Allison Turner; Allen Scioli, individually, and on behalf of all others similarly situated v. BI Mobile Breath Inc.; B.I. Incorporated; Soberlink Healthcare LLC
NOS: Other Fraud
(Southern Division – Santa Ana)
Class action for violations of the Consumers Legal Remedies Act.
Defendants market and sell several models of breath alcohol testing devices.
Unlike traditional breath alcohol testing devices, defendants’ Testing Devices allow third-parties to monitor a Testing Device user’s alcohol consumption remotely because the Testing Devices are portable, automated, and upload results to the internet in real-time.
In marketing and selling their Testing Devices to monitoring companies and consumers, defendants portrayed, and continue to portray, their Testing Devices as being admissible and certified by the courts and by the US Department of Transportation. Contrary to these claims, the Testing Devices are generally not admissible at trial and have been deemed unreliable in court.