Court filing
Exhibit 19 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 396-1, S.D. Cal. No. 3:21-md-02992)
Filed December 6, 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 | 2024-12-06 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 396-1 · 2024-12-06 · Docket on CourtListener
Full text
Exhibit 19
Case 3:21-md-02992-GPC-MSB Document 396-1 Filed 12/06/24 PageID.24057
Page 1 of 44
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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_____________________________
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)
IN RE BANK OF AMERICA )
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CALIFORNIA UNEMPLOYMENT )No. 3:21-02992-md-LAB-MSB
BENEFITS LITIGATION, )
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)
_____________________________)
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)
This document relates to all )
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actions. )
_____________________________)
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VIDEOTAPED DEPOSITION OF JENNIFER LENNON
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30(B)(6) ON BEHALF OF BANK OF AMERICA
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Los Angeles, California
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Friday, February 23, 2024
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Volume I
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18
19
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Stenographically Reported By:
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Melissa M. Villagran, RPR
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CSR No. 12543
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Job No. 6459992
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PAGES 1 - 326
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Videotaped deposition of JENNIFER LENNON,
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Volume I, taken on behalf of Plaintiffs at 601 South
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Figueroa Street, 41st Floor, Los Angeles,
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California, beginning at 9:22 a.m. and ending at
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6:02 p.m. on Friday, February 23, 2024, before
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Melissa M. Villagran, RPR, Certified Shorthand
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Reporter No. 12543.
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A P P E A R A N C E S :
2
3
F o r P l a i n t i f f s :
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C O T C H E T T E P I T R E & M c C A R T H Y
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B Y : B R I A N D A N I T Z
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A N D R E W F . K I R T L E Y ( Z o o m )
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K A R I N S W O P E ( Z o o m )
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V A S T I M O N T I E L ( Z o o m )
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A t t o r n e y s a t L a w
1 0
8 4 0 M a l c o l m R o a d , S u i t e 2 0 0
1 1
B u r l i n g a m e , C a l i f o r n i a 9 4 1 0 1
1 2
6 5 0 . 6 9 7 . 6 0 0 0
1 3
b d a n i t z @ c p m l e g a l . c o m
1 4
a k i r t l e y @ c p m l e g a l . c o m
1 5
K s w o p e @ c p m l e g a l . c o m
1 6
V m o n t i e l @ c p m l e g a l . c o m
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
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A P P E A R A N C E S : ( C o n t i n u e d )
2
3
F o r P l a i n t i f f s :
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A L T S H U L E R B E R Z O N
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B Y : C O N N I E K . C H A N
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M I C H A E L R U B I N ( Z o o m )
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S T A C E Y L E Y T O N ( Z o o m )
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A t t o r n e y s a t L a w
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1 7 7 P o s t S t r e e t , S u i t e 3 0 0
1 0
S a n F r a n c i s c o , C a l i f o r n i a 9 4 1 0 8
1 1
4 1 5 . 4 2 1 . 7 1 5 1
1 2
C c h a n @ a l t s h u l e r b e r z o n . c o m
1 3
1 4
F o r I n d i v i d u a l P l a i n t i f f s :
1 5
S W I G A R T L A W F I R M
1 6
B Y : J O S H U A S W I G A R T ( Z o o m )
1 7
D A N I E L S H A Y ( Z o o m )
1 8
A t t o r n e y s a t L a w
1 9
2 2 2 1 C a m i n o d e l R i o , S u i t e 3 0 8
2 0
S a n D i e g o , C a l i f o r n i a 9 2 1 0 8
2 1
8 6 6 . 2 1 9 . 3 3 4 3
2 2
j o s h @ s w i g a r t l a w g r o u p . c o m
2 3
d a n i e l @ c o n s u m e r l i t . c o m
2 4
2 5
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A P P E A R A N C E S ( c o n t i n u e d ) :
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F o r D e f e n d a n t B a n k o f A m e r i c a N A :
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G O O D W I N P R O C T O R
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B Y : M A T T H E W R I F F E E
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V I R G I N A I M c C O R K L E ( Z o o m )
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A t t o r n e y s a t L a w
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1 9 0 0 N S t r e e t N W
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W a s h i n g t o n , D C 2 0 0 3 6
1 0
2 0 2 . 3 4 6 . 4 1 7 7
1 1
M r i f f e e @ g o o d w i n l a w . c o m
1 2
M m c c o r k l e @ g o o d w i n l a w . c o m
1 3
1 4
V i d e o g r a p h e r :
1 5
S t e v e n T o g a m i
1 6
1 7
A l s o P r e s e n t :
1 8
A m a n d a L a v s
1 9
2 0
2 1
2 2
2 3
2 4
2 5
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INDEX
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DEPONENT EXAMINATION
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JENNIFER LENNON
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Volume I
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BY MR. DANITZ 18
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BY MS. CHAN 163
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9
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EXHIBITS
11
DEPOSITION PAGE
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Exhibit 128 Revised Notice of Deposition 19
13
of Defendant Bank of America
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Exhibit 129 Bank of America's Responses 26
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and Objections to Plaintiff
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Yick's First Set of
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Interrogatories, Set 1
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Exhibit 130 Preliminary Injunction 34
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22
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INDEX (CONTINUED)
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EXHIBITS
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DEPOSITION PAGE
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Exhibit 131 Bank of America's First 53
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Supplemental Responses and
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Objections to Plaintiff
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Yick's First Set of
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Interrogatories
10
11
Exhibit 132 Unemployment Insurance 56
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Prepaid Card Program
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Remediation Plan
14
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Exhibit 133 Addendum to the remediation 134
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plan
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Exhibit 134 Addendum 135
19
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Exhibit 135 Bank of America's Second 173
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Supplemental Responses and
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Objections to Plaintiff
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Yick's First Set of
24
Interrogatories
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INDEX (CONTINUED)
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3
EXHIBITS
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DEPOSITION PAGE
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Exhibit 135-1 Exhibit 1 to BANA's Second 173
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Supplemental Response,
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spreadsheet
8
9
Exhibit 135-2 Exhibit 2 to BANA's Second 174
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Supplemental Response to
11
Plaintiffs' Interrogatories,
12
spreadsheet
13
14
Exhibit 135-3 Exhibit to BANA's Second 174
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Supplemental Response to
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Plaintiffs' Interrogatories,
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spreadsheet
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Exhibit 135-4 Exhibit 4 to BANA's Second 174
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Supplemental Response to
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Plaintiffs' Interrogatories,
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spreadsheet
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24
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INDEX (CONTINUED)
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3
EXHIBITS
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DEPOSITION PAGE
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Exhibit 135-5 Exhibit 5 to BANA's Second 174
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Supplemental Response to
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Plaintiffs' Interrogatories,
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Spreadsheet
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10
Exhibit 135-6 Data dictionary 175
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Exhibit 135-7 Document identifying the card 175
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alias IDs for the plaintiffs
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Exhibit 135-8 Letter dated September 18, 175
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2023
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Exhibit 135-9 Letter dated September 22, 176
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2023
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INDEX (CONTINUED)
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EXHIBITS
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DEPOSITION PAGE
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Exhibit 136 Bank of America's Revised 179
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Second Supplemental Responses
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and Objections to Plaintiff
8
Yick's First Set of
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Interrogatories
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Exhibit 136-1 Revised Exhibit 1 to BANA's 179
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second supplemental response
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to plaintiffs'
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interrogatories, Spreadsheet
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Exhibit 136-2 Spreadsheet 180
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18
Exhibit 136-3 Revised Exhibit 3 to BANA's 180
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second supplemental response
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to plaintiffs'
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interrogatories, spreadsheet
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23
24
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INDEX (CONTINUED)
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EXHIBITS
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DEPOSITION PAGE
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Exhibit 136-4 Revised Exhibit 4 to BANA's 180
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second supplemental response
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to Plaintiffs'
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interrogatories, spreadsheet
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10
Exhibit 136-5 Revised Exhibit 5 to BANA's 180
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second supplemental response
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to plaintiffs'
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interrogatories, spreadsheet
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Exhibit 136-6 Verification of revised 181
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second supplemental
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interrogatory responses
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19
Exhibit 137 E-mail 191
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21
Exhibit 138 E-mail 199
22
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Exhibit 139-6 BANA's Exhibit 6 in response 206
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to Interrogatory 21
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INDEX (CONTINUED)
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EXHIBITS
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DEPOSITION PAGE
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Exhibit 139-7 BANA's Exhibit 7 in response 206
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to Interrogatory 22
7
8
Exhibit 139-8 BANA's Exhibit 8 in response 206
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to Interrogatory 27
10
11
Exhibit 139 Bank of America's Responses 205
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and Objections to Plaintiff
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Yick's Third Set of
14
Interrogatories
15
16
Exhibit 140-6 Revised Exhibit 8 to BANA's 209
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Response to Plaintiffs'
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Interrogatories, Spreadsheet
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Exhibit 140-7 Data dictionary to BANA's 209
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Response to Plaintiffs'
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Interrogatory 27, spreadsheet
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Exhibit 140 E-mail 208
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INDEX (CONTINUED)
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EXHIBITS
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DEPOSITION PAGE
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Exhibit 141-11 Exhibit 11 to BANA's Response 216
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to Plaintiffs'
7
Interrogatories, spreadsheet
8
9
Exhibit 141-12 Exhibit 12 to BANA's response 217
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to Plaintiffs'
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Interrogatories, spreadsheet
12
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Exhibit 141-13 Verification 236
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Exhibit 141 Bank of America's Responses 216
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and Objections to Plaintiff
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Yick's Fifth Set of
18
Interrogatories
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Exhibit 143-10 Exhibit 10 to BANA's Response 293
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to Plaintiffs'
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Interrogatories, spreadsheet
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24
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INDEX (CONTINUED)
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EXHIBITS
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DEPOSITION PAGE
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Exhibit 143-11 Verification of Interrogatory 294
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Responses
7
8
Exhibit 143 Bank of America's Responses 293
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and Objections to Plaintiff
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Yick's Fourth Set of
11
Interrogatories
12
13
Exhibit 143-9 Exhibit 9 to BANA's Response 293
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to Plaintiffs'
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Interrogatories, spreadsheet
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17
18
19
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I N D E X ( C O N T I N U E D )
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I N F O R M A T I O N R E Q U E S T E D
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( N o n e . )
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I N S T R U C T I O N N O T T O A N S W E R
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P a g e L i n e
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8 5 1 4
1 0
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Los Angeles, California; Friday, February 23, 2024
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9:22 a.m.
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THE VIDEOGRAPHER: We are on the record at
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9:22 a.m. on February 23, 2024. 09:22:43
6
Please note that the microphones are
7
sensitive and may pick up whispers, private
8
conversations, and cellular interference.
9
Audio and video recording will continue to
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take place unless all parties agree to go off the 09:23:00
11
record.
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This is Media Unit No. 1 of the
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video-recorded 30(b)(6) deposition of defendant Bank
14
of America, N.A., regarding certain topics through
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Jennifer Lennon, taken by counsel for the plaintiffs 09:23:16
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In Re Bank of America California Unemployment
17
Benefits Litigation filed in the United States
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District Court for the Southern District of
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California, Case No. 3:21-MD-02992-LAB-MSB.
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This deposition is being held at Goodwin 09:23:43
21
Procter located at 601 South Figueroa Street,
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Los Angeles, California 90017.
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My name is Steven Togami from the firm
24
Veritext Legal Solutions, and I am the videographer.
25
The court reporter is Melissa Villagran from the 09:24:01
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firm Veritext Legal Solutions.
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I am not related to any party in this action
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nor am I financially interested in the outcome.
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If there are any objections to proceeding,
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please state them at the time of your appearance. 09:24:15
6
At this time, will counsel and all present
7
please state their appearances and affiliations for
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the record, starting with the noticing party.
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MR. DANITZ: Good morning.
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Brian Danitz of Cotchett Pitre & McCarthy for 09:24:33
11
the plaintiffs.
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MS. CHAN: Connie Chan of Altshuler Berzon
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LLP for the class plaintiffs.
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MR. RIFFEE: Good morning.
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Matt Riffee of Goodwin Procter for Bank of 09:24:40
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America.
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THE VIDEOGRAPHER: Thank you.
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Counsel on Zoom, could you please state your
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appearance.
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MR. SHAY: Yes. Good morning. 09:24:51
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Daniel Shay representing the individual
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plaintiffs. We've also got Joshua Swigart. He may
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or may not be on the line, but he's here as well.
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And then Ilana -- I forget how to say her last name,
25
but she's here as well for the individual 09:25:04
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plaintiffs.
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MS. MCCORKLE: Good morning.
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You also have Virginia Selden McCorkle from
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Goodwin on behalf of the defendant.
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THE VIDEOGRAPHER: Thank you. 09:25:19
6
Can we please have the oath.
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COURT REPORTER: Please raise your right
8
hand.
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Do you solemnly swear that the testimony you
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are about to give will be the truth, the whole
11
truth, and nothing but the truth, so help you God?
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THE DEPONENT: I do.
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JENNIFER LENNON,
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having been administered an oath, was examined and
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testified as follows:
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EXAMINATION
19
BY MR. DANITZ:
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Q Good morning, Ms. Lennon. 09:25:36
21
A Good morning.
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Q Please state and spell your name for the
23
record.
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A Jennifer Lennon, J-e-n-n-i-f-e-r,
25
L-e-n-n-o-n. 09:25:48
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Q Thank you.
2
And you're an employee of Bank of America?
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A Yes.
4
Q And what is your current title?
5
A Senior vice president, product and state 09:25:55
6
liaison.
7
Q Thank you.
8
And you've been designated as a corporate
9
representative for purposes of this deposition; is
10
that correct? 09:26:06
11
A That's correct.
12
Q All right. Let's -- I'll show you the
13
exhibit premarked as 128.
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(Exhibit 128 was marked for
15
identification and is attached 09:26:17
16
hereto.)
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BY MR. DANITZ:
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Q Take a look at that.
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Exhibit 128 is the Revised Notice of
20
Deposition of Defendant Bank of America. 09:26:23
21
Have you seen this document?
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A I have.
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Q Thank you.
24
And you've been designated as the corporate
25
representative on a number of topics that are in 09:26:39
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this notice; is that correct?
2
A That's correct.
3
Q Specifically, you've been designated under
4
Topic 28; is that right?
5
A Yes. 09:26:50
6
Q And that's the CFPB and OCC remediation plan
7
and Bank of America's implementation of the
8
remediation plan; is that correct?
9
A That's correct.
10
Q And also Topic 29 is something you're 09:27:00
11
designated for; is that correct?
12
A That's correct.
13
Q And that's the basis for and status of
14
payments under the CFPB, OCC remediation plan; is
15
that right? 09:27:16
16
A Yes.
17
MR. DANITZ: And for the court reporter,
18
that's "remediation."
19
BY MR. DANITZ:
20
Q And you're also designated for Topic 30; is 09:27:24
21
that correct?
22
A That's correct.
23
Q And that's the meaning of the data produced
24
to date in this case in response to interrogatories
25
regarding affected consumers, Bank of America's use 09:27:37
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or implementation of the claim fraud filter and/or
2
Bank of America's freezing or blocking of accounts,
3
and the bases for the dollar amounts in those
4
spreadsheets; is that correct?
5
A That's correct. 09:27:54
6
Q And I believe there's been an agreement for
7
the -- specifically, you will be addressing
8
interrogatories 2 through 6, 14 through 15, 21
9
through 22, 27, 30, and 32 to 33; is that correct?
10
A That sounds correct. 09:28:24
11
Q You have also been designated as the
12
corporate representative on the Topic 31; is that
13
right?
14
A Yes, that's right.
15
Q And that's the categories of data maintained 09:28:39
16
by Bank of America related to unauthorized
17
transaction claims for EDD prepaid debit card
18
accounts, including notice of claim, the reasons for
19
denials, use of the claim fraud filter, freezing
20
accounts, unfreezing accounts, related 09:28:55
21
investigations, if any, and account balance
22
information; is that correct?
23
A That's correct.
24
Q And for Topic 32, you are also the designated
25
witness; is that correct? 09:29:13
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A That's correct.
2
Q And that is the content of and basis for Bank
3
of America's Second Supplemental Response to
4
Plaintiff Yick's First Set of Interrogatories in
5
Exhibits 1 through 5, and Bank of America's Revised 09:29:29
6
Second Supplemental Response to Plaintiff Yick's
7
First Set of Interrogatories and revised Exhibits 1
8
through 5.
9
Is that your understanding?
10
A It is. 09:29:43
11
Q And you're also the designee to testify
12
regarding Topic 33; is that correct?
13
A Yes.
14
Q And Topic 33 is Bank of America's compliance
15
or noncompliance with each paragraph of the 09:29:57
16
preliminary injunction entered in this case; is that
17
correct?
18
A That's correct.
19
MR. RIFFEE: To be clear for the record.
20
BY MR. DANITZ: 09:30:06
21
Q And, for the record, that's been
22
limited -- your testimony is limited to the
23
following paragraphs in the preliminary injunction:
24
1 through 7, 8C, 9B, and 11; is that correct?
25
A That's correct. 09:30:29
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Q How did you prepare for today's deposition,
2
Ms. Lennon?
3
A I met with counsel and reviewed documentation
4
related to those topics.
5
Q And about how long did you meet with counsel? 09:30:37
6
A About ten hours or so.
7
Q Okay.
8
Over how many days?
9
A Over maybe about a month, a month's time.
10
Q So you met for about ten hours over a month's 09:30:50
11
time to prepare for this deposition; is that right?
12
A Yes.
13
Q And how many documents did you review to
14
prepare for the deposition?
15
A About seven or so documents, to my 09:31:01
16
recollection.
17
Q Seven.
18
And you feel fully prepared to respond to all
19
those topics today?
20
A I do. 09:31:18
21
Q How long have you been with the bank?
22
A 14 years.
23
Q And as of June 2021, what was your job
24
description?
25
A June 2021. 09:31:32
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1
In June of 2021, I was senior vice president.
2
My job title was focused around client care related
3
to support of operations within Bank of America.
4
But I was also supporting the unemployment
5
work. I just didn't have that job title at the 09:32:04
6
time.
7
Q Okay.
8
And what were you doing to support the
9
unemployment work?
10
A I was helping to implement the communications 09:32:14
11
that were required under the preliminary injunction
12
order and related activity.
13
So supporting identification of accounts that
14
would require those communications and so forth.
15
Q Great. 09:32:35
16
And who were your direct reports at that
17
time?
18
A At that time, my direct reports were Douglas
19
Brown, Nicki Ruschell, Lisa Henzler, George Lee.
20
There may have been others doing other things, but 09:33:08
21
primarily those were the folks that were focused on
22
unemployment-related activity.
23
Q Who did you report to?
24
A I reported to Natalie Kieffer (phonetic) at
25
the time. 09:33:18
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1
Q And what was her role?
2
A Her role was focused on the -- my kind of day
3
job, client-care-related activity, which supported
4
just Bank of America's operations unit as a whole.
5
So -- but she didn't manage anything related to 09:33:34
6
unemployment.
7
So it was like I was on the loan, basically,
8
to the unemployment team.
9
Q So for the unemployment side, I might refer
10
to UI, just because it's unemployment insurance. 09:33:49
11
Is that a good shorthand?
12
A Sounds fine.
13
Q Okay.
14
And for the prepaid EDD accounts or cards, I
15
may refer to the EDD cards or EDD cardholders. 09:34:02
16
Is that a fair shorthand?
17
A Sure.
18
Q Okay.
19
Just so we all know what we are talking
20
about. 09:34:11
21
Have you ever been deposed before?
22
A No.
23
Q But I'm sure you have a sense of how this
24
goes. It's question, answer.
25
A Yes. 09:34:23
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02:03:37
6
Q I'm going to pull up -- I'm going to ask you
7
some questions about Exhibit 135-1, which was the
8
original Exhibit 1 to the bank's interrogatory
9
responses, and then also Exhibit 136-1, which is the
10
bank's revised Exhibit 1 in response to 02:03:53
11
interrogatories 2 and 6.
12
So let me go ahead and call up Exhibit 135-1.
13
Do you see that on your screen?
14
A Yes.
15
Q And I'm also going to call up 136-1, which is 02:04:11
16
the revised Exhibit 1. And I'll just kind of put
17
them side by side.
18
Do you see both of the documents in front of
19
you on the screen?
20
A I do. 02:04:46
21
Q So the claim entry date that's in Column C of
22
Exhibit 135-1 and Column C of Exhibit 136-C -- I'm
23
sorry, 136-1, that claim entry date is the date that
24
the caller calls and reports the claim, correct?
25
A Yes. 02:05:09
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13
Q So on Exhibit 135-1, Column E, "Claim
14
Amount," and on Exhibit 136-1, Column D, "Claim
15
Amount," that refers to the amount of the claim that 02:07:09
16
was denied based on the claim fraud filter; is that
17
correct?
18
MR. RIFFEE: Objection; form.
19
THE DEPONENT: That is the amount of the
20
claim, the dollars associated with the transactions 02:07:22
21
that the customer was claiming as a part of the
22
claim that they filed.
23
BY MS. CHAN:
24
Q But -- and these interrogatory exhibits are
25
identifying the cardholders who submitted claims 02:07:40
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24
Q And attached to this e-mail was a document
25
that has been marked Exhibit 140-6. 02:35:58
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1
(Exhibit 140-6 was marked for
2
identification and is attached
3
hereto.)
4
BY MS. CHAN:
5
Q Those are the supplemental Exhibit 6 response 02:36:02
6
to Interrogatory 21.
7
And a document marked Exhibit 140-7. That is
8
the data dictionary provided for Exhibit 8.
9
(Exhibit 140-7 was marked for
10
identification and is attached 02:36:14
11
hereto.)
12
BY MS. CHAN:
13
Q Do you have all of those documents?
14
A I do.
15
Q Great. 02:36:18
16
So other than adding features of Indicator 3
17
on supplemental Exhibit 6, is supplemental Exhibit 6
18
identical to the original Exhibit 6?
19
A I believe that would be the case, if memory
20
serves. 02:36:48
21
Q And the contents of these documents are true
22
and correct?
23
A Yes.
24
Q You reviewed them at the time they were
25
prepared? 02:36:55
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1
A Yes.
2
Q And you determined that the contents were
3
true and correct?
4
A Yes. Based on my knowledge, yes.
5
Q And who did you speak with in order to verify 02:37:02
6
that the contents were true and correct?
7
A For this document, that would be Kenneth
8
Coyle and Christian Jalbert.
9
Q And did you do anything else to verify that
10
the contents were true and correct? 02:37:21
11
MR. RIFFEE: Objection; form.
12
THE DEPONENT: That would be all.
13
BY MS. CHAN:
14
Q I'm going to pull up the electronic version
15
of Exhibit 140-6. 02:37:46
16
And Exhibit 140-6 has four separate tabs,
17
correct?
18
A Yes.
19
Q And I'm going to have you also open up
20
Exhibit 139, which is the bank's responses to 02:38:21
21
Plaintiff's third set of interrogatories so we can
22
pull up the bank's written response that accompanies
23
Exhibit 6.
24
So I'm looking at page 9 of Exhibit 139. And
25
I'm looking at the supplemental Exhibit 6 which has 02:38:50
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1
been marked Exhibit 140-6.
2
So looking at Exhibit 140-6, the Excel
3
spreadsheet, Part 1 contains a list of all of the
4
card alias IDs of EDD debit cardholders who
5
submitted a claim that were denied based on 02:39:07
6
Indicator 1 of the claim fraud filter, correct?
7
A Whose claims triggered the fraud filter --
8
Indicator 1 of the fraud filter.
9
Q And, I'm sorry, that's Column B, right?
10
Everybody who has a 1 under Column B, Indicator 1, 02:39:21
11
submitted a claim that triggered Indicator 1 of the
12
claim fraud filter, correct?
13
A That's right.
14
Q And everybody who has a 1 under Column C
15
submitted a claim that triggered Indicator 2 of the 02:39:38
16
claim fraud filter, correct?
17
A That's right.
18
Q And everybody who has a 1 under Column D,
19
Indicator 3, submitted a claim that triggered
20
Indicator 3 of the claim fraud filter, correct? 02:39:49
21
A That's right.
22
Q And all of these individuals submitted claims
23
that were denied, correct?
24
MR. RIFFEE: Objection; form.
25
THE DEPONENT: All -- excuse me. All of 02:40:17
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1
these individuals had a claim that triggered the
2
fraud filter.
3
BY MS. CHAN:
4
Q And those claims were denied, correct?
5
MR. RIFFEE: Objection; form. 02:40:27
6
THE DEPONENT: Those claims would have been
7
denied. I believe that's correct.
8
BY MS. CHAN:
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3
MS. CHAN: Okay.
4
Counsel for the bank pointed out to me during
5
the break that I forgot to mark one of the documents 03:28:09
6
that I handed to the witness earlier. It should be
7
marked Document 141-13 is the verification to the
8
bank's responses to Plaintiff's fifth set of
9
interrogatories.
10
(Exhibit 141-13 was marked for 03:28:23
11
identification and is attached
12
hereto.)
13
BY MS. CHAN:
14
Q I believe you had a copy of that, right? I
15
just didn't mark it in the record. 03:28:28
16
A Yes.
17
Q Okay.
18
I'm going to ask you some questions about
19
Exhibit 136-2, which is the bank's revised Exhibit 2
20
in response to Interrogatory 3. 03:29:03
21
And do you see Exhibit 136-2 called up on the
22
screen in front of you?
23
A Yes.
24
Q Great.
25
And this document contains a list of the card 03:29:48
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1
alias IDs for all EDD debit cardholders who BANA's
2
records indicate the claim received a permanent
3
credit from BANA in connection with their claim that
4
was subsequently rescinded based on application of
5
the claim fraud filter, correct? 03:30:09
6
MR. RIFFEE: Objection; form.
7
THE DEPONENT: That's right.
8
BY MS. CHAN:
9
Q If you could look at column -- I'm sorry.
10
Column C, the claim entry date, that refers to the 03:30:22
11
date that the claim was originally filed, correct?
12
A That's right.
13
Q And Column D contains the amount of that
14
claim, correct?
15
A Yes. 03:30:36
16
Q And Column E, the credit date, that refers to
17
the date that the permanent credit was issued for
18
that claim, correct?
19
MR. RIFFEE: Objection; form.
20
THE DEPONENT: That's correct. 03:30:47
21
BY MS. CHAN:
22
Q And Column F, the fraud filter date, refers
23
to the date that the fraud filter was applied and
24
triggered, correct?
25
A Correct. 03:31:05
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1
Q And as a result of the fraud filter being
2
triggered, the claim was denied and credit
3
rescinded, correct?
4
A That is correct.
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1
BY MS. CHAN:
2
Q The amount of the credit rescinded based on
3
application of the claim fraud filter is the same as
4
the amount of the claim shown in Column D, correct?
5
A It would very likely be the same amount, but 03:32:31
6
we don't have that data here for certain. But if
7
the claim was -- you paid either fully or partially
8
and then subsequently rescinded, this is telling us
9
that that occurred. But I'm not certain if the
10
exact amount that was rescinded would match with the 03:32:54
11
claim amount. That would depend on what amount was
12
credited as the permanent credit.
21
BY MS. CHAN:
22
Q Okay.
23
And Column G, the paid date, that's the date
24
that the rescinded credit was restored to the -- to
25
the cardholder's account, correct? 03:34:02
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1
A That's correct.
2
Q And the restored amount was the amount of the
3
claims shown in Column D, correct?
4
A It would have been whatever -- it would have
5
been what was rescinded, which if it was the same 03:34:16
6
amount as the claim, then it would match Column D.
7
Q And it's your -- strike that.
8
So the difference between Column F, the fraud
9
filter date, and Column G, the paid date, is the
10
length of time that the cardholder was without 03:34:39
11
access to the amount of the claim shown in Column D,
12
correct?
13
MR. RIFFEE: Objection; form.
14
THE DEPONENT: Not necessarily. The Column F
15
is telling us when this claim triggered the fraud 03:34:48
16
filter. There isn't a column here that is
17
identifying when the funds were rescinded. It would
18
be after -- on or after that date, but that date
19
specifically is not listed.
20
BY MS. CHAN: 03:35:03
21
Q But the bank has that information, correct?
22
MR. RIFFEE: Objection; form.
23
THE DEPONENT: I would expect that we would
24
be able to gather that information.
25
/// 03:35:15
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1
BY MS. CHAN:
2
Q Okay.
3
I'm going to pull up previously marked
4
Exhibit 140-6.
5
This is the bank's supplemental Exhibit 6 in 03:35:42
6
response to Interrogatory 21. And I'm going to be
7
looking at Part 2 now, Tab 2.
8
Do you see it in front of you on the screen,
9
Exhibit 140-6?
10
A I do. 03:36:14
11
Q So Tab 2 contains a list of the card alias
12
IDs for EDD debit cardholders who received permanent
13
credit that the bank subsequently rescinded based on
14
the claim fraud filter, correct?
15
MR. RIFFEE: Objection; form. 03:36:27
16
THE DEPONENT: I'm opening the interrogatory.
17
Yes.
18
BY MS. CHAN:
19
Q And every cardholder in supplemental
20
Exhibit 6, Exhibit 140-6, Part 2, Column B, received 03:36:50
21
permanent credit that the bank subsequently
22
rescinded because the claim triggered Indicator 1 of
23
the claim fraud filter, correct?
24
MR. RIFFEE: Objection; form.
25
THE DEPONENT: Correct. 03:37:05
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1
I, the undersigned, a Certified Shorthand
2
Reporter of the State of California, Registered
3
Professional Reporter, Certified Live Note Reporter,
4
do hereby certify:
5
That the foregoing proceedings were taken
6
before me at the time and place herein set forth;
7
that any witnesses in the foregoing proceedings,
8
prior to testifying, were duly sworn; that a record
9
of the proceedings was made by me using machine
10
shorthand which was thereafter transcribed under my
11
direction; that the foregoing transcript is a true
12
record of the testimony given.
13
Further, that if the foregoing pertains to
14
the original transcript of a deposition in a Federal
15
Case, before completion of the proceedings, review
16
of the transcript [ ] was [X] was not requested.
17
I further certify I am neither financially
18
interested in the action nor a relative or employee
19
of any attorney or party to this action.
20
IN WITNESS WHEREOF, I have this date
21
subscribed my name.
22
Dated: March 1, 2024
23
24
<%7131,Signature%>
MELISSA M. VILLAGRAN
25
CSR No. 12543 RPR
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1
In re Bank of America California Unemployment Benefits Litigation
Case No. 3:21-MD-02992-LAB-MSB
Errata for Deposition of Jennifer Lennon, February 23, 2024
Page
Line(s)
Change
Reason
19
5
Change “Senior vice president, product and state liaison”
to “Senior Vice President, Product and State Liaison”
Transcription error
24
24
Change “Natalie Keiffer” to “Natalie Keefer”
Transcription error
25
7
Change “I was on the loan” to “I was on loan”
Transcription error
29
25
Change from “So when our vendors share” to “So our
vendors share”
Clarification
31
1
Change “W” to “the W”
Transcription error
36
17
Change “that is” to “that it”
Transcription error
41
7
Change “global information security group” to “Global
Information Security Group”
Transcription error
45
12
Change “latter” to “later”
Transcription error
50
20
Change “numbers” to number”
Transcription error
51
22-23
Change “2021. So do the math. But I haven’t done that
math” to “2021. I haven’t done that math”
Transcription error
52
19
Change “defendant” to “defendants”
Transcription error
55
1
Change “Erin” to “Erin McCullen”
Clarification
70
18
Change “verify free statuses” to “verify statuses”
Transcription error
70
20
Change “claims that meet” to “claim that meets”
Transcription error
72
6
Change “no” to “yes”
Clarification
77
17
Change “operators” to “operations”
Transcription error
81
13
Change “a” to “with”
Transcription error
87
19
Change “without them requiring” to “without requiring
them”
Transcription error
90
4
Change “dialog” to “dialogue”
Transcription error
97
23
Change “EDD” to “EDD cardholders”
Clarification
Case 3:21-md-02992-GPC-MSB Document 396-1 Filed 12/06/24 PageID.24097
Page 41 of 44
2
Page
Line(s)
Change
Reason
101
14
Change “is - - varies” to “varies”
Transcription error
101
25
Change “Global financial crimes” to “Global Financial
Crimes”
Transcription error
114
13
Remove “, or if the account - -”
Transcription error
127
15-16
Change “, request review” to “and requested review”
Transcription error
128
23-24
Change “or remediation” to “remediation”
Transcription error
147
10
Change “AR” to “error”
Transcription error
155
16
Change “claim fraud filter, and it” to “Claim Fraud Filter
and that it”
Transcription error
155
18-19
Change “investigated previously closed claim” to
investigated (Previously Closed Claim)”
Transcription error
159
2
Change “claims initiation call center” to “Claims Initiation
Call Center”
Transcription error
172
3
Change “and scale” to “and the scale”
Transcription error
187
23
Change “be deny claim” to “be to deny the claim”
Transcription error
189
3
Change “they” to “there”
Transcription error
192
6
Change “fraud strategies” to “Fraud Strategies”
Transcription error
192
8
Change “call center” to “Call Center”
Transcription error
200
1-2
Change “global financial crimes” to “Global Financial
Crimes”
Transcription error
213
6
Change “it triggered indicators of the filter” to “triggered
indicators of the filter”
Transcription error
213
18
Change “Those just” to “That’s just”
Transcription error
225
7-8
Change “- - excuse me. That triggered the fraud filter” to
“- - excuse me - - that triggered the fraud filter”
Transcription error
233
12
Change “investigatory notes. That are” to “investigatory
notes that are”
Transcription error
243
22
Add “BY MS. CHAN”
Clarification
247
25
Change “it’s” to “is”
Transcription error
254
16
Change “representing population” to “representing a
population”
Transcription error
Case 3:21-md-02992-GPC-MSB Document 396-1 Filed 12/06/24 PageID.24098
Page 42 of 44
3
Page
Line(s)
Change
Reason
259
22
Change “global financial crimes” to “Global Financial
Crimes”
Transcription error
264
16
Change “wasn’t” to “was”
Transcription error
265
1
Change “that is is” to “that was is”
Transcription error
265
7
Change “global financial crimes” to “Global Financial
Crimes”
Transcription error
268
11
Change “IVR off” to “IVR Auth”
Transcription error
271
10
Change “how” to “yes”
Clarification
272
5
Change “already, then when” to “already, when”
Transcription error
272
9
Change “unblock” to “unblocked”
Transcription error
285
1
Change “here in” to “here and in”
Transcription error
299
6-7
Change “More significantly, by the end of the year, there”
to “Most significantly, by the end of the year, but there”
Clarification
304
25
Change “that” to “then”
Transcription error
305
12-13
Change “with disqualification” to “with a disqualification” Transcription error
306
18
Change “have paid her a” to “have paid direct”
Transcription error
310
13, 21-
22
Change “global financial crimes” to “Global Financial
Crimes”
Transcription error
313
22
Change “individualized review process” to
“Individualized Review Process”
Transcription error
314
3
Change “prepaid” to “Prepaid”
Transcription error
319
7
Change “claims” to “Claims”
Transcription error
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