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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
These devices are faulty and this company is a crime ring because they know about it and hide the evidence. My device gave a false positive for environmental alcohol (so they didn’t say I drank) but they tried to say I was exposed to alcohol near my device for 14 hours, 9 of which I was sleeping and the rest of which I was either with my psychologist or husband. Then, 3 months later the lock on my device BROKE in the Dallas airport on my way back to Michigan and I had to hold the thing on and crank it tight until I got home and could get it fixed the next day. I did an ETG urine screen (80 hr alcohol screening coverage) the morning I got home and it was negative, and they replaced the device and sent me away without an apparent issue, much to me relief. But then… today I get a call from my counselor at my intensive outpatient program which I graduated from LAST NIGHT and she says my device had a “confirmed 8 hour tamper” from 14 days ago (why would you wait so long to tell me!?!) and that she is now going to keep me in intensive outpatient for 2 more months and I will have to plead against the violation in sobriety court tomorrow. This brilliant woman also said “but frankly I would have to have you stay in IOP for a month or two longer anyways because I accidentally got my dates wrong and you were supposed to be in the program longer.” Another fun fact is that yesterday prior to graduating from IOP, the SCRAM office called me in to give me a brand new device without any explanation (could it be that the bracelet was faulty all along and they don’t want to admit it!?). Here is the ultimate kicker: the very day they said I tampered with the SCRAM for 8 hours I went to see my probation officer for a weekly check-in, went into the SCRAM office to have the device looked at (was given no reason, which I found shady), and also did a urine ETG and drug screen that came back NEGATIVE! Why would one tamper with a device when they can prove they did not drink? My attorney is not impressed with any of this and said he will fight for me. I am also a nurse and may opt to take a PEth blood test if the court fights me on this, which tests for alcohol consumption in the preceding 3-4 weeks. The entire thing is disgraceful and they ought to be ashamed of themselves.
Wow! I am going through hell with them too! I am getting in trouble for something I didn’t even do. I spent 5 days in jail for what should have been an environmental alcohol occurrence at the end of February. My daughter and I were both sick and I had the humidifier going. innocently unknowingly, the Vick vapor has 84% alcohol as an active ingredient. So it showed up that I was consuming alcohol for 3 days 16 hours each day. I made sure I read the medicine I was taking and anything else I came in contact with. And now a month later exactly, were sick again and they said my screenings show 12 hours worth of alcohol use. But I did NOTHING different than I’ve been doing the past few days with us being sick. I used the humidifier again with JUST water the night before and again on the night of this occurrence. But it’s just claiming one day. And with this COVID-19 going around who knows what could be happening. I am glad I read your post because I’m going to look into taking this blood test. I just took an ETG today when I got the news. And I plan on getting my hair tested also. So I am hoping 3 test over 1 will give me a dismissal. HAS, where i got the tether, said they haven’t determined if it was an environmental issue or consumption. I am on the hunt for a good reasonable lawyer if anyone has some suggestions please share. My last lawyer was awful.
Vick vapor has 84% as an inactive
Shaking my head. Just got off probation in February 2020. Was going through this in Pinellas County. I spent 28 days in jail on a 0.03% reading. Just two days after I took the probation. This a long story, but let me shorten it for you. Know I remember pacifically being told not drink, after having monitor placed on for the second time. Because the first Time, I had it on for almost two months, I had asked my PD, to ask the judge to remove it. I was getting worried about the total bill. $10.00 a day. So, the judge granted it off. I come back a month later, I accept the terms of the probation, one of those terms is to wear the monitor for 30 days. I left Court, Had the monitor but on and then went to seek alcohol counseling, which was one of the terms of the probation. not even two days later I was violated on a violation of probation for a 0.03 detection on the alcohol monitor. Now I don’t know where I had lost my mind right already had this monitor on for two months and I knew what not to do what not to drink what not to wear perfume etc. etc. I was only having to wear the monitor for 30 days that day when I left court I was on probation I was asked about the monitor back on after I left there I want to go seek alcohol counseling which was one of the terms of the probation not two days later I was violated on a violation of probation for a 0.03 detection on the alcohol monitor. Now I don’t know where I had lost my mind, I already where not to wear, drink, we’re not to be. I had already had a monitor for months. So why in the hell would I take a drink with the monitor on me, after taking probation three days after, seeking alcohol counseling and to mention if I was going to risk it all why hell did I stop drinking at a damn 0.03 why just get go all the way, that it makes no earthly sense. It’s scam, And what’s most hurtful about it is that is supposed to be teaching a person that could’ve had made a very bad mistake a very big lesson but it breaks a person down specially with all the lies in a false monitor readings $10 a day I mean all the stuff you have to pay for it not to mention not being able to drive it’s, crazy. And all the Court system cares about it money. This on my mind a lot it’s not right. I lost a lot 28 days. There is no reason in the world that I would jeopardize being away from my kids for 28 days for something that I did not do it. I could have passed my probation with in a year. I have no problem in following the rules, especially once I had made the initial mistake. And that’s just half the story.
Damm man i had got mines but on jan 11 2021 i have 6 month on this this think is stress full.You got watch what you eat in be our any thing contain alcohol. Can you smoke marijuana in it
Katie I’m also in Michigan and now being told I tampered with my device and alcohol was detected. I hAvnt drank in 3 months. No one believes me cause during the case before I was sentenced I did drink while on sober link. Which county in Michigan did you have scram through? I’m going to fight this and see if they have done this to other people
I received a false positive for due to baking using fermented yeast. I made 20 dozen cinnamon rolls over 13 hrs of baking. The fermentation of the yeast in the raw dough transdermaly set off my scram bracelet 1 month before the removal of my bracelet. I have timed and dated photos bc I am a foodie and blog everything on social media. I was not notified by my probation officer for 10 days, I was not permitted to defend myself or prove anything even evidence that yeast does create alcohol and has been proven to alert scram bracelets……. found out today my amazing Christmas cinnamon roll gifts cost me 3 more months of scram
The same just happened to me! I have lost two jobs and my apartment and spent 38 days in jail due to a false reading.
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I had four beers and got a DUI in Seattle. I had DUI 16 years ago. The courts said I was a habitual offender. So to stay out of jail they put a scram device on my ankle. I reported the 2nd week and they said I consumed alcohol for three days in a row and tampered with the device. I have serious psoriasis I must use steroid cream to keep my skin from cracking and bleeding. DUI’s are cas cow for the city of Seattle any way. So tomorrow I’m calling an attorney and I am now going to keep a log on all feeds and med I’m going to have to take for my bad heart. The Attorney I’m going to call is a civil attorney and the basis will be slander and defamation suit.
There people are evil and they must be stopped. Get an Attorney.
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I can’t find it on Facebook! The same thing is happening to me!
Where do you go to find it on Facebook?
Do you have any advice for this kind of situation? This is happening to my friend as well. He was put in jail for 1 day last month due to false readings and now he has been in jail for 3 days for the same thing. He has avoided all alcohol products and alcohol itself. They do not tell him when alcohol has been detected either. They just showed up at his house and through him in jail.
Any advice is very much appreciated.
Public isn’t any help at all.
*Public defender isn’t any help at all.
I have read the there are DUI attorneys that can help with the battle against scram
My daughter has a scream monitor and it has shown several false positives and she has not had a drink. She has a warrant out for her arrest now and she is having to pay extra attorney fees to go back to court for the false positives and could potentially go back to jail. The system knows this monitor is fraudulent but nothing is being done to help the users with this issue.
I also was a victim of false tampering almost went to jail. Never messed with it or drank once. I wound up doing over 100 hours in community service because of it. The bracelet is faulty and its made to screw you over and take your money and or put you in jail. Nothing will be done because it generates too much money. This bracelet screwed me real good! The people that run it are straight criminals. i wish someone would start a proper class action against them. I wish you the best of luck in your resolve. Sincerely.
-M
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Just got a false positive today I’ve been on this thing 8 months why would I risk messing it up now… Might go to prison for something I actually didn’t do this is a horrible feeling
Same shit just happened to me I may go to prison now
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I just got a positive reading. For like the 4th time. My probation officer claims that it know the difference between ingested alcohol and environmental. I had a test the next day which was negative. I’ve been sober 5 months. If I wanted to drink I would of made it worth my while. This bracelet is bullshit.Very discouraging. Hard to be proud of my sobriety when I’m being accused.
Same goes for interlock. It shows I tampered with it but I had to push chord back in because it kept shutting off. So frustrating!!!
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DallasCounty DA’s & Judges have their hands deep in the tax payers pockets. Smart Start devices malfunction and SCRAM devices reporting false positives! It sad , and pathetic to the extent these people will go to obtain a conviction. “Ohh you corrupted generation “ ??
Today I received a false positive on my SCRAM bracelet. I told the SCRAM officer I had not drank and I planned to immediately go and get a hair follicle and urine test. She said she did not advise doing so because hair follicle test does not show alcohol. I went to get tested anyway and the technician at the the testing site said that a hair follicle test will show alcohol and that my SCRAM officer was lying to me. The SCRAM company is exploiting people with substance abuse problems for CORPORATE FINANCIAL GAIN!!!!!!!!!!!!!!!!!!!
Did the hair follicle get you off? Because I am going to to the same thing! I’ve been sober for 75 days and my scram came back and showed I had alcohol in my system two days ago! I feel so defeated right now!
I have been wearing a scram device for a couple of months. I had the results saying I consumed 0.025 alcohol, also in the report it says potential tamper for over 8 hours. I haven’t tampered with the scram or drank any alcohol. I am confused. I don’t think this technology is reliable unless it could have been environmental alcohol what’s caused this error
I’m going to pretrial
And this scram device is giving false positives ,I might go back to jail for a long time over this damn false positive I habe not had a single drop….a single dam. Drop. What could I do about this
I went to court today and was told I violated my parole due to a false positive. I now am being drug tested weekly I almost went back to jail. I haven’t had a drink since the monitor was put on.
Im still on this scram it read a false positive from 6 pm until 230 am my parole officer violated me and could have sent me back to prison i NEVER TOUCHED A DROP OF ALCOHOL ,I DID PUT ON COLOGNE THAT IS 90 % alcohol but not for that many hours my p.o. does not believe me and extended my teather another 2 months this is unreal i paid for my mistake yet im still beimg punished
Same here! I spent 38 days in jail. Please Follow,post and share Facebook page- Scram scam Pinellas. Let’s get the word out