Theranos was hit with a second class action lawsuit today — one day after an angry customer filed the first.
Today's suit alleges that Theranos breached its contract with customers by "providing tests that were not of the promised high level of accuracy and quality." The lawsuit also goes after Theranos for false advertising, not performing proper quality control, and for failing to use the fingerprick technologies that it advertised to customers when drawing their blood, according to the complaint.
"Unlawful, deceptive, fraudulent, and unfair business practices"
The Verge contacted Theranos for comment. In response, spokesperson Brooke Buchanan sent us the same statement she sent us yesterday. "The lawsuit filed today against Theranos is without merit," she wrote in an email. "The company will vigorously defend itself against these claims."
Like yesterday's lawsuit, a single customer filed against Theranos today in the district of Northern California. The lawsuit seeks damages payments for customers, and payments for attorney's fees. The suit also requests a court order to tell Theranos to stop using "unlawful, deceptive, fraudulent, and unfair business practices." It's not yet clear if the lawsuit will move ahead; it has not yet been certified, and may be combined with other cases as it proceeds.
This has been a particularly difficult 24 hours for the blood-testing startup. In addition to getting hit with the first lawsuit, The Wall Street Journal reported yesterday that the drugstore chain Walgreens failed to verify that Theranos' technology worked before it partnered with the company in 2013. Theranos currently operates 40 clinics inside Walgreens locations.