Exhibit 1 to the Chestnut Declaration — Bofa Ca Unemployment (Dkt. 84.5)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 84-5 · 2021-10-01 · Docket on CourtListener

Full text

Exhibit 1 
Case 3:21-md-02992-GPC-MSB     Document 84-5     Filed 10/01/21     PageID.616     Page 1
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By using or allowing another to use your California Employment Development
Department Debit Card, you agree to be bound by the terms and conditions of this
California Employment Development Department Debit Card Account Agreement
(“this Agreement”). This Agreement discloses the terms and conditions of your
California Employment Development Department Debit Card and you are not entitled
to any rights or benefits given to deposit account customers or debit card holders at
Bank of America, N.A. unless such rights or benefits are contained in this Agreement.
Please read this Agreement and the enclosed Fee Disclosure and Other
Important Disclosures (“Fee Disclosure”) carefully and keep it for future
reference. In this Agreement: “Account” means the account accessed by your Card;
“Card” or “Government Prepaid Debit Card” means the Government Prepaid Debit
Card issued by us on behalf of California Employment Development Department
(“EDD”) to enable you to receive Unemployment or State Disability Insurance
benefits to eligible recipients, “you” and “your” mean the recipient to whom we
issue a Card or his or her legal representative; and “we”, “us”, and “our” mean Bank
of America, N.A.
1. General Information.
General Account Information. Your Account is funded by the EDD with
deductions for transactions and fees as more fully described in this Agreement.
No interest is paid on the balance for any period of time.
Individual Accounts Only. Each Account is individually owned by the recipient
who receives payments from the EDD. No joint ownership of an Account is
permitted. You may have only one Card for each Account.
Accounts are Not Transferable. Your Account is not transferable to any other
person. We reserve the right not to acknowledge or accept attempted pledges
or assignments of, or purported security interests in, your Account.
Business Days. For purposes of this Agreement, our business days are Monday
through Friday, excluding bank holidays.
2. Deposits to Your Account and Funds Availability.
Funds Added to Your Account. Deposits to your Account may only be made
by the EDD. We will add funds to your Account only (a) in accordance with
instructions from the EDD or (b) to remedy an error made by us or by someone
who has accepted your Account. For information on the amounts and scheduled
dates of additions to your Account, please contact the EDD. Once funds are
properly deposited, the EDD has no rights to any funds in your Account, except as
otherwise provided by law or the rules of the network used to make the deposit.
When Funds are Available for Withdrawal. Funds are available for your use
on the day we have been instructed by the EDD to fund your Account. Once
the funds are available, you may make the transactions described below. Funds
received by us may be delayed for a longer period if there is an emergency, such
as failure of computer or communications. We will notify you if we delay your
ability to make transactions as a result of an emergency and we will tell you
when funds will be available.
Overpayments and Reversals. If funds to which you are not entitled are
deposited to your Account by mistake or otherwise, we may deduct these
funds from your Account. If there are not enough funds, we may overdraw your
Account. We can do this without giving you any prior notice or demand.
“Freezing” Your Account. If we suspect irregular, unauthorized, or unlawful
activities may be involved with your Account, we may “freeze” (or place a hold
on) the balance pending an investigation of such suspected activities. If we
freeze your Account, we will give you a notice required by law.
3. Transfer Types and Limitations. 
Account Access. You may use your Card to:
(1) Pay for purchases at places that have agreed to accept the Card as
described below.
(2) Withdraw cash from your Account including by way of Emergency Cash
Transfers as described below.
(3) Transfer funds from your Account to a checking or savings account owned
by you in the United States whenever you request as described below.
(4) Pay bills directly [by telephone] from your Account in the amounts and on
the days you request
Some of these services may not be available at all terminals.
Purchases. Your Card bears the Visa® symbol on the front face. Your Card
may be used for purchases at merchants who accept Visa debit cards at a
point-of-sale (“POS”) terminal. Visa transactions may be made by presenting
your Card and signing the receipt. You may also use your Card for purchases
at POS terminals that require a Personal Identification Number (“PIN”).  Some
merchants will accept a transaction for an amount greater than the goods or
services purchased and will refund the difference to you in cash.
Use at Cirrus® or Visa Automated Teller Machines. Your Card may be used for
transactions at Cirrus or Visa Automated Teller Machines (“ATMs”) to make cash
withdrawals or balance inquiries requiring a PIN.  See the Fee Disclosure for fees
which may apply to ATM transactions. Most ATMs require that cash withdrawals
be made in multiples of a dollar amount (e.g. $10 or $20). In addition, some ATM
operators have maximum amounts that may be withdrawn at a machine in one
transaction. Many merchants limit the amount of cash that may be obtained in
connection with a purchase transaction.
Obtaining Cash. Offices of financial institutions that accept Visa cards, including
Bank of America banking centers, will accept your Card for obtaining cash.
Online Funds Transfer. Your Card can be used to transfer funds online to
a checking or savings account owned by you in the United States, subject to
certain restrictions. This type of transfer may only be requested online via
the Internet at www.bankofamerica.com/eddcard. Once funds are transferred,
you will not be able to have the funds returned to your Account if the routing
number or account number you provide for your checking or savings account
is not correct.
Emergency Cash Transfers. You may obtain cash at a Western Union location
in the United States (“Emergency Cash Transfer”). All Emergency Cash Transfer
requests must be initiated through the Bank of America California Employment
Development Department Debit Card Service Center (the “Service Center”).
All requests for Emergency Cash Transfers are subject to the Emergency Cash
Transfer Fees stated in the Fee Disclosure. All requests for Emergency Cash
Transfers are subject to Western Union guidelines which could vary by state
and could include certain dollar limits, identification requirements and other
restrictions. If you request an Emergency Cash Transfer, you agree that we have
no liability for any losses or damages that you may suffer arising out of any
action, non-action or delayed action on the part of Western Union or its agents
or any other third party.
Limitations on Frequency of Transfers. You may withdraw up to $1,000 from
any ATM each 24-hour period using the Card.  For security reasons, there may be
limits on the amount, number or type of transactions that you can make using
your Card, and we may restrict access to your Card if we notice suspicious activity.
4. Additional Account Agreements.
Account Alert Service. You may sign up online for text or email alerts (the
“Account Alert Service”) to the mobile device or email address provided by you.
Text or email alerts are dependent upon users providing a valid and current
Internet email address or valid mobile device phone number. You can set up alert
messaging options online at www.bankofamerica.com/eddcard. After signing up
for the Account Alert Service, you must respond with an appropriate code to an
alert sent to your mobile device (double opt-in) in order to begin receiving text
message alerts. If you do not respond with the code provided in the alert, the
Account Alert Service is not authorized. Each message references the last four
digits of the Card for which the alert is sent. To change your alert messaging
options or to discontinue the Service, go to www.bankofamerica.com/eddcard.
If you sign up for the Account Alert Service, you agree that we may send you text
alerts through your wireless service provider. We do not charge for the Account
Alert Service, but you are responsible for all charges and fees associated with
usage of email or text messages imposed by your Internet, wireless, or cellular
service provider(s).
Depending on the timing and the delivery mechanism, your balance may
not reflect your most recent transactions. We assume no responsibility for
transactions that may affect your balance after daily processing.
You understand and agree that the information provided to you by email or text
alert is provided “as is” without warranty of any kind, either expressed or implied,
and that we assume no responsibility for the timeliness, deletion, misdelivery,
errors in the content of any email or text alerts or failure to store any user
communications or personalization settings. In no event shall we be liable for
any special, incidental, indirect, or consequential damages of any kind, or any
damages whatsoever resulting from loss of use, data or profits, whether or not
advised of the possibility of damage, and on any theory of liability, arising out of or
in connection with the use or provision of this information.
The Account Alert Service can be terminated if we determine that your mobile
device or email address does not support delivery of alerts, or if you have de-listed
your mobile device or email address. In addition, we reserve the right at any time
and from time-to-time to modify or discontinue, temporarily or permanently, the
Account Alert Service (or any part thereof) with or without notice.
Refunds and Merchant Disputes. You do not receive cash refunds for returns
of merchandise or services purchased using your Card. When a merchant gives
you a refund, it is made on a credit voucher and will appear in your next monthly
Account statement or in your Account history. You must settle any disputes you
have about the goods or services directly with the merchant. We are not liable for
any misrepresentations that a merchant makes about the goods or services you
purchase with your Card, or if a merchant for any reason refuses to accept your
Card or fails to abide by the applicable network rules governing your Card.
Legal Transactions. You agree that you will only use your Card for transactions
that are legal. For example, Internet gambling transactions may be illegal in your
state. Display of a Visa or other logo by an on-line merchant does not mean that
the transaction is legal where you conduct it. You agree that we may decline
transactions we believe may be illegal or in violation of the applicable network
rules. You also agree that if we do not decline the transaction, we may charge your
Account and we are not liable to you if you engage in an illegal transaction.   
ATM Safety. Please refer to the safety tips for using your Card at ATMs found on
the mailer that came with your Card.
5. Your Responsibility for Authorized Card Account Use and Negative Balances.
Use of Card and PIN. Your Card and PIN are provided for your use and
protection and you will:
(a) Not disclose your PIN or record it on your Card or otherwise make it
available to anyone else;
(b) Use your Card, your PIN and any ATM only as instructed;
(c) Promptly notify us of any loss or theft of your Card or PIN; and
(d) Be liable for the authorized or permitted use of your Card and PIN.
Authorized Use of Card. If you authorize someone else to use your Card or PIN,
you will be responsible for any transactions initiated by such person(s) with your
Card or PIN. Transactions will be considered unauthorized only after you notify
us that the person is no longer authorized to use your Card.
Negative Balances. The amount available on your Card will be reduced
by the amount of your transactions plus applicable fees. There is no
overdraft/credit feature on your Account. However, if a negative balance
does occur in your Account, you agree (a) that we may take the amount of the
negative balance from subsequent additions to your Account or (b) to pay us on
demand the amount of the negative balance.
6. Bank Fees.
Fee Disclosure. Bank fees associated with your Card are listed in the Fee
Disclosure. These fees are imposed by us and retained by us. When you use
an ATM not owned by us, you may be charged a fee by the ATM operator or any
network used (and you may be charged a fee for a balance inquiry even if you do
not complete a fund transfer).
Payment of Fees by You. You agree to pay all fees listed in the Fee Disclosure.
Fees will be taken from the balance of your Account as they occur. The EDD may
not charge you any fees in connection with your Card or your Account.
Foreign Transactions/Fees. If you use your Card to purchase goods or services
in a foreign currency or in US dollars with a foreign merchant or to obtain currency
from an ATM or an office of a financial institution in a foreign country (a “Foreign
Transaction”), we will assess an International Transaction Fee. Please note that
Foreign Transactions include U.S. internet transactions made in the U.S. but
with a foreign merchant. If the Foreign Transaction is made in U.S. dollars, the
International Transaction Fee will be the percentage of that U.S. dollar amount
as disclosed in the Fee Disclosure. If the Foreign Transaction is made in a foreign
currency, Visa or Mastercard will convert the transaction into a U.S. dollar amount,
and the International Transaction Fee will be the percentage of that converted U.S.
dollar amount as disclosedin theFee Disclosure. Any International Transaction Fee
will be shown in the transaction section of your monthly Account statement or
in your Account history.  The currency conversion rate used by Visa will be either
(1) a rate selected by Visa from a range of rates available in wholesale currency
markets for the applicable central processing date, which rate may differ from
the rate Visa receives, or (2) a government-mandated rate in effect for the central
processing date. The currency conversion rate used by Mastercard will be either (1)
a wholesale market rate selected by Mastercard, or (2) a government-mandated
rate. The rate used by Visa or Mastercard on the processing date may differ from
the rate on the date of your transaction.
7. Right to Receive Documentation of Transactions
a. Terminal Receipts. You usually can get a receipt at the time you make any
transaction with your Card at an ATM, teller or POS; except that you may not get a
receipt if the amount of the transaction is $15 or less. ATM receipts are not final
because each transaction is subject to verification by us. If the receipt and our
records conflict, our records will govern.
b. Preauthorized Credits. You can call us at 1.866.692.9374, 1.866.656.5913
TTY, or 423.262.1650 (Collect, when calling outside the U.S.), to find out whether
or not a direct deposit has been made.
c. Delivery of Statements and Notices. If you request to receive your monthly
Account statement by mail, we will deliver it to the last address we have on
our records for you.  [See the Fee Disclosure for the fee for receiving monthly
Account statements by mail.]  You agree to notify us promptly, in writing, at the
address listed in Section 11 below, of any change of address or you may change
your address online at www.bankofamerica.com/eddcard. If you receive your
monthly Account statement by mail, you may request that rather than receiving
it by mail, you may review it electronically. If you wish to do so, you may make
this request online at www.bankofamerica.com/eddcard or you may contact the
Service Center at the address or phone number below. 
CARDHOLDERS WHO DO NOT RECEIVE MONTHLY
ACCOUNT STATEMENTS BY MAIL
Access to Your Account Information. You may obtain information about
the amount of money you have remaining in your Account by calling
1.866.692.9374, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling
outside the U.S.). That information is also available when you make a balance
inquiry at an ATM.  This information, along with a 12-month history of Account
transactions, is also available online at www.bankofamerica.com/eddcard.
You also have the right to obtain a 24-month written history of Account
transactions by calling 1.866.692.9374., 1.866.656.5913 TTY, or 423.262.1650
(Collect, when calling outside the U.S.), or writing to us at: Bank of America,
P.O. Box 8488 , Gray, TN 37615-8488.  You will not be charged a fee for this
information unless you request it more than once per month.
Prompt Review of Account Information. You agree to promptly review your
Account information and to notify the Service Center at the address or phone
number above at once if any Account information shows transactions that you
did not make or authorize. Section 11 below has more specific information
about disputing transactions, fees, or errors.   
CARDHOLDERS WHO RECEIVE MONTHLY
 ACCOUNT STATEMENTS BY MAIL
Monthly Card Account Statements. Upon your request, we will provide you
with an Account statement monthly for every month in which your Account is
open. The statement will include information about the transactions you made,
deposits, fees and adjustments to your Account. A fee may apply to receive a
monthly paper statement.  For more information see the Fee Disclosure.
Prompt Review of Statements. You agree to promptly review your monthly
Account statements and to notify the Service Center at the address or phone
number above at once if any statement shows transactions that you did not make
or authorize. Section 11 below has more specific information about disputing
transactions, fees, or errors shown on your monthly Account statement.
8. Claims by Third Parties Against Your Account.
Claims or Disputes by Third Parties Concerning Your Account. If a third
party makes a claim against funds in your Account, or if we have reason to
believe there is or may be a dispute over matters such as the ownership of your
Account or the authority to withdraw funds, we may, in our sole discretion and
in accordance with applicable state or federal law (a) continue to rely on current
enrollment forms or other Account documents, (b) honor the competing claim
upon receipt of evidence we deem satisfactory to justify such action, (c) freeze
all or part of the funds until the dispute is resolved to our satisfaction, or (d) pay
the funds into an appropriate court of law for resolution.
Liens and Attachments. Following receipt by us of any notice of lien, process
in attachment, garnishment or other proceeding relating to you or your Account,
we are authorized, without notice to you, unless otherwise required by law, to
withhold transfer of so much of the balance of your Account as may be the
subject of such notice or process, and to pay such amount to the court or creditor,
in accordance with applicable state or federal law without responsibility to you
for such withholding or payment or for refusal to honor transfers made by you.
9. Bank of America’s “Zero Liability” Policy for Unauthorized Transactions.
Federal law (described in the section below entitled “Regulation E Liability
Disclosure; Your Liability in Case of Loss, Theft, or Unauthorized Transactions “)
may limit your liability for unauthorized transactions on your Account, but you
may still be liable in some circumstances. Under the Bank of America “zero
liability” policy, you may incur no liability for unauthorized use of your Card up
to the amount of the unauthorized transaction, provided you notify us within
a reasonable time of the loss or theft of your Card, Card number or PIN or its
unauthorized use, subject to the following terms and conditions:
Excluded transactions. Our zero liability policy does not apply to any
unauthorized electronic fund transfer on an account which does not involve use
of a Card or Card number.
“Unauthorized” defined. A transaction is considered “unauthorized” if it is
initiated by someone other than you (the cardholder) without your actual or
apparent authority, and you receive no benefit from the transaction. A transaction
is not considered “unauthorized” if 1) you furnish your Card, Card number or other
identifying information to another person and expressly or implicitly give that
individual authority to perform one or more transactions, and the person then
exceeds that authority, or 2) for any other reason we conclude that the facts and
circumstances do not reasonably support a claim of unauthorized use.
“Reasonable” time defined. Reasonable time will be determined in our sole
discretion based on the circumstances but will not be less than the time
frames specified under the Electronic Fund Transfer Act or Regulation E (see
Section 10 below).
Other considerations. We may ask you for a written statement, affidavit or other
information necessary to support your claim. If you do not provide the requested
materials within the time requested or within a reasonable time if no date is
stated, and we have no knowledge of the facts or other documentation to further
investigate or confirm your claim,  our zero liability policy may not apply.
Limitation of our Liability. Our liability under this policy is limited to reimbursing
you for the amount of your loss up to the face amount of any unauthorized card
transaction covered by this policy. We are not liable for any claims, losses or
damages that arise out of your misuse of the Card. We are not liable for any claims
of special, indirect or consequential damages.
Your rights under Regulation E. If your claim does not meet the prescribed
conditions for reimbursement under the above policy, you still retain any
consumer rights you may have under Regulation E, as described in Sections 10
and 11 below, and we will automatically re-examine the claim in accordance with
those rights.
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DPP-047041
DPP-047041
California Employment
Development Department
Debit Card
Account Agreement
Effective Date March 1, 2018
CARDHOLDERS WHO RECEIVE MONTHLY
 ACCOUNT STATEMENTS BY MAIL
Call or write as soon as you can if you think your monthly Account statement
or receipt is wrong or if you need more information about a transaction listed
on the statement or receipt. We must hear from you no later than 60 days
after we sent the FIRST statement on which the problem or error appeared. 
You will need to tell us:
(a) Your name and Card Account number.
(b) Why you believe there is an error, and the dollar amount involved.
(c) Approximately when the error took place.
If you tell us orally, we may require that you send your complaint or question in
writing within 10 business days.
CARDHOLDERS WHO DO NOT RECEIVE MONTHLY
ACCOUNT STATEMENTS BY MAIL
Call or write as soon as you can if you think an error has occurred in your Account.
We must allow you to report an error until 60 days after the earlier of the date
you electronically access your Account, if the error could be viewed in your
electronic history, or the date we sent the FIRST written history on which the
error appeared; but in any event you must report the error no more than 120
days after the transaction allegedly in error was credited or debited to your
Account. You may request a written history of your transactions at any time
by calling or writing to us at the numbers and address listed above.  You will
need to tell us:
(1) Your name and Card Account number.
(2) Why you believe there is an error, and the dollar amount involved.
(3) Approximately when the error took place.
If you tell us orally, we may require that you send us your complaint or question
in writing within 10 business days.
WHEN YOU WILL HEAR FROM US.
We will determine whether an error occurred within 10 business days after
we hear from you—and will correct any error promptly. If we need more
time, however, we may take up to 45 days to investigate your complaint
or question. If we decide to do this, we will credit your Account within 10
business days for the amount you think is in error, so that you will have the
money during the time it takes us to complete our investigation. If we ask
you to put your complaint or question in writing and we do not receive it
within 10 business days, we may not credit your Account.
For errors involving new accounts, POS, or foreign-initiated transactions, we
may take up to 90 days to investigate your complaint or question. For new
accounts, we may take up to 20 business days to credit your Account for the
amount you think is in error.
We will tell you the results within three business days after completing
our investigation. If we decide that there was no error, we will send you
a written explanation. You may ask for copies of the documents that we
used in our investigation. If you need more information about our error-
resolution procedures, call or write to us using the contact information
listed above.
12. Our liability for failure to complete transactions.
If we do not complete a transfer to or from your Account on time or in the correct
amount according to this Agreement, we will be liable for your losses or damages.
However, there are some exceptions.  We will not be liable, for instance:
• If, through no fault of ours, you do not have enough available money in your
Account to make the transaction;
• If the ATM where you are making the transaction does not have enough cash;
• If the ATM, terminal or system was not working properly and you knew
about the breakdown when you started the transaction;
• If circumstances beyond our control (such as power outages, equipment
failures, fire or flood) prevent the transaction, despite reasonable precautions
that we have taken;
• If your Card or PIN has been reported to be, or suspected of being, lost or
stolen, and we have taken action to prevent transactions with the Card or PIN;
• If your Account is subject to some legal process, right of setoff or
encumbrance restricting the transaction, or if the funds in your Account are
not immediately available for completing a transaction.
13. Preauthorized Transactions
Right to Stop Payment and Procedure for Doing So.  If you have told us in
advance to make regular payments out of your Account, you can stop any of
these payments. Here’s how:
Call us at 1.866.692.9374, 1.866.656.5913 TTY, or 423.262.1650 (Collect,
when calling outside the U.S.), or write us at: Bank of America, P.O. Box 8488,
Gray, TN 37615-8488, in time for us to receive your request three business
days or more before the payment is scheduled to be made. If you call, we may
also require you to put your request in writing and get it to us within 14 days
after you call.
Notice of Varying Amounts. If these regular payments may vary in amount,
the person you are going to pay will tell you, 10 days before each payment, when
it will be made and how much it will be.
Our Liability for Failure to Stop Payment of Preauthorized Transfers. If you
order us to stop one of these payments three business days or more before
the transfer is scheduled, and we do not do so, we will be liable for your
losses or damages.
14. Privacy
As part of establishing your Account, you will receive with your Card a copy
of the Prepaid Card Privacy Notice which generally addresses our policy for
handling and disclosing information for your Card. You may view our Prepaid
Card Privacy Notice at www.bankofamerica.com/prepaidprivacy. With respect
to any information we collect from you as a result of your Card, we will only
share such information related to your Account, from time to time, subject
to any applicable financial privacy laws or other laws or regulations, (a) where
it is necessary for completing transactions; (b) in response to any subpoena,
summons, court or administrative order, or other legal process which we believe
requires our compliance; (c) in connection with collection of indebtedness or
to report losses incurred by us; (d) in compliance with any agreement between
us and a professional, regulatory or disciplinary body; (e) in connection with
potential sales of businesses; (f) to service providers who help us meet your
needs by assisting us in providing the services under this Agreement; or (g) If
you give us your written permission.
15. Recording and Monitoring Telephone Calls.
We may record or monitor telephone calls between you and us. We need not
remind you of our recording or monitoring before each call unless required to
do so by law.
16. Amendment/Termination.
Amendments. We may, at any time, change the terms and conditions in this
Agreement, including the amount of any fee. We may add new terms and
conditions and we may delete or amend existing terms and conditions. We
generally send you at least 21 days’ advance notice of an adverse change,
including increased fees to you, increased liability for you, fewer types of
available electronic fund transfers, or stricter limitations on the frequency or
dollar amount of transfers.  If a change is not adverse to you, however, we may
make the change at any time without advance notice. If you do not agree with
the change, you may close your Account. However, if you continue to use your
Account or keep it open, you accept and agree to the change.
Our Closure or Suspension of Your Account. We may close or suspend your
Account at any time. Your Card remains our property. We may cancel your right
to use your Card at any time. Once your Account has been closed, you agree to
discontinue using your Card. If we close your Account, we may, at our option, apply
the remaining balance to a new account for your benefit. If you have not spent the
remaining balance prior to Account closure, you may contact the Service Center to
request a check for the remaining balance, less the Paper Check Fee.
Your Closure of Your Account. If, at the time you close your Account, all
transactions have cleared and there is no remaining balance, your Account will
be closed to further use. If there is a remaining balance, you may use your Card
to reduce the balance to zero before closing your Account. Alternatively, you can
contact the Service Center to request a check for the remaining balance of your
Account, less the Paper Check Fee, or request an Emergency Cash Transfer. You
understand that you are responsible for negative balances that occur after your
notice of closure to the same extent as provided in this Agreement for an open
Account. You agree to destroy your Card after your Account is closed.
17. Unclaimed Property.
Any remaining unclaimed balance will be reported and remitted as unclaimed
property to the appropriate state as required by state law after a period of time
defined by that state’s law. After we turn the funds over to the state, we have no
further liability to you for the funds and you must apply to the appropriate state
agency to reclaim your funds.
18. Governing Law/Severability.
This Agreement will be governed by the laws and regulations of the United
States and, to the extent not so covered, by the laws and regulations of the State
of North Carolina. A determination that any part of this Agreement is invalid or
unenforceable will not affect the remainder of this Agreement.
19. English Document Controlling.
As a service that we may provide to you at your request, we may communicate
certain information to you in Spanish. Any legal clarifications which may need
to be made will be based on the use and application of the English versions,
including but not limited to this Agreement and the Fee Disclosure.
20. Fee Disclosure and Other Important Disclosures.
A copy of our Fee Disclosure and Other Important Disclosures is included with,
and incorporated in, this Agreement.
Rev 10/17
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10. Regulation E Liability Disclosure; Your Liability in Case of Loss, Theft, or 
Unauthorized Transactions.
Contact Us Promptly. Please contact us at the numbers listed below AT ONCE
if you believe your Card has been lost or stolen, or if you believe that someone
may use or has used your PIN assigned to your Card without your permission.
Telephoning is the best way of keeping your possible losses down. You could lose
all the money in your Account. If you tell us within two business days after you learn
of the loss or theft, you can lose no more than $50 for an unauthorized transaction
or a series of related unauthorized transfers should someone use your Card or PIN.
If you do NOT tell us within two business days after you learn of the loss or theft
of your Card or PIN and we can prove we could have stopped someone from
using your Card or PIN without your permission if you had told us, you could
lose as much as $500.
Also, if your monthly Account statement or your Account history shows transfers
that you did not make, including those made by your Card, Card number, PIN or
other means, tell us at once.  If you receive a monthly Account statement and you
do not tell us within 60 days after the statement was mailed to you, you may not
get back any money you lost after the 60 days if we can prove that we could have
stopped someone from taking the money if you had contacted us on time.  If a
good reason (such as a long trip or a hospital stay) kept you from telling us, we will
extend the time periods.
If you do not receive a monthly Account statement and do not tell us within 60
days after the earlier of the date you electronically access your Account if the
error could be viewed in your electronic history or the date we sent the FIRST
written history on which the error appeared (but in any event within 120 days
after the transaction allegedly in error was credited or debited to your Account),
you may not get back any money you lost after the applicable 60 or 120 day
period if we can prove that we could have stopped someone from taking the
money if you had contacted us on time.  If a good reason (such as a long trip
or hospital stay) keeps you from notifying us, we will extend the time periods.
If you believe your Card has been lost or stolen, call us at 1.866.692.9374,
1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.) or
write to: Bank of America, P.O. Box 8488, Gray, TN 37615-8488. 
NOTE: These liability rules are established by Regulation E which covers accounts
that involve the use of a Card. Our zero liability policy, as described in Section
9 above, regarding unauthorized transactions may give you more protection,
provided you report the transactions promptly. You should also note that when
you give someone your Card or PIN, you are authorizing that person to use your
Card and you are responsible for all transactions that person performs with your
Card or PIN. These transactions are authorized transactions. Transactions are
considered unauthorized only after you notify us that the person is no longer
authorized. Remember, do not write your PIN on your Card or carry your PIN
with you. This reduces the possibility of someone using your Card without your
permission if it is lost or stolen.
11. Error Resolution.
In Case of Errors or Questions About Your Transactions:
Telephone us at: 1.866.692.9374
1.866.656.5913 TTY
423.262.1650 (Collect, when calling outside the U.S.)
Or write to:
Bank of America
P.O. Box 8488
Gray, TN 37615-8488 
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BankofAmerica~ 
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EXHIBIT 1
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Case 3:21-md-02992-GPC-MSB     Document 84-5     Filed 10/01/21     PageID.618     Page 3
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