Exhibit 9 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 324-12, S.D. Cal. No. 3:21-md-02992)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 324-12 · 2024-08-29 · Docket on CourtListener

Full text

Exhibit 9 
Case 3:21-md-02992-GPC-MSB     Document 324-12     Filed 08/29/24     PageID.6856 
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Declaration of Stephanie Moore in Support of Plaintiffs’ Motion for Class Certification;  
Case No. 3:21-md-02992-GPC-MSB 
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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
IN RE BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 3:21-md-02992-GPC-MSB
DECLARATION OF STEPHANIE 
MOORE IN SUPPORT OF 
PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION 
This Document Relates to All Actions 
Judge: 
Hon. Gonzalo P. Curiel 
Case 3:21-md-02992-GPC-MSB     Document 324-12     Filed 08/29/24     PageID.6857 
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Declaration of Stephanie Moore in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
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I, STEPHANIE MOORE, declare as follows:
1. 
I am one of the named Plaintiffs in this case.  I am submitting this 
declaration in support of Plaintiffs’ Motion for Class Certification. I have personal 
knowledge of the facts in this declaration, and if called upon to do so, I could and would 
testify to these facts.
2.
In June 2020, I began receiving EDD unemployment insurance benefits 
that were paid through a Bank of America EDD debit card (“EDD debit card”) that was 
directly linked to a Bank of America EDD debit card account (“EDD debit card 
account”) in my name.  
3. 
My Bank of America EDD debit card had a magnetic stripe, but there was 
no EMV chip in the card.  
4. 
On July 18, 2020, when I tried to use my EDD debit card to make a 
purchase, the card was declined. I checked my EDD debit card account and saw two 
transactions from the same day that I had not authorized and knew nothing about: an 
ATM withdrawal in the amount of $1,000 and a purchase from Target in the amount of 
$482.13.  
5. 
That same day, within minutes of discovering the unauthorized 
transactions on my EDD debit card account, I called Bank of America’s (the “Bank”) 
customer service number to report these unauthorized transactions and to ask the Bank 
to credit my EDD debit card account for the $1,482.13 that was stolen from me.  
6. 
When I finally reached the claims department, I spoke with a Bank 
representative and made a claim concerning the two unauthorized transactions totaling 
$1,482.13. 
7. 
On or about July 30, 2020, the Bank provisionally credited the $1,482.13 
to my account. On August 31, 2020, the Bank mailed me a letter informing me that the 
$1,482.13 provisional credit was now permanent. The letter stated: “We’ve completed 
our investigation of this disputed transaction. The provisionally issued credit for 
$1,482.13 is now permanent.”  
Case 3:21-md-02992-GPC-MSB     Document 324-12     Filed 08/29/24     PageID.6858 
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Declaration of Stephanie Moore in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
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8.
On September 30, 2020, I attempted to use my EDD debit card to purchase 
a tire for my vehicle. The transaction was declined. I then attempted to check the 
balance on my EDD debit card account but was unable to log into my account. I have 
since learned, through documents concerning my EDD debit card account that the Bank 
produced in this litigation, that the Bank froze my account between September 28, 2020 
and October 4, 2020.   
9. 
On October 4, 2020, the Bank rescinded the $1,482.13 permanent credit it 
had given me, creating a negative balance in my account. 
10. 
On October 5, 2020, I called the Bank’s customer service to ask about the 
rescinded $1,482.13 credit. During this call, the Bank representative told me that the 
funds were taken back by EDD, and because of this, the Bank would not be able to 
assist me any further.  
11. 
Between September 30, 2020, and November 15, 2020, I called the Bank 
on at least 15 separate occasions in an attempt to resolve the issues stemming from the 
rescinded credit and freeze of my Bank of America EDD debit account. I estimate I 
spent over an hour on hold each time I called the Bank during that time, yet the Bank 
did not offer me any option to receive a call back when the next agent became available. 
Calling the Bank’s toll-free number was the only option the Bank provided me for 
reaching a customer service representative. I am not aware of any communication from 
the Bank advising me, or other EDD debit cardholders, of any other options for 
reaching a customer service representative, such as by email or online. During those 
calls, the Bank gave me conflicting information but never afforded me a way to regain 
access to my rescinded credits. One Bank representative told me that there had been a 
glitch in the system and my funds would be returned shortly, but they were not. At a 
later point, I was told the investigation was reopened. I asked for documentation 
regarding the investigation, but never received any.  
12. 
After I filed a class action lawsuit against the Bank in November 2020, I 
received a letter from the Bank dated December 9, 2020, stating that the Bank had 
Case 3:21-md-02992-GPC-MSB     Document 324-12     Filed 08/29/24     PageID.6859 
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Declaration of Stephanie Moore in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
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performed an additional review of my claim and had credited me with the $1,482.13 
that had been stolen from me the previous September. I received this credit 144 days 
after I submitted my unauthorized transaction claim to the Bank and 66 days after the 
Bank rescinded the $1,482.13 credit.  
13. 
In this case, I seek to be appointed as a class representative. 
14. 
Since becoming involved in this case, I have had many communications with 
my attorneys regarding discovery, case updates, case filings, and other matters. I have also 
searched for and produced documents and have responded to written discovery requests 
and verified my responses. I intend to continue working with my attorneys, and if 
appointed by the Court as a class representative, I intend to continue to pursue this case 
by, among other things, reviewing important case filings, participating in the discovery 
and trial process, staying informed and participating in discussions with my attorneys 
regarding significant developments in the case. I am committed to working with my 
attorneys to obtain the best possible result for the class consistent with good faith and 
sound judgment.
15. 
I understand that if I am appointed as a class representative, I will be 
responsible for overseeing the prosecution of this case by my attorneys. My interests in 
this matter are consistent with, and not antagonistic to, the interests of the members of 
each of the classes that I seek to represent. I understand and will fulfill the duties of a class 
representative, including the duties to prosecute this case on behalf of each class as a 
whole, and to consider the interests of each class as a whole just as I consider my own 
interests.  
I declare under penalty of perjury that the foregoing is true and correct. Executed on 
July ___________, at ____________________, California.  
 
 
 
 
 
 
 
 
___________________________  
 
 
 
 
 
 
 
       STEPHANIE MOORE 
Case 3:21-md-02992-GPC-MSB     Document 324-12     Filed 08/29/24     PageID.6860 
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