Exhibit 22 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 374-1, 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. 374-1 · 2024-11-20 · Docket on CourtListener

Full text

EXHIBIT 22 
Case 3:21-md-02992-GPC-MSB     Document 374-1     Filed 11/20/24     PageID.13794 
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By usinc or alh::iwine: another to L se your Ca!ifornia Ernr:iloyrnent Deveiopment 
Department Debit Cad, you agree to be bound by the terms and conditions of this 
Ca!ifornic: Employment Deveiopment L€pa1trT:ent Debit Card J\ccounr. Agreement 
C'this Agreernent",i. This Agreement discloses the terms and conditions of your 
Caiiforni~: Employment DeveloprnentDepartment Debit Cird and you are not entitled 
to any rig~:ts or benefits given to deposit account customers or debit card i1oiders at 
Bank of Arnerica, r,Jft uniess such righr.s or benefits are contained in r.his 1\greement. 
Please read this Agreement and the enclosed Fee Disclosure and Other 
Important Disclosures ("Fee Disclosure") carefully and keep it for future 
reference. In this Agn:·ement- "f~ccount" rnear:s the ,;:ccount accessed by your C;::d; 
·'card'' or "C:overnmem_ Prepaid Debit Card' mec1ns the C:ovemment Prepaid Debit 
Card issued by us on behalf of Cc1lifornia Employment Deveiopment Department 
C'EDD"i to en~ib!e you to receive Unernpioyrnent or State Disabiiity insurance 
benefits to eligible recipients, '·you·, and ·'your'' mean H:e recipie:1t to whorn we 
issue a C~ird or his or her legal representative; ~ind •'v've", \1s", and '·our" mean Bank 
or J\rnerica, N.A 
1. General Information. 
General Account Information. Your 1-\c,.::ount is funded by the EDD w:th 
deductions for transactions and ~ees as rnore fully described in t~:is A.gree:ne:1t. 
No interest is paid on H:e baianc2 for any period c,F tirne. 
Individual Accounts Only. [ach Account is individually O\Nned by the recipient 
vvho receives payments from the EDD. No joint. ownership of an J\ccount. is 
permitted. You may have oniy one Card forexh J\ccount 
A.ccounts are Not Transferable. Your J\ccount 1s not transferab!e to any other 
pE•rscn_ We reservE the rieht not to cKknovvledt:E.' or ClCCE.1pt c1ttempted pl2dfes 
or assignments of. or purported securit:; interests in. yoLr Ac.count. 
Business Days. Fm purposes of this /\gree:-nent, our business ciays are !\~onciay 
r.hrough Friday, excluding bank holidays. 
2. Deposits to Your Account and funds Availability. 
Funds Added to Your Account. Deposits lo yoLr Account rnay only be made 
by t!1e tDD. \Ne will add funds to your .A.ccoum only (a) in accordance w:tt1 
i:r:;Lruc.Lions !rnrn Lhe FDD or (b) Lo remedy an error rnade by u:~ m by sorneor1e 
\Nho has accepted your t\ccount. For information on the arnounts and schEduled 
dates of additions r.o your /\ccc,unt. piease contact r.he EDD. Once funds are 
properly deposited, the EDD has no r:ghts to any fund~- in 1:our Account, except c1s 
otherwisr:· provided by ic1vvor the rules of the network used to make the deposit 
When Funds are Available for Withdrawal. Funds are c1vc1ilc1b!e For your use 
on the cl~iy we have been instructed by the tDD to fund your Account. Once 
1.hi~ funrlc, rin=· r=ivr:::!,:ihlE yrn.: rnr:ly rruke thi=• trr=insr1c1.inris dt!suibt:=•d be!nw Funds 
received by us may be delayed for a longer period if there is an emergency, such 
as failure of computer or communications. We will noti:y you if vve delay your 
ability tc rnake transacticns as a resuir. of an emergency and we wil! tel! you 
when funds will be c1vaiic1ble. 
Overpayments and Reversals. if Funds to which you are not entitled are 
deoosi tecl to your Acc:ount bv mi:;t~1k2 or olherwise, 'vve rnav deduct H:ese 
fur\ds frorn you:· Account. If th~re are not enough Funds, we maYoverdraw your 
Account. We can do this without giving you any prior notice or demand. 
"Freezing" Your Account If we suspect i1regular, unauthorized, or uniawful 
activities may be involved with your- Account, we mc:_y "freeze" (or place a hold 
on) the balance pending an invest:gation of such suspected c1ctivities. If vve 
freeze your ;\ccount, we will give you c1 notice require(j by !c1vv. 
CONFIDENTIAL 
3. Transfer Types and limitations. 
Account Access. You rnay use your Card to. 
Cl) Pay For purn1ases at piaces H1at have agreecl to accept tr1e Card ~is 
described belovv 
(2) Withdraw cash from your Account including by wc1y of Ernergency Cc1sh 
lransfers as desuibe(j be!ow. 
(3) -rr~insfer funds from your A.ccount to a checking or s~ivings ~Kcount owned 
by you in the United States vvheneve: you request as c!escribed be!ow. 
(4) l)ay bills direct.Iv lby telephone] from your J\ccount in the amounts and on 
the days you request 
Sarne c,f these sen.nces may not be c1vailable at all r.errninals 
Pure.has.es. Your Card bears the 
'✓isa'·8
·, syrnboi on the Front Face. Your Card 
may bE: used for purchcises al rnerc.r1ar1ts 
-✓,1ho accept Visa clebit cards at ci 
~;1'.~~tc~f;cl~!~X~~i~~i~;~
1
;:i~:~·e~;~a v~-~~!n~~i;i~~~ ~:: :~.:~n;:r~i 1;/;-~~;~-~~r~~ 
at l'DS terrninals that requi1·e a Personal !dentilication l'iumber ,"FIN") Some 
merchants will accept a tra:1saction for an c:mount greater than the goods or 
services purchased and 1.Niii :efund the difference to you in cash. 
Use at Cirrus® or Visa Automated Teller Machines. Your Card rnay be used for 
trans~iuions at Ci:rus or Visa Auto:n~ited Teiler fvlachines (''AfMs") to make c.ash 
withdrawals or ba!ance inquiries requiring ~1 P!N. See the Fee Disclosure for fees 
which may apply t.o /\Tfv1 transactions. lvlost ATMs require that cash withdravvals 
be made in multi pies ot a dcllar amount r:e.g. $1 [: or $20). in addition. some AHv1 
operators have maximum amounts r.h::ir. may be withdGwn ata machine in one 
U;;1r1:,acliur1. Mdny me1d1all.~, lirn:l lJw ;;11-r1uw1L or ca'='h LhaL rr1;;1y bt: olJUirn:d in 
connection with a purchase transaction. 
Obtaining C.ash. Offa.es oF fln~n1cia! institutions lh~il accept Visa ecirds, including 
Bank of A.rneric~i banking ce:1ters, v-,rill accept your Card for obtaining cash. 
Online Funds Transfer. Your Card can be used io transfer funds online to 
a checking or savings account owned by you in the Lrlited States, subject to 
certain restrictions. This type of transfer may on!y be requesr.ed online via 
UH:'. lrilerrwL ;;1L vvwwbanku'a1r:t!r:tdcurn/eddcc:1rd Drict! runds art::· lraisft:rr(:•cl, 
you wili not be abie to have the funds returned to yoLr Account if the routing 
number or ucc.ount number you provide For your checking or sJvings Jccount 
is not correct. 
Emergency Cash Transfers. You may obtain cash ar. a Western Union location 
,n the United Star.es ("Emergency Cash T1·ansfe(). 1\11 Emergency Cash Transfe1· 
requests must be initiated through the Bank of America Caiiforrna Ernpioyment 
Develorrnrnt Dep:1rtmf·nt Debit Card Service Center (the 'Service Crmter") 
All requests for Emergency Cash Transfers are subject to the Emergency Cc1sh 
fransfer Fees stated in the Fee Disclosure. AH requests for Emerf,enc_v Cash 
-rransFers are subiect to \Nestem Union guic!elines which could varv by state 
and couicl includ~ certain dollar limits, identification requirements ~nd other 
restrict.ions. If you request an l~rne1·gency Cash lransfer, you agree that v,1e r1ave 
no liabiliT.y for anv losses or damages Tf1at. '✓OU mav suffer arising out of anv 
actio11, 11011-actior; or deiayed actio11,, rm the r;a1t of \NesterT1 U11io11 oi its agent; 
or any other third party. 
Limitations on Frequency of Transfers. You 1·nay w!th,jraw up to'., 1,000 frorn 
any An .. ,1 each 24--fiou periocl using the Card. For security reasons, tr1ere m~iy be 
iirnits 011 the amcunt, number or type oF transactions lhat you can rnake using 
your C.1rd, Jnd \NC 1r1Jy restrict occcss to your C~1rd if '-NC notice suspicious uctivity. 
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4. Additional Account Agreements. 
A.ccount Alert Service. You may sign up online for text or e:r1ai! aierts (the 
",t,.ccount Alert Service") to the mobile dev1c,.:, or ernc1il address provided by you. 
rext or ernaii alerts are clependt·nt upon users providing a valid and curent 
internet ernail address or valid mobile device phone number. You Gin set up alert 
messaging optior:s oniine at \Nwvv.bankofarneric.a.com/eddcard . .A.fter signing up 
for the Account Alert. Service, you must respond with an appropriate code to an 
aie,t sent to your mobiie device r:double opt-inl in order to begin recei 1iing text 
message alerts. if you do not respond with the cc,de provided in the alert., tt1e 
Account Alert SErvice 1s not aur.horizt:•(t tact-: message references 11-10 lasr four 
digits of the Card for vvhich the :1lert. is sent To chclnge your alert messaging 
options or to discontinue the Se1v1ce, go to www.bankofamerica.com/eddcard. 
if you sign up For the A.ccount A!ert Service, you agree H:at we rnay send you text 
a!e:ls tt1roug~1 your wireless se1vice provide:: We do not c~:arge for tt1e Account 
Aierr. Sen;ice, but you are 1·esponsibie for ail charges and fees associated with 
usage of ernai! or r.ext messages irnposed by your Internet. wireless. or cellu!ar 
service provider(s). 
Depe11d1ng 011 the tirr:1ng and the delivery 111echanis1T:, your balance may 
nol rtflect your most recent transactions. We assume no responsibility for 
transactions ttut rn3y 3ffeclyour b313nc.e after dai!y precessing. 
You understand and agree that the :nfonnation prc,vided to you by email or text 
aie,t is provided "as :s" '.iVithout w.srranty of any kind, either expressed or implied, 
cmd thJt we Jssumc no rc:::.ponsibility for the t.imclinc:::.s, dclctiDn, misdciivcry, 
e1rors in the content of c1ny ernail or text alerts or failure to store any user 
cnm1111;11ic,1fo111c, nr persnn;:ili?atinn <:;(:•tting:,_ In nr, ev:=int sh,:ill we hr lir1hir for 
any special. incidental. indirect. or consequential darnc1ges of a:·1y kind. or- c1ny 
damages whatsoever resulling from loss of use, data or prof ts, -tvhether or not 
advisee! of the possibility of damage, and on any theory of liabiiity, arising out of or 
in conneclion wiH: the use or pmv:sior: of this information. 
The Account Alert Service can be terrninated if we determine that your mobile 
device or email address does not sup1lxtdeiivery of aler-ts, or if you have de-!isted 
your mobile device or ernc1il c1ddress_ In c1dd1tio11, we reserve the right at any time 
and from time-to-time to modify or discont!nue. ternporarily or permanently, the 
AccountAiert Ser.Jice (or any part tt1ereofl wiH: or wthout r:ot:c.e. 
Refunds and Merchant Disputes. You do not receive cash refunds fo, returns 
of rnerchandise or services purchased using your Card. \Nhen a merchant gives 
you a refund. it. :s made on a credit vouct·1er and w!!i appear in your next. rnont.hly 
Account staternenr. or in your t\ccoLmt t·i:stO!)'. You musr. sett!e any disputes you 
hc1ve c1bout the goods or :,ervices direetly \Nith the merchant.. We are not !iable for 
any misrepresenr.ations that a rnerchant makes about the goods or services you 
purchciSe W'ith your Cc1rd, or if 3 rr:erchant for any reason refuses to c1ccept your 
Card or Fc1ils to abide by the appiicablE.' network ru!es eoverning your Cird 
Legal Transactions. You agree thar. you vviil only use :,i1our Card for transactions 
that are legaL For example, Internet gambling transactions may be !!legai in your 
state. Display of a Visa or other logo by an on-line merchant does not mean that 
fra:, t.rr1ns,1r:txm is leg;:il wher0 ynt! rnnd11ct it. Yrn; agr0e th,:it we m,1y ck•clin0 
trc1nsactions we believe may be illegJI m in vioiation of the 3pplicable net.work 
rules. You 3lso agree t.hc1t. if we do not decline the transaction, we rnaychargE your 
Ac.count a;:d we are not liab!e to you if you eng~ige in an iiieg~il transaction. 
ATM Safety" P!ease re Fer to the safety tips for using your Card at A.TMs found en 
the mailer that carne with _your Card. 
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5. Your Responsibility for Authorized Card Account Use and Negative Balances. 
Use of Card and PIN. Your Card and P!N are provided for your u~-e and 
protection and you v-:iii: 
::a) NuL clisllo::ie yuur P!N or rr:'c..urcl iL on yuu: C:ircl or uLhen,vise rnake iL 
avaiiab!e to anyone else; 
(b) Use you1· Card, you PiN and any ATM only as instructed; 
(c) Promptly notify us of any loss or theft of :1our Card or PIN; and 
(d) F1i~ lir::hlE~ fort.ht! rllJt.hnri;,::•d or permilterl 1Jse of yntJr Cmj :md P!!\i 
Authorized Use of Card. If you authorize someone e!se to use your Card or f)IN, 
you wi!! be responsib!e for any transactions initiated by such pei-sonr:s) V.'it.h your 
Card or PIN. Transactions wili be considered unauthorized only after you notify 
us that the person is no !anger authorized to use your Card 
Negative Balances. The amount available on your Card will be reduced 
by the amount of your transactions plus applicable foes. There is no 
overdraft/credit feature on your Acc:cmnt. Hovvever, if r:: 1wgr11.iw! hr1!r1nre 
does occur in your Account, you agree r:a) that we may take the arnount of the 
negative balance from subsequent. additions to your A.ccount or (b) to pay us on 
demand the amount of the negative balance. 
6. Bank Fees. 
Fee Disclosure. E-ank fees associated with your Card are listed in the Fee 
D:sclosure. These fees are imposed by us and retained by us. \Nhen you use 
an ATM not owned by us, you rnay be charged a fee by the AHA operator or any 
netvvork used (and you m~y be charged a fee for a balance inquiry even if you do 
not complete a fund transfer). 
Payment of Fees by You" You agree lo pay a!! fees listed in lhe f'ee D!sc!osure. 
F-ees vvill be t~1k2n from the b3lance of your Account as they occ.ur. ThE EDD rnay 
not charge you any fees in cc,nnection with your Card or your Account. 
Foreign Transactions/Fees. If you use your Card to purchase goods or services 
in a foreign currency or 1n US dollars with a foreign mer-chant or to obtai:: currency 
from an ATM or c1n office of c1 financial institution 1n a foreign country(~ "Foreign 
Transaction"), we will assess an lnternationai Trc1nsaction Fee. Please note thc1t 
r--ore1gn ·rransac.tio:1s include U.S. i11ternet transactions made 1r1 the U.S. but 
wiLh a lun.:·ign ,rit:·rcJ1ar1L ii Lt1e r·ureigr: Trdrisac.Liun is rnacle ir1 U.S. do!!ars, Lht:· 
lnternationai Trans::1ction Fee will be the i:erc.entage of that U.S. do!!ar arnount 
JS disclo:::,cd in the Fee Disclosure. If the Foreign Truns:.1cr.ion is mude in :.1 foreign 
currency, Visa or !v1ast.ercard will convert the transaction into a U.S. dollar amount, 
and the international TransacTion Fee wiii be the percentage of that converted U.S. 
dollar c1mount as disclosed in the Fee Disclosure. Anv International Transxtion Fee 
will be shovvn i:: the tr-c1nsaction section of your n~1onthiy Account staternent or 
in 
history, The currency conversion rc1te used bY Visc1 will be either 
a r~ite selecled by Visa from a range of rates available in wholesale cUirency 
markets for the applicable central process:ng date, \Nt1ict1 rate rnay differ Frorn 
Lhe rale Visa rt:·ct:·ives, or 1)) ~l goverrnneriL··rn&:daled rd Le in 21:ecL ior lhe :: . .er1Lra! 
processing date. The currency conversion rate used by Mastercard ·will be either(!) 
a wholesale market rate selected by Mastercard, or (2) a government-mandated 
rar.e. The rate used by Visa or !\~aste:card on the processing dar.e rnay differ frorn 
the rate 011 the dc1te of your transc1ction 
7. Right to Receive Documentation of Transactions 
a. Terminal Receipts. You usuaiiy can get a receipt at the r.ime you rnake any 
transaction 11vir.h ycu:Card at 3n AT!v1, teiieror POS; except that you may not get a 
receipt 1f the r1mounr. of the trans,xtion 1s $7 .5 or less. ATlv1 receipts ,Jre not final 
becciuse E.'<Kh tr~msaction is subject to vE.irif1catiDn by us_ If the r2ceipt dnd our 
r-ec.ords connict, c,ur records wiil govern. 
b. Pre.authorized Credits. You can call us at 1.866.692.937,1, 7 .866.6~•6.:)913 
TTY or 423.262.15'.)0 (Collect, when ca!!ing outside 1he U.S.), to find out whether 
or not a di1·ect. deposit has been made. 
c. Delivery of Statements and Notkes. If you request to receive your monthly 
P\ccount statement 
mail. V've will delh1er it to the iast address we have on 
our records tor you. 
the Fee Disclosure for the fee for receiving rnonth!y 
Account stc1tements 
mad.] You agree to notify lJ.S proinptly, in wnting, at the 
address !!sted in Seer.ion 11 beiow, of any change of address or you may change 
your address online at vvwwbankoFamerica.c.orn/eddGird. if you receive your 
rn0:1thiy Accountstaternent by mail, you rnay request t~1at ratr1ertt1an receiving 
it by rnaii, you may review it eiectronic.ally. if you vvist1 to do so, you may make 
this request onlir:e at www.bankof3merica.com/eddcard or you rr:ay contact. the 
Service Center at the address CT phone number be!ow 
CARDHOLDERS WHO DO NOT RECEIVE MONTHLY 
ACCOUNT STATEMENTS BY MAIL 
Access to Your Account Information, You m~iy obtai:1 information Jbout 
the amou1t of money you have rem:iining in your Account by calling 
l.866.692.9374, 1.866.6',6'.-')13 TT"/. or 423262 1650 (Collect, when calling 
outside the U.S.). That information is also available when you make a balance 
inquiry at an Ff!v!. This information, along ·with a 12.-rnonth history of Account 
r.rc1nsactions, is aiso available onl1ne at wvvw.bankofamerica.crnn!eddcard. 
You also have the r-ight to obtain a 2.4-month written histmy of Account 
transactions by calling 1.866.692.9374., 1..366.656.5913 TTY, or 423.262.1650 
1:Collec.t, w~:en ca!Hng outside the US), or vvriting to us at. Bank oF .A.1r1erica, 
PO. Box: 8488, Gray, TN 3:1615-·84.38. You vvill not be charged a fee for H:is 
information unless you ,equest it. rnore than once per month. 
Prompt Review of Account lnfonnation" ·You ~ig:·ee to promptly review your 
P\ccount inforrnar.ion and to notify the Service Center at. the address or phone 
nurnber above at once if any Account information sf·:o·,~,1s transactions tt·1at you 
did not rnake or authorize. Section 11 be!ow has rnore specific infonnation 
about disputing transactions, fees, or r:·rrors. 
CARDHOUlERS WHO RECEIVE MONTHI.Y 
ACCOUNT STATEMENTS BY MAil 
Monthly Card Account Statements. Upon your request, we wi!! provide you 
with r::n A.ccni:nt. :;1.r=itt~1T:tmt rnon!.hly ~nr every month in whid1 yrnJr A.crrn1:1t is; 
open. The staterr:ent vvill inciucle information abou l the transactions you made, 
deposits, fees ~ind adjustments to your Ac.count. A fee may app!y to receive a 
mor·:thly paper statement. For more inforrnation see the Fee Disc:losure. 
Prompt R.eview of Statements. You agree to proinptly review your monthly 
/\ccount statements and tc notify the Service Center at the c1ddress or phone 
number above c1t once if ~nystatement shows t.ransc:ctions that you did not make 
or authorize. Section 1 ·1 below h~:s more spec.(·1c inFormati0:1 about disputing 
transactions, fees. or errors shown on your monthly Account statement. 
8. Claims by Third Parties Against Your Account. 
Claims or Disputes by Third Parties Concerning Your Account It " th!rci 
party rnakr:·s a claim again:,t funds in your Accou1·1t, or if vve ~:ave re:1so:1 to 
be!ieve there :s or- rnay be a dispute over matters sLch as the ownership of vour 
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Account or the authority to v'vithdrc1w funds, we may, in our sole discretion c1nd 
in ClCC-'..Jrcbnce with c1pplicabiE• state or Federa! law (a) ccmtim1e to rely ori current 
enrollme:1t forms or other Ac.count documents. ::b) honor the competing claim 
upon receipt of evidence \jife deem s~itisfactory to justify sud: action, (c.) Freeze 
all or part of the funds until the dispute :s resolved to our satisfaction, or (d) pay 
the funds into an appropriate court of law for resolution. 
liens and Attachments. Foliowing receipt by us of any not.ice of lien, process 
in att.xhment, garnishinent o:· other proceeding rEiating to you or your Account, 
we are authorized, without noticr:· to you, unless otherwise required by law, to 
wiH:hoid trans!er of so much of th2 balance 01· your Ac.count as m~iy be the 
subject of sud1 notice er process, and to pay sucr1 amount to tt1e cou,t or creditor, 
i11 ac.c.ordanc.e with app!icab!e stat!:' or federal !aw without respor:~ibi!ity to you 
for such withholding or payment or for refusa! to honm transfers rnade by you. 
9. Bank of America's "Zero Liability" Policy for Unauthorized Transactions. 
Federal law (described in the sect.ion belovv entitled 'Reguiat.ion E Liability 
Disclosure; Your Liatiility in Case of Loss, Theft. or Unauthorized Transactions'') 
may iimil your liability ior unauthorized tr~1nsactions on your A.ccount. but you 
rnay still be liabie in some c.ircumstanc.es. Uncle:- the Bank of America '·zero 
liabi!IL{ po!icy, you rnay incur r10 liab!!!!.y :or ur1auLhmiLed use o: your Card up 
to the arr:ount of the unauthorized transaction, prnvided you notify us vtithin 
a reasonable tirne of the loss or r.heft of your Card, Card number or F'l!\J or its 
unaut.hor:zed use. subject to the follovving term.:; and conditions· 
Exduded transctctions" Ou:- zero !iability policy does not apply to any 
unauthor:zed electronic. Fu11d Lransfe, on an account which does not irwol·ve use 
oF a Card or C~ird numbe1: 
"Unauthorized" defined. A t1ansactio:1 is cor1:,idered ''u1E1utllorized" if it is 
initiated by sorr:eone other than you (the cardholder) without your actual or 
,;1ppat•nt. authority, .:md you receivr:· 110 benefit from the trc:nsact.ion. /\ transaction 
is not considered "unauthorized·, if 1) you furnish yourCJrd. Card numbe1·orother 
identifying information to another person c1nd expressly or implicitly give that 
individual authority to perforrn one or more tr~insactions, and H:e person then 
exceeds th~it authority, or 2) For ~iny other reasc,ri we conciude that the facts and 
circumstances do not reasonably support a c.l~iirn of unauthorized use. 
"'Reasonable" time defined. Re.asonable tirne wi!! be determined in ou1· so!e 
discretion based on the circurr:stances but wili not be iess than the tirne 
framrs specfied under the Eiectronic Fund Transfer J\ct or F<€gulation E (see 
Section l O below). 
Other considerations. WE rnay ask you for a written stateme:1t, afF1davit or other 
~~~-:;~:1~
0
::i~~~i~e~~-::\i~!ur~~~~s{~~r oc~:~:~f/~u:~~)s%~~~;:l~i~~et~\e ~%q~:~~ei~ 
stated. and we have no knc,wiedge or the facts or other docurnentation to rurther 
investigate or confirrn your cia:rn, our ze1·0 liabiiiT.y policy may not apply. 
limitation of our liability. Our liability underthis policy is limited to reirnburs!ng 
you for the a1r1ount oF your loss up to the face amount of any unauthorized card 
tr~1nsaction covered by tt11s poiicy. VVe are not liabie For any claims, losses or 
cl~irnages ttiat arise out of your misuse of tt1e Card. We are not li~ib!e for ~iriy c.laims 
of speciaL indirect or ccinsequer-:tial damages. 
Your rights under Regulation E. If you1· clairn does not rneet the p!·escribed 
conditions for :·e1rnbursement under tt-:e above po!1cy. you st11: retain c1ny 
cor1surm::•; 1:ghl.': you rrkiy hcM: u;1dt::-r F<q;ulal.:or1 E, as d!:'Scr:bed :r1 5t:clim1~, 10 
and 11 belovv, and ·Ne v,ili automaticaiiy re-examine the ciaim in accordance \Nith 
those rights. 
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BANA_EDD_MDL-00440225 
Case 3:21-md-02992-GPC-MSB     Document 374-1     Filed 11/20/24     PageID.13795 
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10. Regulation E Liability Disdosure; Your liability in Case of Loss, Theft, or 
Unauthorized Transactions. 
Contact Us Promptly. Plec1se contact us at the ntxnbers listed below AT or,icE 
if you believe your Card hJS been !ost or stoien, or if 
believe thc1t 5,omeone 
rnay use or has used your Pl~~ assigned to your 
without your perrniss:on. 
Te!ephonirig is the best way oF keeping _your possible iosses clown. You couid lose 
a!! the rno:1eyinyour Account !:-you tell us withint\NO busin2ssdays after you learn 
of t~:e ioss or t~:e\ you Gin lose no more than S50 for an unauthorized transaction 
or a series of relat.ed unautt1orized transfers should someone use your Card or Plf\l. 
do f'~OT tel! us within tvvo busines5 ciavs after you IG1rn of the loss or theft 
yrn,r Card or FJ!N and 1Ne cc1n prove we could have stopped sorneone from 
using yoLr Card or PIN wir.hout your penniss:on it you had told us, you could 
lose as muct1 as S,500. 
A!so, if your rnonth!y Arrount statement or your Account history shows transfers 
that you did not. make, including those made by your Card, [3rd number, F'!N or 
other rneans. te!I us at once. If you receive a montt·i!y A.ccount statement and you 
do not te!! us vvitt•i:n 60 days after the statement. was rnailed to you, you rnay not 
get back any llloney you lost after the 60 days if we can prove that we couid have 
stopped someone from taking the money if you had contacted us c,n time. If a 
good reason (such c1s a long trip or a hosp:tal stc1y) kept you from telling u·;, vve vvil! 
extend the time periods. 
If vou do not receive a month Iv Account statement and do not tell us 1Nithin GO 
d;ys :.1ftcr the curlier of the d~Jtc you electronically cJCcess your /\ccount if the 
e1Tor could be viewed in your electronic history or the date we sent the FIRS-f 
v\tr:tt0n h:<-.tnry nn v._;hich the 0rrc,r ,1ppr:1red (h1Jt in r1ny rv0nt within 770 
after the t.ransact:on allr::·gedly in effor 1;vas credite,J or debited to 
you may not get bxk any money you lost after the applicable 
period if we Gin prove that \Ne could have stopped someone From t~iking the 
rnoney iFyou had rnnt:icted us on time. If a good reason (suer: as a !ong trip 
or r1ospita! stay) keeps you Frorn notifying us, \Ne will extend Hie time periods 
If )OLJ believe your Card has been lost or stolen. call us at 1.865.692-9374. 
7 .866.6.56.'.)913 TTY. or 423.262. 7 6~~.o r:collect, Nhen calling outside the U.5.) or 
write to· [Jank ot America, PO. Box 8488, Gray. Tr, 3761.5-8488. 
NOTE: These liability rules are est~:b!ished by ~;egu!ation E which covers accounts 
that involve the use oF a Card. Our zero liability policy, as described in Section 
9 above, regarding unauthorized tr~insactions rnay give you more protection, 
provided you report tt·1e transact.ions promptly. You shou!d also note tt:at vvhen 
you give someone your Card or P!N, you ::ire aur.horizing that person to use your 
Card and you are responsible for a!I trans3ctions that person perforrr:s 1Nith your 
Cxd or P!N. These transc1ctions 3re c1uthorized trc1nsactions. Transactions are 
considered u11c1uthorized oniy after you notify us th,;:t the person :s no longer 
a1Jthmi1ed. Rem0mher. cio not. write yn1Jr PH~ 011 yn:!r Card m carry yoiJr P!N 
wiH: you. Tr:is reduces the possibility of someone using your Card vvithout your 
permissicn if it is !ost or stole:1. 
11. Error Resolution. 
In Cc1se ot Errors or Questions About Ym r Transc1ct:ons: 
Telephone us at: l -866.592.937-1 
7 .865.6.56.5913 TTY 
423.252. 15:)D (Collect, when calling outside the U.S.) 
Or write ta: 
Bank of f\merica 
P.O. Box 81188 
Grc1y, TN 3761:)--8488 
8 
CONFIDENTIAL 
CARDHOUlERS WHO RECEIVE MONTHLY 
ACCOUNT STATEMENTS BY MAIL 
can if 
think your monthly J\ccount. stc1t.ement 
or receipt 
more information about a transc1ct:on listeci 
on the st,3terne:-1t or receipt We rnust hearfrorn you no !aterthan SO days 
~iFter we sent the F!RST st~iternent c,n vvhich the problem or error appeared. 
You wi!! need to tell us 
(a:1 Your narne and Card Account nurnbei: 
(b) Why you be!ieve tr1erE is an error, and the cloiiar amount invo!ved. 
(C:1 Approximately when the error took pl~ice. 
If you te!I us orally, we rnay require that you send you1·cornplaint or question in 
vvriting within 10 business days. 
CARDHOLDERS WHO DO NOT RECEIVE MONTHLY 
ACCOUNT STATEMENTS BY MAIL 
Call or write as soon as you can !r you think an error has oc.cu1red in your Account. 
We rnust allow /OU to report an error um!! 60 days a"r.er the earlier of· r.he date 
yuu t:lt:u.ron:c.diiy :Ku!ss your /;ccmml, u· LI 1t: t:r1ur coukl bt! vit!W(:•d :n your 
elect.rornc history, or the date vve sent the Fli':ST vvritten history 011 v,;hich the 
error appeared, but in any event you must report the e:ror no more thar: 7 2.0 
days after U1e transaction aiiegedly in error ·•rvas credited or debited to your 
Account. You may request a writte:1 history oF your transactions at any time 
by ca!ling or 'Nriting to us at tr:e numbers and ~iddress listed ~ibove. You vviH 
need to tell us 
( 1) Your narne and Card J\ccount number 
(2) Why you beiieve there is an erro~ and the doiiar amount involved. 
(3i Approximately 1Nt1en the error took place. 
If you te!I us orally, we may require that yoL send us your cornp!aint or question 
in wi-iting within 10 business days. 
WHEN YOU Will HEAR FROM US. 
We vvill determine vvhether an error occurred with:n 10 business days after 
WE' h2dr From you----and will corrt:·ct cmy ermr promptly. if we neE1d more 
tirne. howe'.:er, we may take up to -1:-) days to investigate your complaint 
or question. If we decide to do this. vve wiH credit. your J\ccount witr":in l 0 
business days for the amount you think is in error. so that. you 1JVill have the 
money dunng the time it takes us: to con-:piete our investigation. if we Jsk 
yc,u to 
jtour coinp!aint or question in writing and we do not receive it 
within 
business days, vve may not cre,:jit yo Lr Account. 
F-c,r errors involving new s::iccounts, POS, or foreigr1-·init:ated trans~ictions, 'Ne 
may take up to 90 days to investigate your complaint or question. For new 
accounts, we may take up to 20 business days to credit. your f1,ccount for the 
arnounl ym. Lhirik is iri error. 
We wiii tell you the resuits within three business (jays after cornpiet:ng 
our investigati,)n. If we decide that tl-1ere was no error. we 1Nill send you 
~1 written e .. ::p!an~ition. You rn~iy ask for copies of Hie documents U1at we 
used in our irr·iE'stigation. if you need rr-:ore inFmrnatim1 about our !:'Jror-
resolution procedures, ca!! or write to us using the contact infonnation 
listed above. 
12. Our liability for failure to complete transactions. 
If we do not complete a tr?.Jnsfer to er from yoLr Account on tirne or in the correct 
arnount according to this Agreement, we \'.:ill be iiable for your lesses or dan-::;:ges 
However, there are some except.i,:ms. We will not be !:able, for in·;tance· 
• ! F, t~1rough no f auit of ours, you do not have enough avaiiabie money in your 
J\ccounl to make the tr~1nsaction; 
• !f the A!l,1 where you are rnafdng H·:e transacr.ion does not have enougt·: cash; 
• If the /;ltvl, terminal or svstem was not 'No1'king properly and you knevv 
about the breakdown when you started the trc:nsaction; 
• If circumstances beyond our control (such as power outages, equipment 
Failures, fire or ~ood) prevent the transaction, desp:te reason3b!e precautions 
that we have taken, 
• if your Card or Pl~J has been reported r.o be. or suspected of being, lost or 
stoit:n, and we have taken action to prevent transact:ons vvitl: the Card or Pl~~; 
• If your Acc:01.:nt i-; Si1hjE~cl to somt:• IE~gr::! prtxi::oss, right of SE~toff or 
encumbrance restricting the tr~H1saction. or if the Funds in your Account are 
not immediate!y available for comp!eting ~1 transaction. 
13. ?reauthorized Transactions 
Right to Stop Payment and Procedure for Doing So. If you have told us in 
advance t.o make regular payments out of your Account., you can stop any of 
these pay1-nents. Here·s how, 
Cui! u~, Jt 1.866.692.9374, 1.866.6.56 .. 5913 TT\ or 423.262.1650 (Colle-ct. 
when calling outside the U.S.), or write us at: Bank of A.merica, P.O. Bo.x: 8488, 
Cr~iy, TN :3/h.l ")-848.S, in ti1rn~ For 11s to rt~reivt! yrnJr rt!q1.:t!s!. 1.hr'f•t: husim!ss 
days or ;nore before the payment is scJ:ec!u!ed to be made. If you call, \Ne may 
also require you to put your request in w!·iting and get it to us within 14 days 
after you call, 
Notice of Varying A.mounts. If these regular p~yments inay vary in arnount, 
the ~•erson you are go:ng to pay will tell you, l O dc:ys before each payment. when 
it wiii be made ~ind r:cw much it will be. 
Our liability for Failure to Stop Payment of PreauthorizedTransfers. lfyou 
order us to stop one of these p~iyrnents three business clays or more before 
the transfer is scr:ecluled, ;md we do not do so, vve will be liab!e for your 
losses or damages. 
14. Privacy 
As p::irt of establishing your Account, you \Nill receive wilh your Card a copy 
of the !)repaid Card f)rivacy Notice v,hich genera!!'y' addresses our policy for 
~'~~~dl~~fv:::~ ~~~~~~~s~~g,;:;:~:.:~t~~a~~~~,~~~~o~~~~;r;~~i~~~i~~~;v~~~-~ ~::~:~~-
to any i::tmm:Jtion we collect trorr: you as a resuit ot your Card. we will only 
s!-::;:re suet-: information rel:Jte,j to your t\ccount, fr-om t:me to r.:me, subjecr. 
Lo any ~ippl:c..able :-1nar1c..ia! priv& .. y iaws ur oltler iav1;·s ur regulaLiurb, (~1) vvt1ere 
it is necessary for completing transactions; 1:b) in response to any subpoena, 
surnrnons, court or Jdrninist:·uti··iC crdcr, or other lcgc1i process 'Nhich we bc!icvc 
requires our cornpiiance; 
in connect.ion 1N!t.h collection of indebtedness or 
t.o report. !o:;ses inc:1Jrred 
1Js; ::d) in rnmpliance with any agreement. between 
us and a professional, regulatory or disciplinary body; (e) in connection with 
potent:a! saies of bus:nesses, (f) to sen1ice providers who help us meet your 
nee(js by assisting us :n providing the services under this Agreement; or (g) If 
you give us your writt,.::·n penniss:on. 
10 
15. Recording and Monitoring Telephone Calls. 
We rnay record or rnonitor telephone calls between you :.md us. We need not 
remind you of oLr recording m monitoring before each cail unless 1·equired to 
do so by law. 
16. Amendment/Termination. 
Amendments. We rnay at any tirne. change the terms and conditions in this 
Agreement, including H·:e 3mmmt of any fee. We may add new terms and 
condit:ons and we ma', dE:lete or amend existing te1·ms and cond:tions. We 
generally send you at ·least 21 days· advance nOt:ce of an adverse change. 
including !ncrease,j fees to you. increased liability for you, fewer t/pt:-s of 
available electronic funcl transfers, or stricter limitations on tt1e frequency er 
dollar a1T:ou11t of tra11sf(::rs. if ~1 change is r:ot adver~e to vou, ho·Never, we rriav 
make the change at any tirne without advance notice. if ;,ou do not agree 'Nit~1 
the ch:mgc, you rnuy c!osc your Account. However, if you continue t.o use your 
Account or keep it open, you accept. and agree to the change 
Our Closure or Suspension of Your Account. We may close or suspend your 
Account at c1ny time. Your (.ard rernc1ins our prope11y We may cc1ncel your right 
to Lse :1mw Card c1t any time. Once your f~ccount has been closed, you agree to 
discontinue using your Card. If we C!ose your Account, WE' rnay, dt our option, .::1pply 
the rern~iining b~ibnce to a new account for your benefit. If you r:ave not spent the 
remaining balance prior to Ac:countclosure, you may contact the Service Center to 
request a check fer the remaining balance. less the Paper Check Fee. 
Your Closure of Your Account. I( at the time you close your Account. all 
transactions have cleared and there is no remaining baiance, your /\ccount will 
be ciosed to further use. If there is a remaining balance, you may use your Card 
to reduce the b~ilcince to zero before ciosing your· Ac.count. Alternatively, you can 
cont~ict the Service Center to request a cr:eck for the rem~:ining balance 01· your 
Account, !ess H:e P~iper U1eck r--ee. or request an Emergency C~1sr1 ·rr~insfer. You 
umlersLand LhaL you are re'.::ponsib!e ror negalive balances LhaL oc.cur ail.er your 
notice of closure t.o the same extent as provided in this /\greErnent for an open 
Account. You cigrce to dcstr:iy your CJrd after your Account is c!oscd 
17. Unclaimed Property. 
Any remaining uncic1in1ed baia::ee 1Niii be reported and rernitted as unclc1i:11ed 
property to the appropriate state as required by state lciw after a period oF time 
defined by that state·s iaw. A.fter vve turn lhe funds over to the sUte, ·,Ne have no 
further liabilit:1 to you For the funds ~md you rm:st apply to the appropri.::1te statE' 
ager·:cy to reclaim your funds. 
18. Governing Law/Severability. 
This Agreemem will be governed by the !aws and reguiat:ons of the Un:ted 
States and, to the extent not so covered, by the lavvs and reguiations of the State 
of North Carolina. A. determination ths::it any part oF this Agreement !s invaiid or 
unenforcecibie wi!I not a1ect the rernainder of this Agreement. 
19. English Document Controlling. 
J\s a se1vice that we rnajt provide to you at your request, v•ie may con-:rr:unicate 
certain inform,;:tion to you in Spanish. 1\ny legal cl,;1rifications which may need 
to be made will be based on the use and appl:cation of the Engiish versions. 
incl11ding b1.:t :1ot limi1Hl to 1.hi'; AgrPE!rnenl .=ind thE• Ft!E! Disc!e:stJrt! 
20. Fee Disclosure and Other Important Disdosures. 
J\ copy of our Fee Disclosure and Otr·:er Important Dise!osures is included \Ni r.h, 
a1KI ir1uxpural.t:ci i11, LhisAg1t:t:rnt:r1L. 
Rev 10/17 
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DPP-047041 
12 
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BankofAmerica ~ 
California Employment 
Development Department 
Debit Card 
Account Agreement 
Effective Dote March l, 2018 
I 
BANA_EDD_MDL-00440226 
Case 3:21-md-02992-GPC-MSB     Document 374-1     Filed 11/20/24     PageID.13796 
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