Order Directing Briefing on Joint Statement re: Class Notice. Joint brief due 8/8/25 — In re BofA Unemployment Litigation (Dkt. 523)

Summary

An order directing briefing on the joint statement regarding class notice in In re Bank of America California Unemployment Benefits Litigation, Case No.: 21MD2992-GPC(MSB), dated July 24, 2025 and filed 07/24/25 as Document 523. The court notes the parties dispute class plaintiffs' request that certain class members' personally identifiable or confidential unemployment information go to class counsel as well as the notice administrator. Bank of America argues federal and California privacy laws and its agreement with EDD bar sharing that information with class counsel at least until class members can opt out or object. The court directs the parties to meet and confer and, if no agreement is reached, to file a joint brief on or before August 8, 2025.

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21MD2992-GPC(MSB) 
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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION, 
 
 Case No.:  21MD2992-GPC(MSB) 
 
ORDER DIRECTING BRIEFING ON 
JOINT STATEMENT RE: CLASS 
NOTICE 
 
 
On July 16, 2025, the parties filed a joint statement re: class notice.  (Dkt. No. 
518.)  The parties dispute Class “Plaintiffs’ request that certain class members’ 
personally identifiable or confidential unemployment information be provided not only to 
the Notice Administrator, but also to Class Counsel.”  (Id. at 9.1)  However, according to 
Bank of America, the parties have not yet met and conferred to address the issue.  (Id.)  
Bank of America argues that due to federal and California privacy laws and its agreement 
with EDD and EDD cardholders, it is precluded from sharing confidential information 
with Class Counsel “at least until class members are given the opportunity to opt-out of 
the class and/or object to the disclosure of their contact information.”  (Id.)  Class 
Plaintiffs have not presented their position on this issue.  Accordingly, the Court 
 
1 Page numbers are based on the CM/ECF pagination.   
Case 3:21-md-02992-GPC-MSB     Document 523     Filed 07/24/25     PageID.29834     Page
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DIRECTS the parties to meet and confer on this issue, and if no agreement is reached, the 
parties shall file a joint brief addressing their respective positions with supporting case 
law on or before August 8, 2025.   
 
IT IS SO ORDERED. 
Dated:  July 24, 2025 
 
 
Case 3:21-md-02992-GPC-MSB     Document 523     Filed 07/24/25     PageID.29835     Page
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