ensure people have received refunds if they tried to cancel or their test kits or results were provided late. Dante Labs has refunded a number of customers and all outstanding refunds must be paid within 21 days.

Dante Labs will also strengthen the protections for customers in its terms and conditions, improve customer service and provide clearer product information. The company has pledged to:

  • advertise clear information about the services it provides, including the timeframes expected for test results to be delivered
  • ensure customers know their rights for cancellations and refunds
  • maintain a proper customer service system, which includes responding to complaints and queries in a helpful and timely way
  • provide the CMA with update reports on its progress implementing all changes

These undertakings have been given by the relevant Dante Labs entities; Dante Labs S.r.l and Dante Labs Inc

Investigation Launch

24 September 2021: The Competition and Markets Authority (CMA) has opened an investigation into Dante Labs S.r.l and Dante Labs Inc (Dante Labs), a provider of PCR COVID-19 travel tests, due to concerns that some of its practices and/or the contract terms it uses may breach consumer law.

The investigation will examine several issues including whether Dante Labs:

  • has not delivered PCR tests and/or results on time or at all

  • has been failing to respond to complaints or provide proper customer service

  • has refused or delayed refunds when requested

  • is using T&Cs which may unfairly limit consumers’ rights

At this early stage, the CMA has not reached a view as to whether or not Dante Labs has broken consumer protection law.

Information about the CMA’s review of the PCR Testing Market can be found on our Rapid Review of PCR testing for travel page.

To note: The guidance relating to COVID-19 testing requirements for international travel are set by the Department for Health and Social Care (DHSC). The DHSC hold responsibility for deciding which private providers’ are included on their  list of providers who self-declare they meet the government’s minimum standards for testing. 

The DHSC have confirmed to the CMA that travellers who have purchased test packages from Dante Labs will be able to use these as a valid test package upon arriving into the UK. For the avoidance of doubt the CMA’s investigation relates to compliance with consumer protection law, not public health legislation.

Providing companies meet the requirements of public health legislation relating to the provision of testing those tests will still be valid. Further queries relating to these testing requirements (including the validity of tests provided by businesses that were on the list but have subsequently been removed by the DHSC) should be directed to the DHSC. Further queries relating to these testing requirements (including the validity of tests provided by businesses that were on the list but have subsequently been removed by the DHSC) should be directed to the DHSC. You can contact the DHSC by:

Find out more about the DHSC.

3 September 2021: The Competition and Markets Authority has opened an investigation into Expert Medicals, a provider of PCR COVID 19 travel tests, due to concerns that some of its practices and/or the contract terms it uses may breach consumer law.

The investigation will examine several issues including:

  • whether tests and results are provided on time or at all

  • whether there are significant difficulties in contacting Expert Medicals when problems arise

  • whether terms and conditions used by Expert Medicals unfairly limit or exclude liability

  • whether there are difficulties for people in cancelling and/or obtaining appropriate refunds where tests are not provided or provided on time

At this early stage, the CMA has not reached a view as to whether or not Expert Medicals has broken consumer protection law.

In parallel, the CMA has also written to 19 other providers about information received by the CMA regarding misleading pricing of PCR travel tests to urge them to review their practices and policies immediately to make sure that they are in line with the requirements of consumer protection law and to make any changes where necessary.

Information about the CMA’s review of the PCR Testing Market can be found on our Rapid Review of PCR testing for travel page.

Contacts

Director: Gordon Ashworth, Gordon.Ashworth@cma.gov.uk

Senior Responsible Officer: George Lusty, George.Lusty@cma.gov.uk

Updates to this page

Published 3 September 2021
Last updated 8 July 2022 + show all updates

  1. Expert Medicals case closure following evidence of refunds received.

  2. Expert Medicals investigation update published to the page.

  3. Undertakings accepted from Dante Labs.

  4. Launch of investigation published to the page.

  5. First published.

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