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Two California women say the companies behind SCRAM’s alcohol monitoring system fraudulently generate false positives to increase their revenue.
Plaintiffs Roseanne Hansen and Jennifer Oh say the transdermal alcohol consumption monitoring devices made by defendants SCRAM of California Inc. and Alcohol Monitoring Systems Inc. have been reporting false positive test results.
False positives can result in offenders being sent back to jail, having their bond revoked, or being ordered to continue wearing the SCRAM bracelet, the plaintiffs claim. They accuse SCRAM and AMS of generating false positives so that courts will order extended monitoring – resulting in more business income for SCRAM and AMS.
These SCRAM devices come in the form of ankle bracelets. In criminal prosecutions for offenses such as drunk driving, courts sometimes order individuals to wear such monitoring devices to monitor their consumption of alcohol.
The devices are manufactured by defendant Alcohol Monitoring Systems. SCRAM of California distributes these devices and provides associated monitoring services. Wearers are required to wear the ankle bracelet constantly.
Once a day, the wearer must upload device information to a monitoring center in Colorado, operated by AMS. When AMS receives a positive result from a SCRAM device, it reports that result to the court overseeing the customer’s prosecution.
But according to Hansen and Oh, these SCRAM devices are inherently prone to reporting false positives due to the nature of transdermal alcohol monitoring.
They claim that even when the wearer has consumed no alcohol, these devices are likely to detect and report environmental alcohol as a false positive. Fragrances, hand sanitizer, cleaning products or gasoline all can trigger a false positive from a SCRAM device, the plaintiffs claim.
Despite the alleged defect, the defendants advertise their SCRAM monitors as being able to detect the difference between “ingested alcohol” and environmental alcohol. Hansen and Oh argue that representation is false and misleading.
In fact, they say “numerous sources have documented instances of false-positive test results recorded by the SCRAM Device when the wearer was proven to have not consumed any alcohol.”
They cite a case in which a criminal defendant’s SCRAM device reported he had consumed alcohol for 63 hours straight and maintained the same blood alcohol level the entire time. Other reports showed a SCRAM device signaling a positive result at the same time a breath-alcohol test detected no alcohol at all.
Hansen claims her SCRAM device generated a false positive result while she was undergoing treatment at a alcohol rehabilitation center, where she could not and did not have access to alcohol. Breathalyzer testing conducted just before and after the SCRAM report showed she had not been drinking at all, Hansen claims.
Oh says her SCRAM system flagged a false positive after she complained about the high fees she was required to pay for the service – $225 per week plus a $325 enrollment fee.
Hansen and Oh are proposing to represent a nationwide plaintiff Class that would cover all persons in the U.S. who purchased the defendant’s SCRAM monitoring service from four years preceding the filing of this action through the date Class certification is granted. They also propose a subclass consisting of Class Members in California.
They are asking the court for an award of damages, restitution, court costs and attorney’s fees.
The plaintiffs are represented by attorney Edwin I. Aimufua of Law Offices of Edwin I. Amufua.
The SCRAM Ankle Bracelet False Positive Class Action Lawsuit is Roseanne Hansen, et al. v. SCRAM of California Inc., et al., Case No. 2:17-cv-01474, in the U.S. District Court for the Central District of California.
UPDATE: The SCRAM Ankle Bracelet False Positive Class Action Lawsuit was dismissed on September 26, 2017. Top Class Actions will let viewers know if a new case is filed.
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154 thoughts onAlcohol Monitoring System Generates False Positives, Class Action Says
My son has been in jail since June 8, 2022 on a scram violation in Fresno California. He didn’t drink but his monitor showed 3 days of drinking. The judge refused to listen. We hired an expert to look at the reports and give us his professional opinion. The court refused to allow an expert witness testify. The judge said he knows my son was drinking. The reason for the monitor is that he got a DUI and was in an accident. It is his first DUI. The Public defenders told my son your going to prison for 4 years. The Public Defender refused to help my son. He is still in jail awaiting sentencing for the DUI and Scram Violation.
I just had a meeting with my PO S. She said my scram detected 2 instances of drinking alcohol in the past month. Totally false. I don’t trust them and she won’t show me the results. I also had a friend get a positive reading and they went directly to get a urine test. Came back negative, but the judge preferred the scams positive test.
I experienced the same thing. It ruined my life
I need help now
I was released from incarceration to parole on March 1st of this year with the special condition of wearing a SCRAM bracelet for 45 days, since my record has been good with no infractions. On March 26th I was accused of tampering with the bracelet and consuming alcohol. I was given a UA on the 28th that registered a negative result for any prohibited substances. I was honest and told the truth that I did not consume alcohol nor tamper with the bracelet. At my sanction hearing I was given a copy of the report that they had received and used as evidence against me. The report shows a slight drop in temperature and inferred reading for approximately 13 hours. There was a sharp spike up and then drop within half an hours time on the alcohol reading, indicating that my exposure was environmental and not through ingestion. There is not a person that I know of with the ability to completely metabolize alcohol within a half hour. My PO and the parole board use the information they were given as a tool to re-incarcerated me for 5 days, indefinitely wearing the SCRAM, and other ramifications cause by being sanctioned. The truth did not matter to them, the evidence proving that I didn’t drink did not matter, me abiding by my parole conditions did not matter and most importantly my sobriety did not matter to them. I lost more time away from my family, wages from missing work, additional costs of having to wear the bracelet, increased trauma, stress and anxiety and my sobriety put at risk. My sobriety might not mean much to them but to me, I have worked hard to stay sober for the past 21 months. It’s been very difficult to not just give up after them using this bracelet as a tool to not give me a chance to prove myself and that I have worked hard on being accountable for myself.
I just had a meeting with my PO S. She said my scram detected 2 instances of drinking alcohol in the past month. Totally false. I don’t trust them and she won’t show me the results. I also had a friend get a positive reading and they went directly to get a urine test. Came back negative, but the judge preferred the scams positive test.
I had those alcohol tethering for a year now I get blood work every week and they want to still say that I drink alcohol when I get blood work every week and they’re all negative
I’ve been wearing mine for 1 year. I UAVE NOT HAD A SINGLE POSITIVE!!! You know why, because I’m not drinking!!!!
I did not drink. Monitor said I did, I will not lie to my judge but it seemed my insistance on saying I didn’t drink made my judge even more angry and sent me to jail. I lost the best job I have ever had in my life, and was taken from my family for 3 months. Was supposed to be and additional 3 months as I was sentenced to an alcohol “in jail” class, but they accidentally let me out when I finally got my seat in the class after 3 months of waiting.
I have been gone for 3 years without any issues. Now I am having to deal with the absconding on top of the false report. Wouldn’t have absconded if they knew their device was faulty.
I am trying to find a lawyer to represent me in North Texas. None of this would have happened if this stupid device didn’t give a false positive. No one would believe me….even other inmates.