Three plaintiffs have filed a class action lawsuit against the Minnesota Department of Public Safety and the manufacturers of interlock devices claiming that they were not informed that the interlock devices they were required to install had GPS tracking capabilities.
According to the interlock class action lawsuit, the Minnesota Ignition Interlock Device Program allows drivers who have been convicted of DUI or other alcohol-related driving offenses to keep their driving privileges if they install an interlock device that requires the driver to take a breath test before operating the vehicle. The interlock device will prevent the vehicle from starting if the person’s alcohol concentration is too high.
The Department of Driver and Vehicle Services, a division of the Minnesota DPS, reportedly oversees the process by which the manufacturers of these breath alcohol ignition interlock devices (BAIIDs) are certified as vendors and requires them to meet certain standards, according to the Minnesota interlock device class action lawsuit.
DVS and DPS reportedly require the manufacturers of the interlock devices to collect and store the personal information of participants of the Minnesota Ignition Interlock Device Program on a website platform which allows DVS, DPS and the manufacturers to monitor the participants to ensure they are in compliance with the program. Participants who fail to comply with the rules are subject to administrative sanctions, the interlock class action lawsuit states.
The plaintiffs assert that, as part of the 2016-2017 certification process for the Minnesota Ignition Interlock Device Program, DVS required the interlock devices to be equipped with GPS devices that allow DPS and DVS to collect participants’ real-time locations.
“The collection of participants’ real-time location data is entirely unnecessary to the implementation and administration of the Ignition Interlock Program,” the Minnesota interlock device class action lawsuit states. The plaintiffs assert that their private information was “needlessly collected and carelessly managed in violation of the Minnesota Government Data Practices Act.”
Further, the plaintiffs argue that they did not agree to having their locations tracked via GPS when they agreed to the interlock program as part of their sentences. According to the interlock tracking class action lawsuit, it is not clear that this GPS data is being stored with adequate protection.
By filing the interlock tracking class action lawsuit, the plaintiffs seek to represent a Class of: “All Ignition Interlock Program participants and lessees of GPS-capable BAIIDs from which the DPS collected, obtained, accessed, viewed and/or disclosed Plaintiffs’ and Class members’ private information.” The plaintiffs also seek certification of three subclasses based on the brand of interlock device: a Smart Start subclass, an Intoxalock subclass and an Alcolock subclass.
The plaintiffs have asked the court to declare the “real-time reporting” requirement in the 2016-2017 certification program unenforceable and to permanently enjoin DVS from enforcing the requirement. They have also asked the court to grant any other relief, including costs and fees, that are deemed appropriate.
The plaintiffs are represented by Daniel J. Koewler of Ramsey Law Firm PLLC and Timothy Becker of Johnson Becker PLLC.
The Interlock Device GPS Tracking Class Action Lawsuit is Andrew Carufel, et al. v. Minnesota Department of Public Safety, et al., in the District Court of the State of Minnesota, County of Ramsey.
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12 thoughts onMinnesota Interlock Class Action Says Participants Didn’t Consent to GPS Tracking
A DMV representative told me that “you must sign up for a DUI class AND you must get the Intoxalock / Interlock device installed NOW to get the ball rolling to get your license back.” Both the DMV representative AND the Intoxalock / Interlock mechanic failed to inform me that the Intoxalock / Interlock “clock” would not start until AFTER the install-certificate was turned into the DMV. The Intoxalock / Interlock mechanic failed to properly fill out and date the form required to receive the interim driver’s license to start the clock on the required time on the Intoxalock / Interlock, as given by the DMV. The time it took to go back and forth with the inept mechanic to get the correct paperwork (which must be EXACT, including a notary stamp; A very specific form only receivable by snail mail which ended up taking several MONTHS) was wasted on the unnecessarily installed Intoxalock / Interlock while it was nonetheless being paid for its use, and the rules of use adhered to immaculately…. all 100% wasted time and money due to negligence on the part of the DMV and the Intoxalock / Interlock mechanic. I would happily join a class-action suit against Intoxalock / Interlock.
I’m going through the same exact thing, my probation is almost over and should becc bc able to drive. But apparently my time hasn’t even started yet but I’ve been paying for it the whole time an don’t count. That is a lot of wasted time and money
My son has had this device on his car for 2 years every time its reviewed they say he missed a rolling blow. He has had them fix it multiple times and tells him it doesn’t notify him and they “fix” it finally this January they replaced part of it and its so loud it scares him but he hears it they have now extended his sentence to April almost 2.5 years of having the device. He has never failed for alchohol or been late to any reviews this company is a fraud and they are stealing from him. I am desperate for help no one will help get this off his car. I have personally called smart start and they don’t care, the Department of motor vehicles is aware of the issue and say there is nothing they can do and they hate it but no one is doing anything.
I reside in Arizona. I was convicted of a DUI for THC and there was no intoxicating liquor involved. I would like information on beginning a class-action lawsuit and would also like to know if anything at the Federal Court level can be done when class action suits are filed against the same company in multiple states.
There’s 65 ways to bring these people down. I want to start gathering the needed information to get into the courtroom
I reside in CA and Intoxalock is in Iowa & they have several locations I installed the device in September and of course I signed a contract including my Social Number and device agreement. At the moment I have been receiving Solicitation from there one of there facilities which I believe they are giving my social to them and other information which I think its not acceptable. In order to start my car I have to puff a short blow into device then start car. While driving on traffic machine reminds me I have to blow and Its high beeping to blow its a risk to get into accident I believe machine should know its a distraction. Is there a settlement against the company?
Hi, I have the device and many complaints, how do I join the lawsuite are how can I startone?
I’m in whatever it takes they have been purposely draining my car battery so they can collect a 70 dollar reset fee.. even with a tech on the phone helping me trouble shoot a run wire warning I did as the technician on the phone instructed and put me in a complete lockout I was informed they could not reset my device then offered me a roadside assistance package which adds on another 5 dollars a month to my bill. I stewed on this for two days then called them this a.m. demanding they pay for everything involved with the tow the reset and what I knew of thier scam to collect these 70 dollar reset fees and I was contacting my attourney.. they reset my device parked in my driveway. They are doing this to our vehicles to collect more. I not only want to take them down but bring the government in on it as well. It’s going to be US and The state of MN vs. Intoxalock
I have not been convicted or charged with a DUI, yet part of the bail agreement was to carry a personal breathalyzer device and test 3 times a day. Which I have an app installed on my phone which connects through bluetooth && LOCATION, which uploads videos to the owner of the device but why I am having to report to him? Im not on probation, hes not a probation agent. They seized my plates, yet I am classified as a guilty party already and have not been convicted or charged. Im taking my case to trial.
I live in MN and was not told about the gps tracking and was also charged more than I should of been.
I have not been convicted of DUI but I think I was recommended by my lawyer to get my license back right away and the device installed in my vehicle I only recently got my license back and the device has been installed for almost 2 months I was not made aware of GPS tracking either can I become part of this class action lawsuit after the fact
I have a smart start from Texas now reside in Wisconsin. How do I know if mine is GPS equipped ?