Declaration of Jennifer Lennon — In re Bank of America California Unemployment Benefits Litigation (Dkt. 344-3, 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. 344-3 · 2024-10-03 · Docket on CourtListener

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JAMES W. MCGARRY (pro hac vice) 
JMcGarry@goodwinlaw.com 
GOODWIN PROCTER LLP 
100 Northern Avenue 
Boston, MA  02210 
Tel.: +1 617 570 1000 
Fax: +1 617 523 1231 
SABRINA M. ROSE-SMITH (pro hac vice) 
SRoseSmith@goodwinlaw.com 
MATTHEW L. RIFFEE (pro hac vice) 
MRiffee@goodwinlaw.com 
GOODWIN PROCTER LLP 
1900 N Street, NW 
Washington, DC 20036 
Tel.: +1 202 346 4000 
Fax: +1 202 346 4444 
Attorneys for Defendant  
BANK OF AMERICA, N.A. 
[ADDITIONAL COUNSEL LISTED IN SIGNATURE BLOCK] 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA –  
SAN DIEGO DIVISION 
 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 21-MD-02992-GPC-MSB 
 
DECLARATION OF JENNIFER 
LENNON IN SUPPORT OF 
DEFENDANT BANK OF 
AMERICA, N.A.’S  MOTIONS TO 
SEAL DOCUMENTS FILED IN 
SUPPORT OF PLAINTIFFS’ 
MOTION FOR CLASS 
CERTIFICATION 
 
Ctrm:   
2D – 2nd Floor      
Judge:  
Hon. Gonzalo P. Curiel 
 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 344-3     Filed 10/03/24     PageID.7987     Page
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CASE NO. 21-MD-02992-LAB-MSB 
 
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I, Jennifer Lennon, declare as follows: 
1. 
I am employed by Bank of America, N.A. (“BANA”) as a Senior Vice 
President and a Product Management and State Liaison.  I make this declaration 
based upon personal knowledge and belief, upon BANA’s records maintained in the 
ordinary course and scope of business, and upon information gathered from other 
BANA employees.  If called to testify as to any of the matters set forth in this 
declaration, I could and would competently testify thereto. 
2. 
In my capacity as a Product Management and State Liaison for BANA, 
my responsibilities include strategy, client care related to operations support, and 
major project implementation, including BANA’s implementation of certain 
requirements under the preliminary injunction order in this case, and BANA’s 
response to and implementation of the regulators’ consent orders and the 
Remediation Plans and Addenda in connection with BANA’s prepaid unemployment 
insurance EDD program.     
BANA’s Remediation Plans with Regulators 
3. 
BANA entered into consent orders with the OCC and the CFPB in 2021.  
In connection with those consent orders, BANA also entered into Remediation Plans 
and Addenda (the “Plans”) with those regulators.  The details within the Plans and 
how BANA continues to implement the Plans today are highly sensitive because 
BANA’s remediation efforts and implementation of the Plans remain ongoing, 
because the Plans have been deemed subject to regulatory privileges and designated 
Highly Confidential – Attorneys’ Eyes Only by the regulators, and because 
disclosure of the Plans could provide fraudsters with a roadmap for how to seek 
additional payments under the Plans even though their claims are fraudulent.   
4. 
I understand that BANA has provided data to Plaintiffs’ counsel 
reflecting certain populations of cardholders subject to BANA’s remediation efforts.  
The data that BANA compiled regarding BANA’s implementation of the 
Remediation Plans is also highly confidential because BANA’s efforts to implement 
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CASE NO. 21-MD-02992-LAB-MSB 
 
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the Plans is ongoing, and because disclosure of such data could be used to potentially 
back into the confidential formulas in the Plans.  
5. 
The data also contains highly personal information pertaining to 
cardholders based on their Alias ID, which is the unique identifier that BANA uses 
to identify each EDD prepaid debit cardholder’s account—including their receipt of 
unemployment benefits, information concerning their prior transactions and claims, 
suspicion of fraudulent behavior, repossession of property, foreclosure, and eviction.   
6. 
Additionally, in some instances, the data identifies cardholders who may 
be eligible for compensation under the consent orders, the Plans, or individualized 
review process.  But this too is highly sensitive because not all of those cardholders 
have received compensation, compensation decisions remain subject to change, and 
the data reflects precise claims amounts and personal information that cardholders 
could use to identify their own claims despite those compensation decisions not being 
final.  
 
I declare under the penalty of perjury that the foregoing is true and correct. 
Executed on this 3rd day of October, 2024. 
 
 
 
 
 
 
 
 
By: s/ Jennifer Lennon____________ 
  
 
 
 
 
 
 
JENNIFER LENNON 
 
 
 
 
 
 
 
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CASE NO. 21-MD-02992-LAB-MSB 
 
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SIGNATURE CERTIFICATION 
Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative 
Policies and Procedures Manual, I hereby certify that the content of this document 
is acceptable to Jennifer Lennon, and that I have obtained Jennifer Lennon’s 
electronic signature in the filing of this document.   
 
 
Dated: 
10/3/2024 
 
/s/ James W. McGarry 
 
 
 
James W. McGarry 
 
 
 
 
 
Case 3:21-md-02992-GPC-MSB     Document 344-3     Filed 10/03/24     PageID.7990     Page
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