New York Attorney General Letitia James today secured $55,000 in penalties from Lab Worq, LLC (Lab Worq) after the company misled New Yorkers seeking rapid COVID-19 tests in late 2021 and early 2022. Lab Worq falsely advertised 24-hour test results, despite widespread delays in delivering patients’ results. For example, in the two weeks leading up to Christmas in 2021, Lab Worq’s wait time for test results was more than three days, impacting over 90,000 patients who were counting on receiving their results quickly for holiday travel. Some consumers complained of waiting a week or more for results, and others reported never receiving results at all. While Lab Worq is not currently operational, the company and its owner have agreed to provide accurate information concerning test result timelines if Lab Worq offers tests in the future, in addition to paying $55,000 in penalties. Attorney General James has now secured over $580,000 to date from companies that failed to deliver COVID-19 test results as promised.
“In 2021, consumers were anxious to get COVID-19 tests so they could visit family and friends and return to work during the holiday season,” said Attorney General James. “Lab Worq misled consumers by repeatedly promising 24-hour test results that they could not deliver, and now they are paying the price. I will continue to take action against any company that misleads New Yorkers during a public health crisis.”
The Office of the Attorney General (OAG) first launched its investigation into COVID-19 testing sites in December 2021, following numerous complaints from New Yorkers who were not receiving rapid COVID-19 test results as promised. For some patients, these delayed test results jeopardized their ability to work, as they needed negative test results to return to their jobs. For others, the delayed test results disrupted holiday plans. The OAG issued a warning letter in December 2021 to Lab Worq, along with several other COVID-19 testing companies, cautioning them not to misrepresent testing turnaround times during the Omicron wave of the COVID-19 pandemic, which corresponded with the busy holiday season.
With this settlement from Lab Worq, Attorney General James has secured more than $580,000 in penalties and refunds from companies that failed to provide COVID testing as promised, including $122,000 from Clear 19 Rapid Testing, $182,000 from ClearMD Health, and $230,000 from SameDay Health.
Attorney General James asks any New Yorker who believes a medical facility is making misleading statements to file a complaint online with the Office of the Attorney General’s Consumer Frauds and Protection Bureau or call the office at 1-800-771-7755.
This matter was handled by Assistant Attorneys General Franklin Romeo and Mary Alestra, and Deputy Bureau Chief of the Consumer Frauds and Protection Bureau Laura J. Levine, under the supervision of Bureau Chief Jane M. Azia. The Consumer Frauds and Protection Bureau is part of the Division of Economic Justice, which is led by Chief Deputy Attorney General Chris D’Angelo and is overseen by First Deputy Attorney General Jennifer Levy.