Exhibit 10 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 324-13, 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. 324-13 · 2024-08-29 · Docket on CourtListener

Full text

Exhibit 10 
Case 3:21-md-02992-GPC-MSB     Document 324-13     Filed 08/29/24     PageID.6861 
Page 1 of 5

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
IN RE BANK OF AMERICA 
12 CALIFORNIA UNEMPLOYMENT 
13 
BENEFITS LITIGATION 
Case No. 3:21-md-02992-GPC MSB 
DECLARATION OF ROLAND 
OOSTHUIZEN IN SUPPORT OF 
PLAINTIFFS' MOTION FOR CLASS 
CERTIFICATION 
14 
15 
16 This Document Relates to All Actions 
17 
Judge: 
Hon. Gonzalo P. Curiel 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
Declaration of Roland Oosthuizen in Support of Plaintiffs' Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB 
Case 3:21-md-02992-GPC-MSB     Document 324-13     Filed 08/29/24     PageID.6862 
Page 2 of 5

1 
2 
3 
4 
s 
6 
7 
8 
9 
I, ROLAND OOSTHUIZEN, declare as follows: 
I am one of the named Plaintiffs in this case. I submit this declaration in 
support of Plaintiffs' Motion for Class Certification. I have personal knowledge of the 
facts in this declaration, to which I could and would testify if called upon to do so. 
2. 
In April 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 
1 O no EMV chip in the card. 
11 
4. 
On or around September 28, 2020, I logged into my EDD debit card 
12 account online to check the balance and I noticed daily unauthorized withdrawals from 
13 
Bank of America ATMs on five successive days beginning September 24, 2020, 
14 through September 28, 2020, in the amount of $1,000 each, totaling $5,000. 
15 
5. 
Immediately after discovering the unauthorized ATM withdrawals, I used 
16 Bank of America's (the "Bank") online portal to suspend my card. I then called the 
17 Bank using the number on the back of my card to report these unauthorized withdrawals 
18 and to attempt to get reimbursed for the money that had been taken from my account. I 
19 spent three hours on hold before being disconnected. The next day, I again called the 
20 Bank and, after waiting on hold for approximately two and a half hours, I was finally 
21 
able to reach a representative in the claims department. I identified the specific A TM 
22 withdrawals that I had not authorized, informed the Bank's representative that I had the 
23 card in my possession at all relevant times and did not authorize anyone to make the 
24 withdrawals, and was told by the Bank's representative that my claim had been filed 
25 
and would be investigated. 
26 
6. 
In mid-October 2020, I received a letter in the mail from the Bank dated 
27 October 1, 2020-just one business day after I filed my claiin-informing me that the 
28 Bank had closed my claim and would not be reimbursing me for the $5,000 taken from 
Declaration of Roland Oosthuizen in Support of Plaintiffs' Motion for Class Certification; 
2 
Case No. 3:21-md-02992-GPC-MSB 
Case 3:21-md-02992-GPC-MSB     Document 324-13     Filed 08/29/24     PageID.6863 
Page 3 of 5

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
my account. The letter provided no explanation of the Bank's findings, stating only: 
"Your claim has been closed because we believe the account or the claim have been the 
subject of fraud or suspicious activity." 
7. 
After receiving the Bank's letter denying my claim, I again called the Bank to 
re-open my claim. A Bank representative advised me to send the Bank inf onnation about 
my claim and any police report I had filed by fax. 
8. 
On November 5, 2020, I faxed Bank of America a written statement 
regarding the theft and my request to re-open my claim with information regarding the 
police report I had filed with the Los Angeles Sheriff's Department reporting the theft and 
other documentation, including documentation showing I was at work when some of the 
l l 
unauthorized A TM withdrawals occurred. In my fax, I specifically asked the Bank to 
12 provide me with the information it had discovered in any investigation it conducted before 
13 
denying my fraud claim. I never received a response to my fax. 
14 
9. 
Between September 28 and November 15, 2020, I called the Bank to 
15 
request assistance with my unauthorized transaction claim on multiple separate 
16 occasions, typically waiting on hold for more than an hour and often not being able to 
17 reach a representative. The Bank did not offer me any option to receive a call back 
18 when the next agent became available. Calling the Bank's toll-free number was the only 
19 option the Bank provided me for reaching a customer service representative. I am not 
20 aware of any communication from the Bank advising me, or other EDD debit 
21 
cardholders, of any other options for reaching a customer service representative, such as 
22 by email or online. 
23 
10. 
After I filed a class action lawsuit against the Bank on January 26, 2021, I 
24 received a letter from the Bank dated January 27, 2021, stating that the Bank had 
25 
"completed an additional review" ofmy claim and, "[a]s a result of [the Bank's] 
26 research" had credited me with the $5,000 that had been stolen from me the previous 
27 
September. I received this credit 120 days after I submitted my unauthorized transaction 
28 claim to the Bank. 
Declaration of Roland Oosthuizen in Support of Plaintiffs' Motion for Class Certification; 
3 
Case No. 3:21-md-02992-GPC-MSB 
Case 3:21-md-02992-GPC-MSB     Document 324-13     Filed 08/29/24     PageID.6864 
Page 4 of 5

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11.
In this case, I seek to be appointed as a class representative.
12.
Since becoming involved in this case, I have had many communications wit1˜
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 was deposed by the Bank's attorneys in March 2024. 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 infonned 
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 
11 for the class consistent with good faith and sound judgment.
12 
13.
I understand that if I am appointed as a class representative, I will be
13 responsible for overseeing the prosecution of this case by my attorneys. My interests in
14 this matter are consistent with, and not antagonistic to, the interests of the members of
15 each of the classes that I seek to represent. I understand and will fulfill the duties of a class
16 representative, including the duties to prosecute this case on behalf of each class as a
17 whole, and to consider the interests of each class as a whole just as I consider my own
18 interests.
19 
I declare under penalty of perjury that the foregoing is true and correct. Executed on 
 L.TolJ , California.
20 July 'l:]_, 2024, at CD 
21 
22 
23 
24 
25 
26 
27 
28 
--
PioLAND OOSTHUIZEN 
Declaration of Roland Oosthuizen in Support of Plaintiffs' Motion for Class Certification; 
4 
Case No. 3:21-md-02992-GPC-MSB 
Case 3:21-md-02992-GPC-MSB     Document 324-13     Filed 08/29/24     PageID.6865 
Page 5 of 5

File and source

File

gov.uscourts.casd.709615.324.13.pdf

Size

1,848,455 bytes

SHA-256

9ecdf0c3cfefe728b5abd0ddf3f54768b10d3427b1c9729f607a4f18dbf8493f

Our copy

gov.uscourts.casd.709615.324.13.pdf

Original

PACER (login required)