I have to say, I don't know where the stats are coming from, but I've never once had issue with my SPOT not sending a signal out. I do, however, follow the direction and leave the thing out with as good a view of the sky as I can for at least a half hour after sending the message.
That being said, I think that the policy on not setting out to check up on folks just because a family member didn't get a check in message seems pretty common sense, and I'm surprised such a policy has not already been implemented.
I'd be pretty upset with my family for pulling something like that, anyway...