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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 had a Scram bracelet for over 2yrs now. I voluntarily got the bracelet to show I did not have a problem drinking. Sober these last 2 1/2yrs. though I have had maybe 10 or so false alerts all environmental. Luckily it was voluntarily and not court ordered thank you lord. Fast forward I have the volunteered bracelet removed to put on one from the court that they ordered. THE 1st day literally I get the bracelet at 9am they tell me a week later I drank from 9am to 12am. Wth!!! It’s been 1month with the court ordered bracelet and I have had so many bs alerts that wouldn’t be able to count on 2 hands. I see what is going on now between the courts and scram and it is not right.
I’ll make mine short. I’ve had a SCRAM on for almost a year. 9 false positives in the first 5 months. Had a chemical engineer testify at my revocation hearing that what the SCRAM was reporting was “not humanly possible “. It was saying by TAC would rise to .02 and hang there for 12-15 hours. On one incident it reported my TAC went from a 0 to a .44 and back to zero in under 2 hours. Oh and we got the lady defending SCRAM to say on record that that incident is absolutely true and possible!! Insane right? THAT IS NOT POSSIBLE!!! Proved that every incident was not possible….I spent 60 days in jail for it. I have 20 days to go and the bracelet comes off…..was informed today that I have roughly 6 more “drinking events” that this bracelet is reporting. I still have not had a drop of alcohol and although my new PO is a pretty good guy and has not revoked me yet it’s looking like this bracelet is going to send me back to prison for something I have not done!!!! If anyone has any ideas on this please post here or reach out to me personally. Email me..nickcaspers1@gmail.com. Anything at all !!! I even offered to do breathalyzers twice a day and got denied that!! I don’t get it!!!
I have been on the Scram since 10/14/2020 and have had my bond revoked. I went and had a hair follicle test done gone back 90 days on 1/19/21 to prove I had not drink. The test came back negative to prove the six dates that came up positive on the scram is not true. From what I’m hearing no one is considering my hair follicle test that proves I did t drink anything. I gained my entire life back and good things I didn’t have while drinking after coming home from rehab and this stands in the way of me losing everything. I just got my job back and now I can’t work because I have a warrant for this smmfh?.
ATTENTION THOSE OF YOU GETTING FALSE POSITIVES FROM THIS DEVICE: It may be in your best interest to go get an “ETG” (alcohol) hair follicle test. These particular toxicology tests are clinically proven to be more accurate than urine analysis and they can go back as far as 90 days which would be sufficient to fight the allegations of a faulty SCRAM device. Please be proactive in fighting to prove your sobriety because it is blatantly obvious many agencies/companies are cashing out on the misfortune of others and the system is not set up to act in your best interest no matter how long you’ve been sober. If all else fails, seek an attorney and/or reach out to the ACLU or other nonprofits that stand up for the civil rights of those being beaten down by the system unjustly.
Get an ignitor off of an old hot water heater (red button) and zap that metal part that touches your leg a bunch of times. They will call and tell you its malfunctioning lol. Worked for me!
F THE POLICE!
I HAVE HAD MY SCRAM ON FOR 10 DAYS AND ITS SHOWN 3 FALSE POSITIVES! I HAVEN’T TOUCHED ANY ALCOHOL! I’M WONDERING IF A PROPANE TANK CAN CAUSE THIS!
Why hasn’t anyone took the challenge and fought back!! This is corruption! My mother is having the same issue. They made her “admit” she did drink the first time in order to get little time instead of possibly facing 20+yrs
I went to jail for 120 days for taking cough drops! I admit the cough drops had methanol but being the first time having this tether, it was an honest mistake but sure paid a high price for it!
Someone needs to stop this once n for all!! This is bs!! SCRAM IS A SCAM!
It is a total scam! I’ve been accused 6 times and now I’m looking at more jail time! I agree that they are in it for the f***ing $$$!!!
My daughter was forced to wear this monitor to avoid supervised visitation for sometime .It claimed she showed 3 positive reading while working .Shes a bartender.
Anyone still having issues with this system .
Having lots of issues and I’m a bartender also. There was a reading while I was working as well!
I have had the scram braclet for about three weeks now they said I have had a false positive 4 times and they charge me 100 dollars every time it comes back ….it is crazy and I am going to fight this …I will got to prison for a long time
I just had a positive result for consumption on my scram tether notified 5 days after testing positive so I went and had hair follicles tested came back negative still being punished by the probation is there any way or information I can join this class action lawsuit and what are my options
Same here. I paid 400 for a hair follicle etg. Plus 50 every other day for urine etg, the judge wouldn’t except it and gave me a county year. Now I’ve been out 4months and there trying to say I have more alerts. I do not drink. I dont need to. My next stop is prison. For something I didn’t even do. I’m going down fighting, again. I’m tired of this.
Wow how many DUI have you had the scram braclet is bullshit …it has given me 4 false positives …in 3 days ….
Where are the lawyers in this class action lawsuit what exactly is going on and does anybody know how to contact them or where to go for help
My husband has a scam bracelet on. It has been 3 months now and all of a sudden it has 4 claims of alcohol. 3 of the times he has been at work and he works in a prison so he would not be able to there. And the other time we were out in about getting items for our store with no alcohol around us. He has taken pride in not drinking bc he did have a drinking problem. Bur is currently in counseling and has the bracelet. They are threatening him with going back to jail and taking his bond away. What can I do.
According to the articke and the bottom the case was dismissed.
Does anyone know where mike Puente of Midwest Justice in Olathe, ks is? He sold the company in January and walked out the door
I too have had scram for 2 Months now and this is the second time first time exposure now consumption I work at gas station I am very careful of what I eat,wear, shower with …last alcohol drink I ever had was in January of last year. I could possibly be loosing my children and face jail time, something is very wrong with this
This is happening to me. I have only been on the device two weeks and have already gotten 3 calls about “violations”. This entire company is a scam. I can’t believe the courts actually use this company when people’s lives are at stake, without proper vetting. The manufacturer literally has run all this amazing “TESTING” they brag about. A high-school senior could read right through this facade.
But it’s all about saving money for SCRAM and the courts. The courts don’t care about you if you have a drug or alcohol problem. You are scum and they don’t care what happens. Just one of many reasons our criminal justice system in the U.S. is a joke.
I found out a convicted drug dealer is over a SCRAM Monitoring company.
I’m glad you were able to find out that information about who is behind the SCRAM monitoring company. It seems to be pretty much the case with anything involving ignition interlock devices or having to fightduicharges today, everyone has to do their own research before paying more money so quickly to any of these alcohol monitoring device companies.
Mine just quit, sold to another company and none of them EVER filed a report with the court, can I sue?
I’ve had to wear a scram monitor for over 6 months now and this is not for a criminal case! My daughter’s father sued me for custody of our daughter. He alleged that I was “on drugs” and an alcoholic. I passed the initial hair follicle test (that he paid for) and continued to take drug test at a lab on my dime, all with no positive drug results.
After it was proven that I wasn’t a drug addict, he continued to go on about how I was convicted of a DUI when I was 21 years old (over 10+ years ago and LONG before my daughter came along) the judge ordered that I get a scram device in order to see my daughter. Well after a few weeks the monitor said it detected alcohol and my daughter was immediately taken from me and her father got 100% temporary custody. 6 months later… I still have only supervised visits with my daughter and I’m required to wear and pay for the stupid thing that was wrong in the first place!