Exhibit 21 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 324-24, S.D. Cal. No. 3:21-md-02992)

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U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 324-24 · 2024-08-29 · Docket on CourtListener

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Exhibit 21 
Case 3:21-md-02992-GPC-MSB     Document 324-24     Filed 08/29/24     PageID.6890 
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JOSEPH W. COTCHETT (SBN 36324) 
jcotchett@cpmlegal.com 
BRIAN DANITZ (SBN 247403) 
bdanitz@cpmlegal.com 
KARIN B. SWOPE (PRO HAC VICE) 
kswope@cpmlegal.com 
ANDREW 
F. KIRTLEY (SBN 328023) 
akirtleycpmlegal.com 
COTCHETT, PITRE & McCARTHY, LLP 
840 Malcolm Road, Suite 200 
Burlingame, CA 94010 
Telephone: (650) 697-6000 
Fax: (650) 697-0577 
Co-Lead Counsel for Plaintiffs 
and the Proposed Class 
MICHAEL RUBIN (SBN 080618) 
mrubin@altber.com 
STACEY M. LEYTON (SBN 203827) 
sleyton@altber.com 
MATTHEW MURRAY (SBN 271461) 
mmurray@altber.com 
CONNIE K. CHAN (SBN 284230) 
cchan@altber.com 
ALTSHULER BERZON LLP 
177 Post Street, Suite 300 
San Francisco, CA 94108 
Telephone: (415) 421-7151 
Fax: (415) 362-8064 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
IN RE BANK OF AMERICA CALIFORNIA 
UNEMPLOYMENT BENEFITS 
LITIGATION 
This Document Relates to All Actions 
Case No.: 3:21-md-02992-LAB-MSB 
PLAINTIFFS' REVISED NOTICE OF 
DEPOSITION OF DEFENDANT BANK OF 
AMERICA, N.A. PURSUANT TO 
FEDERAL RULE OF CIVIL PROCEDURE 
30(b)(6) 
EXHIBIT 
Plaintiffs' Notice of Deposition of Defendant Bank of America, N.A. 
Case No. 3:21-MD-02992-LAB-MSB 
Case 3:21-md-02992-GPC-MSB     Document 324-24     Filed 08/29/24     PageID.6891 
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PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 26 and 
30(b)(6), Plaintiffs, by and through undersigned counsel, will take the deposition of Defendant 
Bank of America, N.A. ("Defendant" or "BofA"). The deposition will be taken before a 
person 
authorized by law to administer oaths under Federal Rules of Civil Procedure 28(a) and shall 
continue from one day to the next, excluding Sundays and holidays, until the examination is 
completed. 
Pursuant to Federal Rule of Civil Procedure Rule 30(b)(6), Defendant is hereby notified of 
its duty to designate one or more officers, directors, managing agents or other persons most 
knowledgeable or qualified to testify on its behalf concerning the topics identified in Schedule A, 
attached. Plaintiffs request that BofA provide written notice at least five (5) business days before 
the deposition of the name(s) and employment position(s) of the individual(s) designated to 
testify on BofA's behalf and, as to each individual designated to testify with respect to fewer than 
all of the designated topics, of the specific topics to which such individual(s) have been 
designated to testify. 
BofA has designated the following individuals to testify on its behalf, and the parties have 
agreed to the following dates and locations: 
Designee 
Date 
Location 
Shane Daniels 
Feb. 6, 2024 
9:00 AM 
Offices of Jones Day 
2727 North Harwood Street, Suite 500 
Dallas, Texas 75201 
Bobby Chestnut 
Feb. 8, 2024 
9:00 AM 
Offices of Jones Day 
2727 North Harwood Street, Suite 500 
Dallas, Texas 75201 
Matt Martin 
Feb. 14, 2024 
9:00 AM 
Offices of Jones Day 
1221 Peachtree Street, N.E., Suite 400 
Atlanta, Georgia 30361 
Mike Letson 
Feb. 16, 2024 
9:00 AM 
Charlotte, NC (exact location TBD) 
Bill Golden 
Feb. 22, 2024 
9:00 AM 
Offices of Goodwin Procter 
The New York Times Building, 620 Eighth Avenue 
Plaintiffs' Revised Notice of Deposition of Defendant Bank of America, N.A. 
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New York, New York 10018 
Jenn Lennon 
Feb. 23, 2024 
9:00 AM 
Offices of Goodwin Procter 
601 South Figueroa Street, Suite 4100 
Los Angeles, California 90017 
Plaintiffs intend and reserve the right to record the deposition testimony of the person(s) 
designed to testify on BofA's behalf by videotape and instant visual display, in addition to 
recording the testimony stenographically and via LiveNote/Realtime, and further intend and 
reserve the right to provide a 
secure live internet, video, audio and/or telephonic stream for parties 
and counsel of record. Plaintiffs reserve the right to use the videotape deposition at the time of 
trial. Plaintiffs further reserve the right to notice and conduct additional Rule 30(b)(6) depositions 
of Defendant on non-duplicative topics. 
Dated: February 4, 2024 
COTCHETT, PITRE & McCARTHY, LLP 
By:  
/s/ Brian Danitz 
 
JOSEPH W. COTCHETT 
BRIAN DANITZ 
KARIN B. SWOPE 
ANDREW 
F. KIRTLEY 
Dated: February 4, 2024 
ALTSHULER BERZON LLP 
By:  
/s/ Michael Rubin 
 
MICHAEL RUBIN 
STACEY M. LEYTON 
MATTHEW MURRAY 
CONNIE K. CHAN 
CHRISTINE M. SALAZAR 
Co-Lead Counsel for Plaintiffs and the Proposed 
Class 
Plaintiffs' Revised Notice of Deposition of Defendant Bank of America, N.A. 
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SCHEDULE A 
MATTERS FOR TESTIMONY 
 
In accordance with Federal Rule of Civil Procedure 30(b)(6), Plaintiffs designate the 
topics identified below for examination. In construing these topics, all terms shall be construed to 
encompass as broad a 
range of information as permitted under the Federal Rules of Civil 
Procedure. For purposes of this notice, the person(s) designated to testify on BofA's behalf shall 
be prepared to address the following topics. Unless otherwise stated, the relevant period 
encompassed by these topics is June 2019 through December 2022. 
1. 
BofA's decisions and analyses considered from 2014 to the present regarding 
whether to include EMV chips on its EDD debit cards and on its other BofA-
issued credit and debit cards. 
2. 
BofA's infoiiiiation, knowledge, and analyses concerning the rate and risk of card-
present transaction fraud and/or card skimming for EDD debit cardholders 
compared to BofA's other customers with BofA-issued credit and debit cards 
containing an EMV 
chip. 
3. 
BofA's information and knowledge concerning fraudulent unauthorized-
transaction claims, and the rates and extent of such fraudulent unauthorized-
transaction claims, submitted by EDD debit cardholders and other BofA-issued 
credit and debit card accounts. 
4. 
BofA's policies, procedures, methodologies, and standards for developing and 
implementing tools and strategies for identifying fraudulent unauthorized-
transaction claims. 
5. 
BofA's policies, procedures, methodologies, and standards for developing and 
implementing tools and strategies for identifying fraudulent accounts. 
6. 
BofA's policies, procedures, methodologies, and standards for developing and 
implementing tools and strategies for identifying suspicious transactions. 
Plaintiffs' Revised Notice of Deposition of Defendant Bank of America, N.A. 
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7. 
BofA's policies and procedures for identifying, blocking, and/or alerting EDD 
debit cardholders of suspicious transactions before the transaction is completed. 
S. 
BofA's policies and procedures for handling unauthorized-transaction claims 
submitted by EDD debit cardholders. 
9. 
[REVISED] Any differences between BofA's policies and procedures for handling 
unauthorized-transaction claims submitted by EDD debit cardholders and BofA's 
policies and procedure for handling unauthorized-transaction claims submitted by 
BofA's California customers with BofA-issued debit cards that are not EDD debit 
cards. 
10. 
BofA's Claim Fraud Filter, including: 
a. 
BofA's development, assessment, validation, and implementation of its Claim 
Fraud Filter, including information concerning which person(s) participated in 
BofA's decision to use the Claim Fraud Filter and why BofA used and 
continued to use the Claim Fraud Filter. 
b. 
[REVISED] Whether BofA took any steps to obtain approval from BofA's 
regulators for its use of the Claim Fraud Filter and whether it obtained 
approval from BofA's regulators for its use of the Claim Fraud Filter. 
c. 
Effectiveness of the Claim Fraud Filter in identifying EDD debit cardholders 
who submitted fraudulent unauthorized-transaction claims to BofA, including 
information concerning the Claim Fraud Filter's false positive rates and steps 
considered, undertaken, or rejected by BofA for modifying the Claim Fraud 
Filter to potentially reduce the number or percentage of false positives. 
d. 
All modifications to the Claim Fraud Filter or its use or implementation. 
e. 
[REVISED] The lines of internal communications (including oral, written, and 
in-person communications, such as meetings) concerning the Claim Fraud 
Filter, including communications regarding fraudulent unauthorized-
transaction claims submitted by prepaid debit card account holders and the 
Plaintiffs' Revised Notice of Deposition of Defendant Bank of America, N.A. 
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efficacy of the Claim Fraud Filter in identifying or failing to identify such 
claims. 
f. 
Communications with EDD regarding the Claim Fraud Filter, BofA's use of 
the Claim Fraud Filter, and/or BofA's policies and procedures for freezing or 
unfreezing EDD debit card accounts based on application of the Claim Fraud 
Filter. 
11. 
Communications with the Department of Justice, Department of Homeland 
Security, Secret Service, or other federal or state law enforcement officials 
regarding fraudulent submission of unauthorized-transaction claims by EDD debit 
card holders and/or regarding the Claim Fraud Filter. 
12. 
BofA's policies and procedures for freezing, unfreezing, blocking, and unblocking 
EDD debit card accounts. 
13. 
The scope of BofA's responsibilities and authority under the EDD-Bank Contract, 
including for preventing and redressing fraudulent activity, including any 
communications between BofA and EDD regarding such fraud-related measures. 
14. 
BofA's and EDD's revenue from the EDD-Bank Contract and details regarding the 
negotiation, terms, and results of BofA's revenue-sharing agreement with EDD. 
15. 
The number and percentage of EDD benefits recipients that received their EDD 
benefits via a 
BofA-issued EDD debit card. 
16. 
BofA's policies and procedures for handling telephone calls from EDD debit 
cardholders regarding their frozen or blocked EDD prepaid debit card accounts. 
17. 
Training, instructions, and scripts provided to BofA call center agents for handling 
telephone calls from EDD debit cardholders regarding their frozen or blocked 
EDD prepaid debit card accounts. 
18. 
BofA's policies and procedures for handling telephone calls frogEDD debit 
cardholders seeking reconsideration of BofA's denial of their unauthorized-
transaction claims. 
Plaintiffs' Revised Notice of Deposition of Defendant Bank of America, N.A. 
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19. 
Training, instructions, and scripts provided to BofA call center agents for handling 
telephone calls from EDD debit cardholders seeking reconsideration of BofA's 
denial of their unauthorized-transaction claims. 
20. 
BofA's policies and procedures for handling requests for reconsideration of denied 
unauthorized-transaction claims from EDD debit cardholders whose unauthorized-
transaction claims have been denied and BofA accounts frozen based on BofA's 
application of the Claim Fraud Filter. 
21. 
Training, instructions, and scripts provided to BofA call center agents for handling 
requests for reconsideration of denied unauthorized-transaction claims from EDD 
debit cardholders whose unauthorized-transaction claims have been denied and 
BofA accounts frozen based on BofA's application of the Claim Fraud Filter. 
22. 
BofA's policies and procedures for hardship escalations, executive escalations, and 
regulatory escalations of EDD debit cardholder issues relating to unauthorized 
transaction claims or frozen accounts. 
23. 
Training, instructions, and scripts provided to BofA call center agents for hardship 
escalations, executive escalations, and regulatory escalations of EDD debit 
cardholder issues relating to unauthorized transaction claims or frozen accounts. 
24. 
Performance metrics (including but not limited to wait times, disconnected calls, 
abandonment rates, average handle times, speed to answer, and transfer call times) 
for all BofA call centers servicing EDD debit cardholders, including but not 
limited to BofA's main call center, claims initiation call center, and fraud call 
center. 
25. 
BofA's knowledge of the effectiveness, ineffectiveness, complaints, and/or 
problems with the customer service it purported to make available to EDD prepaid 
debit card account holders related to alleged unauthorized transactions on their 
accounts or freezing or blocking of their accounts (including volume of calls made, 
volume and percentage of calls personally answered by a 
customer service 
Plaintiffs' Revised Notice of Deposition of Defendant Bank of America, N.A. 
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representative, average waiting times, dropped calls, and customer and CSR 
complaints). 
26. 
[REVISED] BofA's lines of communications, including meetings, with its CSR 
vendors, including TTEC, regarding policies, procedure, and practices for handling 
unauthorized-transaction claims of and/or the freezing or blocking of EDD prepaid 
debit card accounts. 
27. 
BofA's modifications to its customer service operations during the pandemic, 
including working from home, changes in training, changes in background checks, 
and CSR training oversight and monitoring systems. 
28. 
The CFPB/OCC Remediation Plan and BofA's implementation of the 
Remediation Plan. 
29. 
The basis for and status of payments under the CFPB/OCC Remediation Plan. 
30. 
The meaning of the data produced to date in this case in response to interrogatories 
regarding Affected Consumers, BofA's use or implementation of the Claim Fraud 
Filter, and/or BofA's freezing or blocking of accounts and the bases for the dollar 
amounts in those spreadsheets. 
31. 
The categories of data maintained by BofA related to unauthorized-transaction 
claims for EDD prepaid debit card accounts, including notice of claim, the reasons 
for denials, use of the Claim Fraud Filter, freezing accounts, unfreezing accounts, 
related investigations (if any), and account balance information. 
32. 
The content of and basis for BofA's Second Supplemental Response to Plaintiff 
Yick's First Set of Interrogatories and Exhibits 1-5, and BofA's Revised Second 
Supplemental Response to Plaintiff Yick's First Set of Interrogatories and Revised 
Exhibits 1-5. 
33. 
BofA's compliance or non-compliance with each paragraph of the Preliminary 
Injunction entered in this case. 
Plaintiffs' Revised Notice of Deposition of Defendant Bank of America, N.A. 
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PROOF OF SERVICE 
I 
am employed in the County of San Mateo, State of California. I 
am a 
citizen of the 
United States, over the age of 18 years and not a 
party to this action. My business address is 177 
Post Street, Suite 300, San Francisco, California 94108. 
On February 4, 2024, I 
served the following document(s) in the manner described below: 
PLAINTIFFS' REVISED NOTICE OF DEPOSITION OF DEFENDANT BANK OF 
AMERICA, N.A. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 30(b)(6) 
BY MAIL: I 
am readily familiar with this firm's practice for collection and processing of 
correspondence for mailing. Following that practice, I 
placed a 
true copy of the 
aforementioned document(s) in a 
sealed envelope, addressed to each addressee, 
respectively, as specified below. The envelope was placed in the mail at my business 
address, with postage thereon fully prepaid, for deposit with the United States Postal 
Service on that same day in the ordinary course of business. 
/ 
BY E-MAIL: My e-mail address is cchan@altber.com and service of this document(s) 
occurred on the date shown below. This document is being served electronically and the 
transmission was reported as complete and without error. 
SEE ATTACHED SERVICE LIST 
I 
declare under penalty of perjury, under the laws of the State of California, that the 
foregoing is true and correct. Executed at Burlingame, California, on February 4, 2024. 
Connie 
. 
Chan 
L
 
Plaintiffs' Revised Notice of Deposition of Defendant Bank of America, N.A. 
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SERVICE LIST 
Laura A. Stoll 
Laura Brys 
Goodwin Procter, LLP 
601 South Figueroa Street, 41st Floor 
Los Angeles, CA 90017 
Telephone: (213) 426-2500 
Fax: (213) 623-1673 
Email: lstoll@goodwinlaw.com 
Email: lbrysgoodwin1aw.com 
Thomas Hefferon 
Matthew Riffee 
Goodwin Procter, LLP 
1900 N 
Street, N.W. 
Washington, D.C. 20036 
Telephone: (202) 346-4029 
Email: thefferongoodwinlaw.com 
Email: mriffee@ goodwinlaw.com 
James W. McGarry 
Goodwin Procter, LLP 
100 Northern Avenue 
Boston, MA 02210 
Telephone: (617) 570-1332 
Email: jmcgariygoodwinlaw.com 
Lindsay E. Hoyle 
Valerie Hagans 
Goodwin Procter LLP 
620 Eighth Avenue 
New York, NY 10018 
Telephone: (212) 813-8800 
Email: LHoylegoodwinlaw.com 
Email: VHaggansgoodwinlaw.com 
Yvonne W. Chan, Esq. 
Jones Day 
100 High Street, 21st Floor 
Boston, MA 
02110-1781 
Telephone: (617) 960-3939 
Facsimile: (617) 449-6999 
Email: ychanjonesday.com 
Counsel for Defendant Bank ofAinerica,  
N.A. 
Plaintiffs' Revised Notice of Deposition of Defendant Bank of America, N.A. 
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Barry W. Lee 
Manatt Phelps & 
Phillips LLP 
One Embarcadero Center, 30th Floor 
San Francisco, CA 94111 
Telephone: (415) 291-7400 
Fax: (415) 291-7474 
Email: bwlee@manatt.com 
Janice P. Brown 
Matthew B. Nazareth 
Meyers Nave 
600 B 
Street, Suite 1650 
San Diego, CA 92101 
Telephone: (619) 330-1703 
Email: jbrownmeyersnave.com 
Email: mnazareth@meyersnave.com 
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