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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
I am wondering how many people have suffered a heart attack, stroke or died after being placed on an alcohol monitor bracelet. Neither the court systems nor the monitoring companies are medical professionals and cold turkey cessation of alcohol, especially in heavy use individuals, can and does result in one or all three medical conditions. A person is not given a medical evaluation and is not monitored by medical professionals. This would seem to be several infractions, including practicing medicine without a license and blatant disregard for human life. A person is forcibly placed on a monitor, usually before they have even been convicted of a crime. In some cases it is a death sentence without benefit of a trial.
What is happening with this lawsuit? I am asking for a friend in another state. ? What lawyer is handling this and do they work in other states?
I just received word from my attorney that my SCRAM read that I had alcohol for two days. I just got SCRAM installed on Wednesday, August 30th and supposedly spiked in alcohol on Sept. 1st from 9:13pm – 2:19am and on Sept. 2nd from 11:02am to 6:10pm. Now I worry because the judge can put me in custody.
I am currently wearing a scram bracelet in New York state. I was always paying the monitoring fee a week in advance. The first time I went to probation and had a balance of about $60 I was accused of tampering with the bracelet from 6 a.m. till 10 p.m. at night on the Saturday before I reported. I happened to attend a “mandated” AA meeting the day i was accused. Now to protect myself i videotape the bracelet several times throughout the day. I film my iPad at the same time for a date and time stamp. I highly recommend that you do whatever you need to do defend yourself as this company is unscrupulous and is not out to help anyone but it’s just out to get as much money as they can out of the system and the people ordered to wear their bracelet
My son is paying for an EtG hair follicle test to prove the bracelets falsity. This test is approved and very very accurate…………
My partner just had the Hair test done as well due to 2 positive readings on that piece of junk!! within 3 months His results came in yesterday and stated he has not drank in 6 months. Can’t wait for the court hearing to see what they have to say about this. If you want to keep in touch let me know!
This shit is ridiculous… it happened to me as well.. how many innocent people have to be affected by this before it is finally shut down?!
I spent 83 days in jail on a false reading. I lost my job of 15yrs was hoping to retire
From there. I’m 60 yrs old. Try finding a job and starting all over. When in jail the water was shut off for 16 days at the apartments I own. My poor tenants. And there were children there to. The judge told one of my family members I was going to sitting here for a very long time. I did not drink any alcohol that night. I was working on a friendside motocycle. And was using carb cleaner and brake fluid but schedule 50. At the time I didn’t even think of the ethanol in the product. They stress on perfume and body things and some cleaning products but nothing on garage things. I was doing so good too. We spent a lot of money getting attorney but like us he new nothing about this bracclet. And in the paperstores that were sent it was all a lie. And in the use prior to me getting the bracelet on the last calibration. How could it be calibrated in one year but signed 13 months later. My reading on my Graf looks just like the one that they show as negative. These people ruined my life. I am trying to bounce back but for a while
we it was bad. I did get another job but the pay isn’t good and I have to start from the bottom. My tenants went thru he’ll because of this to. God hope no one else would have to go thru this.
My son is currently in jail in Dallas, Texas because scram says they detected alcohol, he did not drink! – he also has a smart start In his truck, all the readings for that day on the smart start were 0.00
Our attorney has subpoenaed the scam records, hope to find something out soon.
He did NOT drink, he was home in bed at the so called time of the violation.
Weird thing I had a secretary a few years back and the exact same thing happened to her, this is not a coiensedence!
I was arrested, spent a week in jail, 2 days in booking in a wheelchair, then 10 hours, upon release. I DID NOT DRINK. Then my leg swelled due to celulitus, and PO WAITED till I was in the hospital to give permission to take bracelet off.
I’ve spent 22 days in county because scram violated me and I did not drink.