Exhibit 11 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 324-14, 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. 324-14 · 2024-08-29 · Docket on CourtListener

Full text

Exhibit 11 
Case 3:21-md-02992-GPC-MSB     Document 324-14     Filed 08/29/24     PageID.6866 
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Declaration of Vanessa Rivera in Support of 
  
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 VANESSA 
RIVERA IN SUPPORT OF 
CLASS 
CERTIFICATION 
 
This Document Relates to All Actions 
 
Judge: 
Hon. Gonzalo P. Curiel 
 
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Declaration of Vanessa Rivera 
 
Case No. 3:21-md-02992-GPC-MSB 
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I, VANESSA RIVERA, declare as follows:
1. 
I am one of the named Plaintiffs in this case. I submit this declaration in 
support 
 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 January 2020 and from April 2020 to August 2021, I received EDD 
unemployment insurance benefits that were paid through a Bank of America EDD debit 
card 
 directly linked to a Bank of America EDD debit card 
account 
.  
3. 
My Bank of America EDD debit card had a magnetic stripe. There was no 
EMV chip in the card.  
4. 
On January 29, 2021, I got a text notification that the balance on my EDD 
debit card account was $4.17.  This was a shock because I knew I should have had over 
$800 remaining in the account. I immediately logged into my EDD debit card account 
to see if there had been a mistake and found that someone had conducted a balance 
inquiry from an ATM in New Port Beach, CA, about an hour away from where I live, 
and then withdrew $800.  
5. 
After checking my EDD debit card account, I called the Bank of America 
number to report these unauthorized transactions and to 
ask the Bank to credit my EDD debit card account for the $800 that was stolen from 
me.  
6. 
When I finally reached the Bank, the first Bank representative transferred 
me to another department. From there, I spoke with a second Bank representative and 
made a claim concerning the unauthorized ATM withdrawal totaling $800.  I explained 
to the Bank representative that I did not make or authorize the $800 withdrawal, and I 
had never given or disclosed the PIN for my EDD debit card to anyone, had never 
authorized anyone to use my EDD debit card, and was not in Newport Beach, CA on 
the day of the unauthorized withdrawal. The Bank representative I spoke with provided 
me with a claim number and I understood that the claim would be investigated.  
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Declaration of Vanessa Rivera 
 
Case No. 3:21-md-02992-GPC-MSB 
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7.
On February 4, 2021, I called the Bank again and was told that the 
representative I had spoken with on January 29 never actually submitted a claim
that 
person had 
February 4 representative informed me that she had successfully submitted my fraud 
claim for investigation.  
8. 
The Bank mailed me a letter dated February 5, 2021, just one business day 
after the Bank representative had confirmed my unauthorized transaction claim was 
successfully submitted, informing me that it had closed my claim and would not be 
reimbursing me for the $800 taken from my account. The letter provided no explanation 
 
9. 
On February 6, 2021, I received a replacement card in the mail. When I 
access my account. I then called the number on the back of the card to activate it and a 
Bank representative told me that my account had been frozen due to suspicious activity 
and fraudulent charges. The Bank did not provide me with any notice before freezing 
my account that my account would be frozen. 
10. 
My EDD debit card account remained frozen for 41 days, from February 5, 
2021, to March 18, 2021. During that period, I could not access any of the EDD benefits 
that were in my account as of the time of the freeze, and I could not receive or access any 
new periodic EDD benefits payments that I would have received and would have been 
able to use if the Bank had not frozen my account. I called the Bank repeatedly, informed 
it that I had verified my identity with EDD, expressed the extreme hardship this account 
freeze put me in, and received conflicting information from Bank representatives about 
what I could do to get the Bank to unfreeze my account. Through documents concerning 
my EDD debit card account that the Bank produced in this litigation, I later learned that 
on March 18, 2021, the Bank converted my account status from frozen to blocked and I 
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Declaration of Vanessa Rivera 
 
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was still not able to access any of the EDD benefits that were in my account. The Bank 
finally unblocked my account on April 20, 2021, after I had filed this litigation.  
11. 
On June 21, 2021, after the Consolidated Class Action Complaint was filed 
and 140 days after I submitted my unauthorized transaction claim to the Bank, the Bank 
finally credited to my EDD debit card account the $800 that had been stolen from me in 
January.  
12. 
In this case, I seek to be appointed as a class representative. 
13. 
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 
searched for and produced documents, responded to written discovery requests, and 
verified my responses. 
in February 2024. I intend 
to continue working with my attorneys. 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. 
14. 
 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 
August ____, 2024, at  
 
 
 
 
, California.  
 
 
 
 
 
 
 
 
   ___________________________  
 
 
 
 
 
 
 
 
  VANESSA RIVERA 
Rancho Cucamonga
07
Case 3:21-md-02992-GPC-MSB     Document 324-14     Filed 08/29/24     PageID.6870 
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