Declaration of Kelley Lorenzen in Support of Defendants Memorandum — In re BofA Unemployment Litigation (Dkt. 350-10)

Summary

Exhibit 9, filed provisionally under seal with redactions, is the declaration of Kelley Lorenzen, a Senior Operations Manager in Case Resolution Operations at Bank of America, N.A., supporting the bank's opposition to class certification in In re Bank of America California Unemployment Benefits Litigation, Case No. 3:21-md-02992-GPC-MSB, U.S. District Court for the Southern District of California. It was filed 10/24/24 as Document 350-10 (9 pages) for a January 17, 2025 hearing. She describes the bank's business records for EDD prepaid debit card accounts, including systems for resolving unauthorized transaction claims, storing recorded calls with cardholders, generating correspondence and applying freezes and blocks. She says her testimony relies partly on information and belief from co-workers who compiled the records produced in discovery.

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EXHIBIT 9
FILED 
PROVISIONALLY 
UNDER SEAL WITH 
REDACTIONS 
PURSUANT TO 
STIPULATED 
PROTECTIVE ORDER
Case 3:21-md-02992-GPC-MSB     Document 350-10     Filed 10/24/24     PageID.11121 
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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. 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
SAN DIEGO DIVISION 
IN RE: BANK OF AMERICA  
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 3:21-md-02992-GPC-MSB 
DECLARATION OF KELLEY 
LORENZEN IN SUPPORT OF 
DEFENDANT’S MEMORANDUM 
IN OPPOSITION TO PLAINTIFFS’ 
MOTION FOR CLASS 
CERTIFICATION 
Date: January 17, 2025 
Time: 1:30 p.m. 
Ctrm: 2D – 2nd Floor  
Judge: Hon. Gonzalo P. Curiel 
FILED PROVISIONALLY UNDER SEAL
PURSUANT TO STIPULATED PROTECTIVE
ORDER  
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CONFIDENTIAL 
LORENZEN DECL. ISO DEF’S OPP. TO CLASS CERT 
2 
CASE NO. 3:21-MD-02992-GPC-MSB  
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DECLARATION OF KELLEY LORENZEN 
I, Kelley Lorenzen, state and declare as follows: 
1.
I am a Senior Operations Manager, Case Resolution Operations for
Bank of America, N.A. (“BANA”), a party to this action. I make this declaration in 
support of BANA’s Opposition to Plaintiffs’ Motion for Class Certification. I am 
authorized to submit this declaration on BANA’s behalf. The information set forth 
in my declaration is true and correct to the best of my knowledge, information, and 
belief. Except where otherwise indicated, the following facts are true of my own 
personal knowledge, from conversations I had with my co-workers at BANA and 
from my review of BANA’s files and business records, and, if called upon to do so, 
I could and would competently testify to the truth thereof. 
2.
In my capacity as Assistant Vice-President, Senior Operations
Manager, I have come to know BANA’s internal processes and procedures. I am 
also familiar with BANA’s record keeping processes and I have access to the 
business records maintained by BANA in connection with its business of managing 
prepaid debit card accounts opened by the California Employment Development 
Department (“EDD”) (“EDD Prepaid Debit Card Accounts” or “Accounts”), 
through which EDD disbursed unemployment benefits. This includes the systems 
of record used for the purposes of resolving alleged unauthorized transaction 
claims; processing, storing, and retrieving recorded calls between EDD Prepaid 
Debit Card cardholders (“Cardholders”) and BANA prepaid debit card call center 
representatives; generating and mailing correspondence to Cardholders; recording 
and applying freezes and blocks to Accounts; and other purposes generally related 
to BANA’s administration of EDD Prepaid Debit Cards and the corresponding 
Accounts. The systems, interfaces, and documents described herein are all business 
records maintained by BANA in the above-described manner (the “BANA Business 
Records”).   
3.
The BANA Business Records are made in the regular or ordinary
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CONFIDENTIAL 
LORENZEN DECL. ISO DEF’S OPP. TO CLASS CERT 
3 
CASE NO. 3:21-MD-02992-GPC-MSB  
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course of business, at or near the time of the act, condition, or event to which they 
relate, by persons employed by BANA and/or its predecessors and/or agents, who 
had a business duty to accurately and completely take, make, and maintain such 
records and documents. On information and belief based on my conversations with 
my co-workers who downloaded and compiled the BANA Business Records in 
response to Plaintiffs’ Requests for Production of Documents (“Plaintiffs’ 
Requests”), BANA downloaded and compiled for production the responsive BANA 
Business Records. 
4.
My testimony in this declaration is on information and belief based on
my knowledge of the systems described herein, my review of certain BANA 
Business Records produced in response to Plaintiffs’ Requests and my conversation 
with coworkers who compiled the responsive BANA Business Records and who 
possess knowledge of the operation of the systems described herein.  
The Systems Accessing BANA Business Records 
5.
During the relevant period, BANA was engaged in the business of
managing prepaid debit card accounts through which certain states, including 
California, deposited unemployment benefits. As part of this operation, individuals 
receiving unemployment benefits from EDD were able to access their benefits 
through an EDD Prepaid Debit Card issued by BANA. BANA’s relationship with 
these Cardholders was governed by a cardholder agreement, including the processes 
through which Cardholders could file disputes with BANA regarding alleged 
unauthorized transactions on their Accounts. 
I.
Call Recordings
6.
As a part of that business, BANA provided Cardholders with a phone
number by which they could call BANA prepaid debit card call center 
representatives.   
7.
Customer service calls during the relevant time period were recorded
pursuant to BANA’s policies. BANA engaged a vendor-provided-software for the 
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