Court filing
Declaration of Kelley Lorenzen in Support of Defendants Memorandum — In re BofA Unemployment Litigation (Dkt. 350-10)
Filed October 24, 2024 in In re Bank of America California Unemployment Benefits Litigation; one of 1415 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of California |
|---|---|
| Filed | 2024-10-24 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 350-10 · 2024-10-24 · Docket on CourtListener
Full text
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 Page 1 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Case 3:21-md-02992-GPC-MSB Document 350-10 Filed 10/24/24 PageID.11122 Page 2 of 9 CONFIDENTIAL LORENZEN DECL. ISO DEF’S OPP. TO CLASS CERT 2 CASE NO. 3:21-MD-02992-GPC-MSB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Case 3:21-md-02992-GPC-MSB Document 350-10 Filed 10/24/24 PageID.11123 Page 3 of 9 CONFIDENTIAL LORENZEN DECL. ISO DEF’S OPP. TO CLASS CERT 3 CASE NO. 3:21-MD-02992-GPC-MSB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Case 3:21-md-02992-GPC-MSB Document 350-10 Filed 10/24/24 PageID.11124 Page 4 of 9 Case 3:21-md-02992-GPC-MSB Document 350-10 Filed 10/24/24 PageID.11125 Page 5 of 9 Case 3:21-md-02992-GPC-MSB Document 350-10 Filed 10/24/24 PageID.11126 Page 6 of 9 Case 3:21-md-02992-GPC-MSB Document 350-10 Filed 10/24/24 PageID.11127 Page 7 of 9 Case 3:21-md-02992-GPC-MSB Document 350-10 Filed 10/24/24 PageID.11128 Page 8 of 9 Case 3:21-md-02992-GPC-MSB Document 350-10 Filed 10/24/24 PageID.11129 Page 9 of 9
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