Declaration of Jennifer Lennon in Support of Defendant's Motion — In re BofA Unemployment Litigation (Dkt. 225-2)

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U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 225-2 · 2024-02-29 · Docket on CourtListener

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DECLARATION OF JENNIFER LENNON ISO MOTION TO DISSOLVE  
PRELIMINARY INJUNCTION 
 
CASE NO. 21-MD-02992-LAB-MSB 
 
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JAMES W. MCGARRY (admitted pro hac vice) 
JMcGarry@goodwinlaw.com 
GOODWIN PROCTER LLP 
100 Northern Avenue 
Boston, MA 02210 
Tel.: +1 617 570 1000 
Fax: +1 617 523 1231 
 
YVONNE W. CHAN (admitted pro hac vice) 
YChan@jonesday.com 
JONES DAY 
100 High Street 
Boston, MA 02110 
Tel.: +1 617 960 3939 
Fax: +1 617 449 6999 
 
Attorneys for Defendant 
BANK OF AMERICA, N.A. 
 
[ADDITIONAL COUNSEL LISTED IN SIGNATURE BLOCK] 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA  
SAN DIEGO DIVISION 
 
IN RE: BANK OF AMERICA  
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION, 
Case No. 21-MD-02992-LAB-MSB 
DECLARATION OF JENNIFER 
LENNON IN SUPPORT OF 
DEFENDANT’S MOTION TO 
DISSOLVE PRELIMINARY 
INJUNCTION 
Date: 
TBD 
Time: 
TBD 
Ctrm: 
14A - 14th Floor 
Judge: 
Hon. Larry Alan Burns 
Filed/Lodged Concurrently with: 
1. 
Notice of Motion & Motion to 
Dissolve Preliminary Injunction 
2. 
Memorandum of Points and 
Authorities  
3. 
[Proposed] Order  
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DECLARATION OF JENNIFER LENNON ISO MOTION TO DISSOLVE  
PRELIMINARY INJUNCTION 
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CASE NO. 21-MD-02992-LAB-MSB 
 
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I, 
Jennifer Lennon, declare as follows: 
1. 
I am a Product Management and State Liaison for Bank of America, 
N.A. (“BANA”).  
2. 
I make this declaration based upon personal knowledge and belief, 
upon BANA’s records maintained in the ordinary course and scope of business, and 
upon information gathered from other BANA employees.  If called to testify as to 
any of the matters set forth in this declaration, I could and would competently 
testify thereto. 
3. 
Beginning on February 15, 2024, the California Employment 
Development Department (“EDD”) has stopped funding any benefits through 
BANA’s prepaid debit cards.  Instead, EDD has transitioned to a new vendor, 
Money Network, for the distribution of unemployment, disability, and Paid Family 
Leave benefits.   
4. 
EDD has publicly announced the transition from BANA to Money 
Network, and has informed BANA that it has notified all active EDD benefits 
recipients of the transition from BANA to Money Network, and that these 
individuals have been sent a new Money Network card for future EDD benefits 
loads. 
5. 
In connection with this transition, BANA has begun the process of 
closing all of its EDD prepaid debit cards and accounts.  
6. 
Any BANA EDD prepaid debit account that is inactive (meaning it has 
not had a deposit from EDD or transacted within the prior 120 days) and has a 
balance greater than zero has been closed or will be closed in the coming days.  
BANA has sent or will send these cardholders a notice (which was approved by 
EDD) notifying them that their BANA EDD prepaid debit card accounts have been 
closed and their cards deactivated, and providing them with instructions for 
contacting BANA to receive a check for the remaining balance in their account.  A 
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DECLARATION OF JENNIFER LENNON ISO MOTION TO DISSOLVE  
 PRELIMINARY INJUNCTION 
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CASE NO. 21-MD-02992-LAB-MSB 
 
  
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true and correct copy of that notice is attached as Exhibit A. 
7. 
Active BANA EDD prepaid debit cardholders (i.e., those who have 
received a deposit from EDD or transacted within the prior 120 days) were sent or 
will be sent a notice (which was approved by EDD) informing them that (1) they 
can use the balance on their BANA EDD prepaid debit cards by transacting 
normally (e.g., at retailers, ATMs, online) through April 15, 2024, (2) they can 
access their BANA EDD prepaid debit card account online to make transfers 
through April 30, 2024; (3) their accounts will be closed after April 30, 2024; and 
(4) after that date, they may call BANA to receive a check for the remaining 
balance on their BANA EDD prepaid debit card account.  A true and correct copy 
of that notice is attached as Exhibit B. 
8. 
BANA EDD prepaid debit cardholders have been instructed to contact 
BANA’s Main Servicing Call Center to request a check if there is a balance 
remaining in their BANA EDD prepaid debit card account after it is closed.  
Cardholders may request a check at any time, including before their BANA EDD 
prepaid debit card account is closed, up until the point, following account closure, 
at which any remaining unclaimed funds escheat to the state pursuant to state law.   
9. 
Callers must authenticate their identity with BANA in order to request 
a check.  Callers with a blocked account or those who fail multiple levels of 
authentication will be directed to the Fraud Call Center for additional assistance 
with authentication before they can request a check for the balance in their 
accounts. 
10. 
The Fraud Call Center will not be able to assist any users with 
regaining access to their BANA EDD prepaid debit cards after April 30, 2024, as 
all accounts will be closed.  The only assistance that the Fraud Call Center can 
provide is to authenticate callers with blocked accounts or those who have failed 
authentication so that they can request a check for the remaining funds in their 
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DECLARATION OF JENNIFER LENNON ISO MOTION TO DISSOLVE  
 PRELIMINARY INJUNCTION 
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CASE NO. 21-MD-02992-LAB-MSB 
 
  
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account or view their transaction history online.  
11. 
EDD has reviewed and approved BANA’s plan for the transition and 
closure of accounts, including BANA’s notices to cardholders, the timeline and 
approach for account closure, and the issuance of checks for remaining funds. 
I declare under the penalty of perjury that the foregoing is true and correct. 
Executed on this 22 day of February, 2024.  
 
 
 
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DECLARATION OF JENNIFER LENNON ISO MOTION TO DISSOLVE  
 PRELIMINARY INJUNCTION 
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CASE NO. 21-MD-02992-LAB-MSB 
 
  
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SIGNATURE CERTIFICATION 
Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative 
Policies and Procedures Manual, I hereby certify that the content of this document is 
acceptable to Jennifer Lennon, and that I have obtained Ms. Lennon’s electronic 
signature in the filing of this document. 
 
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