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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 have the same issues on Scram. I was just notified of a violation and I DID NOT consume alcohol. They indicate it was reading .04! I was at work and have had no violations. I have been on scram for 5 months!!!
I have what you need plz contact me 979 716 2552 assure you justice
I am currently facing a probation violation in Indiana for my SCRAM reading a .028 and I DID NOT consume any alcohol. I was notified of my alerts 2 on June 28th…and they were from April 17 and June 17. I believe I came in contact with nail polish remover (in April) and After Bite (in June) for a mosquito bite that was on my ankle, very close to the SCRAM device. I am a single mother with a LOT to lose here as they are trying to put me back in jail for the remainder of my sentence and I could lose my daughter, my job, my home, my whole career! I am scared as I am innocent, and have already had to secure an atty ($1K) and the State of Indiana already was already able to put me in jail for this violation with NO BOND….thankfully I was able to get my attorney to get that revoked and set for a hearing. I need expert testimony and this is going o cost a fortune to defend! Anyone have any suggestions for me, aside from just putting it in my attorney’s hands?? Of course they say “the truth shall set you free…” but the more I read, the more fearful I am becoming!!!
2/7/18 My son is going through the same. Scram unit detected alcohol on last Tuesday 1/30/18/ and he was arrested Friday 2-2-18 and placed in jail. Probation officer says SCRAM does not lie. He has been in jail since and is going to lose his job. There is no alcohol in our home. He works midnight to 8:00 a.m., comes home, showers, eats and goes to bed. More likely my use of household cleaners, etc that placed him in jail. All products do not list all ingredients and as a consumer I am thinking . . . OK no alcohol in this one and use them. Lysol spray was used on his bedding everyday. Just had a hearing this afternoon and they are keeping him in. If his place of employment will hold his job a couple of says, he has a chance of getting out. Just a big mess . . . I am sorry, but all man made gadgets are not perfect . . . I am concerned for my son’s safety as well as his mental being. We do not have the money to pay what ever fines this will bring nor does he.
I have hard evidence they fail I had confirmed drinking on 2/3/2018 1157 pm to 1127 am alcohol in my system I also have a smart start interlock in both my trucks during alleged confirmed drinking I had several blows in my interlock showing Pass every time blows right at peak TAC probation dept won’t give me charts lawyer please help get my graphs any lawyer also over heard my PO tell AMS “is there anyway to discredit drinking event bc my interlock contradicted it
Anyone wanting justice or has court dates contact me or have your attorney contact me I’ve wore scram for over two years I have hard facts they fail
Please contact me ASAP! Court next week.
blessedmom11@hotmail.com
please contact me asap scram reporting 5 incidents 2 claimed confirmed with same results of other 3 unconfirmed graphs have bond modification hearing May 7 2021 Scram claims drinking from 7AM til 10 pm but even person that reads report says things don’t add up right when comparing the 3 unconfirmed to the 2 allegedly confirmed the graphs are identical. I go once a week to have scram info downloaded at the court house in Jefferson WI I hAVENT TOUCHED A DROP OF ALOCOHOL SINCE THIS pos SCRAM BRACELET WAS INSTALLED diD ACCIDENTLY USE ANTI PERSPERANT WITH OUT READING INGREIANTS LABEL 1 TIME ALSO USED OPVEN CLEANER COULD THAT BE WHERE THESE FALSE POSITIVES CAME FROM
I am being accused of a false positive, with the SCRAM saying I registered a .04 for 8 hours straight. As a result, I will probably be taken into custody this Thursday. SCRAM technology is unreliable and maybe even sinister. I take responsibility for my actions, but NOT that false reading.
I just got out of jail after serving 4 days for a positive alcohol reading on my scram. I was basically called a liar by my parole agent. I can honestly say that I`ve been completely sober since may 31st of 2016. I`m still dealing with the situation because he wants me to (simply admit) my alcohol use. I`m not a normal drinker. There is NO in between for me. There`s no way I`d stop at one drink. He said I registered .003 for 7 hours straight. Think about it. How the hell do you think I managed to maintain the same level for 7 straight hours? The facts are the facts, he`s right and I`m wrong. I can`t get my 4 days back
I’m having the same issue with this piece of shit device. I took a plea deal that allowed me to get out of jail… I jumped at the opportunity because at this point I simply want to more forward and get on with my life. So I was given 6 months of SCRAM and 6 months Soberlink. I just started SCRAM Nov 2017… and I’m now facing a tamper on Nov 27th from 6am to 8pm Nov 28th.. and Tamper/Alcohol Dec 21 2017!! I have not drank in well over 2 years.. Probation department swears that the device doesn’t lie… so automatically I’m guilty!! It seems doing the right thing means absolutely nothing. Now I’m looking to pay $600 dollars for follicle testing in order to prove there was no alcohol present..DO NOT GET SCRAM!
They do fail I have hard evidence with out a doubt evidence I had confirmed drinking event 2/3/2018 1157pm through1127am 2/4/2018 I had been accused on 12/1/2017 took Polly graph and Hair EtG for that one PO court didn’t believe I was called a liar so I vowed I would blow in my smart start interlock every 4 hours well guess what the alleged drinking on 2/3/2018 there are several blows right at peak of TAC curve heard my probation officer ask AMS if there was a way discredit drinking bc my interlock contradicted it probation office won’t give me charts is there a attorney who will get them for me
I had to stop wearing deodorant which was giving small positive signals. Now my case has been delayed twice for no reason causing me to pay for the thing that much longer all the while not being able to do the water activities I’ve done my entire life. I view this thing as a cause of great emotional distress and invasion of my personal life since I haven’t even been found guilty yet. (6 months and counting waiting just to appear in court)
Tamiflu and non alcoholic Nyquil pills. I tested positi be while my fever was 104. How the he’ll does that happen? Do they have true professional staff reading absorption and release rates or minimum wage kids?
I have recently had a gradual increase and deacrease from a sunday night to monday morning while sleeping I HAVE NOT DRANK !!! since my incedent i am on charges for. I am so disalutioned by this
This SCRAM bracelet ruined my son’s life. He begged for the blow monitor instead. The SCRAM people told the judge that my son would have to bathe in alcohol for it to register a positive unless he was drinking – they knew they were lying. My son was under close supervision on the day they said he tampered/drank – HE DID NOT.
My son couldn’t stand it any more – took his own life with drugs after telling me he would never drink again. My son never hurt anyone-that’s probably why they made him a test case-flew in an expert to be at his trial even though he had not driven in more than 2 years. He, too had been washing dishes at his job both times it registered that he had been drinking. I will grieve forever.
I hope you find justice
Call me please 979 716 2552 justice needs to be this has gone to far I can assure you we can show truth