Exhibit 12 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 324-15, 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. 324-15 · 2024-08-29 · Docket on CourtListener

Full text

Exhibit 12 
Case 3:21-md-02992-GPC-MSB     Document 324-15     Filed 08/29/24     PageID.6871 
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Declaration of J. Michael Willrich 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 J. MICHAEL 
WILLRICH 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 324-15     Filed 08/29/24     PageID.6872 
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Declaration of J. Michael Willrich in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
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I, J. MICHAEL WILLRICH, declare as follows:
1. 
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 
no EMV chip in the card.  
4. 
On or around October 27, 2020, I discovered that there had been 27 
transactions on my EDD debit card account from October 10, 2020, to October 26, 
2020, that I had not authorized. The unauthorized transactions included 21 charges for 
$41.40 at Fred Meyer, a store in the State of Washington that I had never heard of or 
shopped at.  Some of the other fraudulent charges included two ATM transactions for 
$1,000 each and a $700 ATM withdrawal, also in the State of Washington. The 
unauthorized transactions totaled $5.083.75. At the time of the unauthorized 
transactions, I was over 1,200 miles away in San Diego, CA, where I reside.  
5. 
Upon discovering the unauthorized transactions, I immediately went to a 
Bank of America (the “Bank”) branch and spoke with a Bank teller. The Bank teller 
informed me the branch could not help me and instructed me to call the number on the 
back of my EDD debit card. 
6. 
That same day, I called the number on the back of my card to report these 
unauthorized transactions and to attempt to get reimbursed for the money that had been 
taken out of my account. I spent more than three hours on hold but was disconnected 
before I was able to get through to the claims department.  
7. 
Hoping to get through to a Bank representative who would help me recover 
my stolen funds, I woke up at 5:00 AM to call the Bank on October 29, 2020. After 
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Declaration of J. Michael Willrich in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
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being put on hold, I was connected with the Bank’s claim department and spent 
approximately an hour on the phone going through the unauthorized transactions one-
by-one and explaining why the charges were not authorized. The Bank of America 
representative provided me with a claim reference number. 
8. 
On October 30, 2020, just one business day after I submitted my unauthorized 
transaction claim, the Bank mailed me a letter informing me that it had closed my claim and 
would not be reimbursing me for the $5,083.75 taken from my account. The letter stated: 
“Your claim has been closed because we believe the account or the claim have been the 
subject of fraud or suspicious activity.”  
9. 
Over the next three weeks, I made several attempts to get in touch with the 
Bank’s customer service, at one point waiting on hold for three or four hours before being 
disconnected at the end of the Bank’s business hours. On November 9, 2020, I once again 
woke up before dawn and was able to connect with the Bank’s claim department to request 
that my claim be reconsidered. I was told by the Bank’s representative that baseless denials 
were a known issue, that many people were having the same problems as me, and that no 
human had ever looked at my claim. I have since learned that my claim had been denied 
based on the Bank’s Claim Fraud Filter. 
10. 
Between October 27 and November 15, 2020, I called the Bank for 
assistance on at least six separate occasions, sometimes making multiple calls in a day, 
typically waiting on hold for at least an hour each time I called and being shuffled 
between multiple agents in one day. In total, I would estimate I spent approximately 
three hours on the phone with the Bank’s representatives trying to resolve these issues, 
and at least eight hours on hold during this period. Despite these long wait times every 
time I called the Bank, 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 
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Declaration of J. Michael Willrich in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
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cardholders, of any other options for reaching a customer service representative, such as 
by email or online. 
11. 
It was not until approximately January 12, 2021, 75 days after I submitted 
my unauthorized transaction claim, when I attempted to withdraw money from my EDD 
debit card account, that I learned the Bank finally credited my EDD debit card account 
the $5,083.75 that had been stolen from me the previous October.  
12. 
In this case, I seek to be appointed as a class representative. Since becoming 
involved in this case, I have had many communications with my attorneys regarding 
discovery, case updates, case filings, and other matters, and I have 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 April 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 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. 
13. 
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. 
 
 
 
 
 
 
 
___________________________  
 
 
 
 
 
 
 
        J. MICHAEL WILLRICH 
Case 3:21-md-02992-GPC-MSB     Document 324-15     Filed 08/29/24     PageID.6875 
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