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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
This is a clear constitutional violation and need to be challenged on every level
If anyone wants to start a class law suit, I am on it. We have to stop these people, they are making money and put in people on jail, courts giving more time with this faulty devices. we have to make sure to check those readings. On my side, they had two readings that make no sense. One of them dropping .885 in 30 min and the other one .993 in 30 min. In one hour and a half I dropped .198 that is impossible. Many studies says ” a person can drop 0.015 per hour but not .198 in one hour and a half. To drop .198 it takes a least 14-16 hours to eliminate most of the alcohol. Please contact me if you want to take this to a next level. mendiola_1st@ hotmail.com
Please give me a email back I was on the scam bracelet and once the judge wave my fees and said the county would be in charge of paying all my fees that got alternated all of my paperwork and convince my probation officer to lock me up for a lie he told on me I have all my paperwork that he gave me to show the judge he’s dancing a false one to the probation officer after the judge agreed for me to do two more months and they would take care of the payments this is going on in Raleigh North Carolina
I am so happy to see that someone is taking action against SCRAM Although in theory I think it’s a great rehabilitation program that does work it does have too many problems to attach to an individuals freedom. I myself went through my own challenges when I was forced to wear the bracelet prior to my DUI conviction. After 42 I was accused of tampering and then a false positive. I was put in jail where my only option was to make a plea with the DA which resulted in another 90 days. And I had to plead guilty to the DUI I was fighting. I was being charged $14/day after a $150 registration and I had to install a landline in my home. When I did the second 90 days I also installed cameras in my house to capture everything I was doing so I had evidence of my behavior in the event I had another false positive. It was a very stressful time in my life. I was told by the court if there was another positive result from the bracelet I would be put in jail for 4 months. Five years later and the memories from that time still are very traumatizing.
I haver had the same problem over the course of the last year and a half. I think i have had 10 possitive alcohol events. After each event i went in to an independent lab and paid for an ETG alcohol urine analysis test and have had clean results each time. The scram facilitator claims that some of my tests were not soon enough after the event to prove my innocence, but i took them as soon as i was notified of the violation. Now i am in jeopordy of having my bond revoked and finishing my case in custody!
I am currently pregnant with a alcohol monitor . I haven’t drank over a year and my ankle monitor said I consume alcohol. I don’t drink at all but how can I prove that I wasn’t drinking . The judge humiliated me today in the court room saying that he has no doubt that I have been drinking because of the stress I’m going through . Which that is not true and now I have to give birth to my daughter and on February 14 I have to turn my self in all because of this false positive result. This is so unfair . I don’t wanna leave my daughter for something that’s not right . I would never drink knowing I’m pregnant and I can harm her .
That’s terrible…I’ve had the scram bracelet on for about 40 days and get it taken off in a few weeks and all of a sudden they reported I consumed alcohol for 12 hours straight and I’m thinking I pay all this money to even have this on so why would I drink and risk going to jail I called the main office in my area and asked the lady how is it possible and she said watch what you eat or products you use but I’m still violated on probation and have court on the 14th as well smh
I think your the one my Daughter was telling me about. She had read your comment. My Daughter hasn’t had a drink in over a year like 14 months. She was court ordered to wear the scram ankle monitor for 3 months, at the end of the 3 normal sober reading months she went so she thought to get it removed ! Probation told her that if she kept it on until her court hearing it would look good for her with the judge from that very moment she has had a number of false positives. That was a year ago. she has been sober for over a year. She has a breathalyzer in her vehicle also she was able to show that when the scram said she was drinking for 12 hours her vehicle shows sober. That’s when she was told anyone could blow into that to start her vehicle. So I guess she is supposed to be keeping someone with her that has nothing else to do all day everyday ever so eager to blow into the vehicle monitor. There is also a house arrest monitor they want to put on her for a month to start then a false positive is costing her longer. They were going to have her wearing both at the same time but keep putting it off. I think it’s so after the alcohol scram starts to looking like what it really is about they switch it up. This has got to be the worst form of legally robbing people as well as causing serious damage to a person that has busted their world to push forward while trying to hold their job maintain a roof over their head put food on the table and clothes on their children’s back keep them in their sports, put gas in the car pay bills all while knowing you are sober and staying sober and the courts are calling you “an adult” that made one mistake excepted your punishment not once slip up an they call you a liar in front of a room full of people taking down to you while knowing 100% they are committing a crime a horrific crime of mental, emotional, financial, damage. Destroying families financial destruction. I’m so sorry for everyone here. I’m so frightened fir my daughter. She could lose everything depending on what they decide. Something has to be able to be done
We have to open another class law suit. I have found that I am on the issue but we have to check those readings because I have found false readings that it says that I had .28 and the next 30 min, I had .195 I can not lower .885 and 30 min. I did some research and we can lower every hour .015 so we have to check those readings.
We have to open another class law suit. I have found that I am on the issue but we have to check those readings because I have found false readings that it says that I had .28 and the next 30 min, I had .195 I can not lower .885 and 30 min. I did some research and we can lower every hour .015 so we have to check those readings.
I would definitely get some legal counsel anything to try to help you through this.
I’ve been having the same issue. 2 confirmed consumptions and a tampering, along with a couple “unconfirmed” flags.. Absolutely NO alcohol ingestion. I’ve had the bracelet on since October 5th, 2021..
I don’t know what I’m doing that is causing this to happen, but the fact that I am a single mother and if I get arrested my kids will be taken is NOT ok when I’m NOT DOING ANYTHING.! if they have all this technology to detect alcohol consumption in the first place, how is it not able to tell whether I wrote to much perfume, used to much hand sanitizer, or drank a 6pack??
I’ve been cutting various things out (mouthwash, random sanitizers, wearing my regular perfume) but STILL this keeps happening! And at random times to. One of them being “10pm-1pm the next day” my levels were high?? Like, what?? First of all- I was sleeping during a chunk of that time, second, HOW?? Im not ok with my kids being ripped from their home and placed with a stranger over a piece of electronic equipment malfunctioning it’s readings!! Again- THIS IS.NOT.OK!!!
I had a similar event happen while traveling. I think it was the chemicals they use on the plane as well as the strong detergents on the bedding in the airbnb. I am voluntarily using the anklet and was really upset when they just refuse to troublshoot with you and assume you drank. I feel terrified for those of you who are court ordered. Also, I think the device is causing me headaches but I can’t find a lot of reference to that, just a few mentions….Good luck to you, I’m sorry you are going through this
Did anyone help you ?
I have not had a drop of alcohol while wearing this and I’m getting screwed! My bond is revoked. Warrant with no bond! Two false positive and tampering! I need to know what to do as soon as possible!!
Ashleyrose11711@gmail.com
Happening to me too, something needs to be done.
I’ve had this scram thing on since 9april,2021. I’m required to get it read every 9 days. Today was the second time,and was told I’ve.”high numbers”. I have not had any alcoholic beverages since I’ve had this thing on my ankle,and they are saying I have. How and what is the best way I can prove it to them I’m not drinking!!!!
Omg! I’m in Texas and same thing. I have two false positives I haven’t consumed alcohol in 90 days. I was advised of a hair
Follicle ETG test.
I’ve had this scram thing on since 9 april 2021. I’m required to get it read every 9days I’ve been twice now. Today being the second. Both times I’ve been told I have “high numbers”. Meaning I’ve been drinking. I’ve not been drinking at all!!! What is it with this thing?? It’s a f***###liar!!! What is the best way I can prove this thing is wrong?
Hello my name is Courtney. I know exactly what you’re going through. I got this SCRAM monitor in august and it showed alcohol usage. My bond was revoked but also reinstated. Fast forward another week and my bond was revoked again. I spent 71 days in County Jail until I got another bond. Leaning on today my bond has now been revoked again. It keep showing confirmed alcohol consumption. I have token drug test that shows I am not drinking. The device is very faulty and I don’t want to be accused of what I haven’t done . I volunteered to the courts to ask if I can be tested ever other day as well as be contacted within 24/48 hours of alcohol detection from my monitor and I was denied due to the fact of them being overwhelmed with their work load . I have been trying to be proactive with watching everything I do even during the pandemic. I have token a drug test and paid for it out of pocket to confirm I have not had my alcohol and I’m hoping in good faith that my judge will accept this. Has anyone gotten any help?
I had the same problem with false positives. I had no problem with the bracelet for seven months other than malfunctions. When cleared for work from hip replacement and driving an off road fuel truck my bracelet began going off during my exact work hours. Probation called me in and took me directly to jail without doing a urine test but a breathalyzer. The jail did a urine test and I was negative. The judge released me a week later however it took another week for paperwork to get to the jail and released. I was out again and back on scram and bracelet began going off again but this time was a tamper. I believe I have a plastic allergy because the bracelet caused horrible rashes that were very painful. The infrared beam will not read through damaged skin and shows tamper. I was jailed again for two months this time nearly losing everything. I passed a urine test again at the jail, my house was completely searched by two probation officers. Not a drop of alcohol or bottle cap found. The best thing I did was writing the judge and letting him know about the 12 bracelets I wore in just 8 months. As well as all the treatment I have done and the accomplishments I have made and nearly lost. The judge removed the bracelet, credit for time served and i am now sentenced to house arrest with work release. Fuel has alot of ethanol in it, and if you do spill it on you the rate of evaporation looks like the rate of consumption they show with their graphs. A scram tech himself told me these bracelets are just like any other device( cell phones computers cars or appliances) they malfunction all the time. People need to keep track of the maintenance done for they do not let the courts know these malfunctions. Scram has you sign your rights away. If scram is offered i would request a monetary bond if possible. These devices are horrible you CANNOT be around any form of ethanol which has been difficult with covid 19 around. All of our equipment is sprayed with a 60% alcohol solution several times throughout the day. Goodluck
Please contact me I am wearing one right now that has sent false positives several times and it’s about to have me locked up. I have taken multiple hair and blood test to prove I haven’t drank a drop. I’m looking for an attorney now and more people to join suit with me!
I have had multiple false positives & I want to sue anyone & everyone I can.
HI Arthur,
I would like to please discuss with you further on your SCRAM experience. I have been on scram now for 14 months and it has had 3 false positive readings and is damaging my situation even further. Id love to talk with you about your situation please if you can.
My name is Seth
sethcash@hotmail.com
I have been on Scram for 17 months and just now had the bracelet go off. It said that I had been drinking all weekend! I went to dinner once and other than that I was home with my family at my house. NOT A DROP of alcohol entered my system. They have a policy of not allowing you to see the chart that shows your supposed levels unless your lawyer demands . I had a woman at the center get very upset with me for not paying and following up with my payments on time and boom. After 17 months, the bracelet goes off. And what’s more? It goes off the day after I went in and they switched my bracelet. The very next day it goes off in the middle of the afternoon. And matches up perfectly with my work schedule… of course they asked me for my detailed schedule before they told me there were any confirmations. And was anyone else told they would be brethlyzed or had their blood tested if there was a mistake? Ya what happened to that?