Court filing
Exhibit PX258 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 634-259, S.D. Cal. No. 3:21-md-02992)
Filed January 9, 2026 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 | 2026-01-09 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 634-259 · 2026-01-09 · Docket on CourtListener
Full text
PX 258 Case 3:21-md-02992-GPC-MSB Document 634-259 Filed 01/09/26 PageID.54024 Page 1 of 4 KEMNITZER, BARRON & KRIEG, LLP ATTORNEYS AT LAW www.kbklegal.com ADAM J. MCNEILE OFFICE LOCATIONS: 42 MILLER AVENUE SAN FRANCISCO MILL VALLEY, CA 94941 SACRAMENTO MAIN: (415) 632-1900 MILL VALLEY FAX: (415) 632-1901 LOS ANGELES EMAIL: adam@kbklegal.com January 26, 2021 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Bank of America, N.A. Bank of America Corporate Center 100 North Tryon Street Charlotte, NC 28255 Re: Oosthuizen, Roland – Card Ending Mathews, Rosemary – Card Ending Notice Pursuant to Cal. Civ. Code § 1798.150(b) To Whom It May Concern: We represent Roland Oosthuizen (“Oosthuizen”) and Rosemary Mathews (“Mathews” and collectively “Plaintiffs”), on their own behalf and on behalf of all others similarly situated, in an action concerning California unemployment insurance (“UI”) and other public benefits that are or were paid through bank debit cards issued by Bank of America, N.A. (“Bank of America,” or the “Bank”). This letter is being sent in accordance with Cal. Civ. Code § 1798.150(b). Summary of Allegations Mathews resides in Lawndale, California. She lost her employment with the Staples Center catering department and with a yoga studio in March 2020 due to the COVID-19 pandemic. She applied for, was eligible for, and received EDD unemployment benefits after losing her jobs, and soon thereafter received a Bank of America EDD Visa debit card with a magnetic stripe but no EMV chip to access her benefits. In or about October 2020, Mathews was the victim of an unauthorized transaction on her card in the amount of $1,000, despite her having maintained exclusive physical possession of that card. On information and belief, Mathews alleges that her account was fraudulently accessed by a third party as a result of Bank of America’s inadequate fraud prevention policies. Despite the Bank’s “Zero Liability” policy and Mathews’ repeated requests for assistance and documentation of the fraudulent withdrawal of funds from her account, Bank of America has been either unwilling or unable to restore the missing funds to her account. Oosthuizen resides in Lawndale, California. He was furloughed from his job working for ABM at Los Angeles International Airport in or around April 2020 due to the COVID-19 pandemic. He applied for, was eligible for, and received EDD unemployment benefits after being furloughed and soon thereafter received a Bank of America EDD Visa debit card with a magnetic stripe but no EMV chip to access his benefits. In or about September 2020, Oosthuizen was the victim of five separate unauthorized transactions on his card on five successive days in Case 3:21-md-02992-GPC-MSB Document 634-259 Filed 01/09/26 PageID.54025 Page 2 of 4 the amount of $1,000 each, despite his having maintained exclusive physical possession of that card. On information and belief, Oosthuizen alleges that his account was fraudulently accessed by a third party as a result of Bank of America’s inadequate fraud prevention policies. Despite the Bank’s “Zero Liability” policy and Oosthuizen’s repeated requests for assistance and documentation of the fraudulent withdrawal of funds from his account, Bank of America has been either unwilling or unable to restore the missing funds to his account. On information and belief, Bank of America has failed to maintain, store, share, or transfer these plaintiffs’ and all similarly situated EDD benefits recipients’ account data and other financial data and account information in a reasonably secure manner and consistent with the Bank’s obligations to EDD and to Plaintiffs and others similarly situated. As a result of this failure, on information and belief, those benefits recipients’ data and account information has been obtained, copied, and stolen by unauthorized third parties in a series of security breaches that have allowed millions of dollars to be stolen from the EDD and benefits recipients through a series of unauthorized transactions. Plaintiffs and other similarly situated persons’ personal information has been subjected to unauthorized access and exfiltration, theft, or disclosure as a result of the Bank’s business’ breach of its duty to take reasonable steps to protect that information. Notice of Violations of The California Consumer Privacy Act The Bank’s failures constitute violations of Cal. Civ. Code § 1798.150 as to Plaintiffs and all similarly situated persons. On information and belief, the Bank continues to violate Cal. Civ. Code § 1798.150 as to Plaintiffs and all similarly situated persons. Please contact me in writing after the Bank has cured these violations with an express written statement setting forth that the above violations have been cured and that no further violations shall occur. Sincerely, Adam McNeile Case 3:21-md-02992-GPC-MSB Document 634-259 Filed 01/09/26 PageID.54026 Page 3 of 4 Case 3:21-md-02992-GPC-MSB Document 634-259 Filed 01/09/26 PageID.54027 Page 4 of 4
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