Court filing
Exhibit PX294 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 634-295, 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. 634-295 · 2026-01-09 · Docket on CourtListener
Full text
PX 294
Case 3:21-md-02992-GPC-MSB Document 634-295 Filed 01/09/26 PageID.54087
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Declaration of Alex Yuan in Support of Plaintiffs’ Motion for Class Certification;
Case No. 3:21-md-02992-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. 3:21-md-02992-GPC-MSB
DECLARATION OF ALEX YUAN IN
SUPPORT OF PLAINTIFFS’ MOTION
FOR CLASS CERTIFICATION
This Document Relates to All Actions
Judge:
Hon. Gonzalo P. Curiel
Case 3:21-md-02992-GPC-MSB Document 634-295 Filed 01/09/26 PageID.54088
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Declaration of Alex Yuan in Support of Plaintiffs’ Motion for Class Certification;
Case No. 3:21-md-02992-GPC-MSB
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I, ALEX YUAN, declare as follows:
1.
I am one of the named Plaintiffs in this case. I am submitting this
declaration in support of Plaintiffs’ Motion for Class Certification. I have personal
knowledge of the facts in this declaration, and if called upon to do so, I could and would
testify to these facts.
2.
In May 2020, I began receiving EDD unemployment insurance benefits
that were paid through a Bank of America EDD debit card (“EDD debit card”) that was
directly linked to a Bank of America EDD debit card account (“EDD debit card
account”) in my name.
3.
My Bank of America EDD debit card had a magnetic stripe. There was no
EMV chip in the card.
4.
In September 2020, I discovered that two separate unauthorized ATM
withdrawals of $900 each, totaling $1,800, were made from my EDD debit card
account, one on August 24, 2020, in Los Angeles, CA, and another on September 7,
2020, in Pasadena, CA. At the time of the unauthorized ATM withdrawals, I was more
than 300 miles away from Los Angeles and Pasadena in San Jose, CA.
5.
On September 10, 2020, I called Bank of America’s (the “Bank”) customer
service number to report these unauthorized ATM withdrawals and to ask the Bank to
credit my EDD debit card account for the $1,800 that was stolen from me.
6.
I spent more than an hour on hold before I was able to get through to
anyone in the Bank’s claims department. When I finally spoke with a Bank
representative, I identified the two unauthorized ATM withdrawals totaling $1,800,
informed the Bank representative that I had never used an ATM anywhere near the one
used for the withdrawals, and confirmed that I had my card in my possession at all
relevant times and had not authorized anyone else to make the withdrawals. The Bank
representative confirmed that my claim had been filed and would be investigated.
7.
On or about September 13, 2020, the Bank provisionally credited my
account $1,800.
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Declaration of Alex Yuan in Support of Plaintiffs’ Motion for Class Certification;
Case No. 3:21-md-02992-GPC-MSB
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8.
On September 28, 2020, the Bank froze my account and the freeze
remained in effect until October 4, 2020.
9.
The Bank subsequently mailed me a letter dated October 3, 2020,
informing me that it had closed my claim and would be rescinding the $1,800 credit.
The letter provided no explanation of the Bank’s findings or decision, stating only:
“Your claim has been closed because we believe the account or the claim have been the
subject of fraud or suspicious activity” and that the credit applied to my account “has
been or will be debited from [my] account.”
10.
Beginning on October 4, 2020, I called the Bank on multiple occasions
seeking to have my $1,800 unauthorized transaction claim reconsidered. I experienced
long wait times, dropped calls, and elusive responses concerning why the credit had
been rescinded from my account, why my claim was denied, and when and how the
matter would be resolved.
11.
After I made multiple calls to the Bank seeking reconsideration of my
claim, the Bank sent a letter dated November 9, 2020, stating that the Bank had
“completed an additional review” of my claim and, “[a]s a result of [the Bank’s]
research” had credited me with the $1,800 that had been stolen from me. I received this
credit approximately 60 days after I submitted my unauthorized transaction claim to the
Bank and 36 days after the Bank rescinded the $1,800 credit.
12.
Between September 10 and November 15, 2020, I called the Bank for
assistance on at least seven separate occasions, sometimes making multiple calls and
getting shuffled between multiple agents on the same day. I waited on hold for at least
an hour each time I called trying to resolve these issues. Despite these consistently long
wait times every time I called the Bank, the Bank did not offer me any option to receive
a call back when the next agent became available. Calling the Bank’s toll-free number
was the only option the Bank provided me for reaching a customer service
representative as I was told that there were no options for reaching a customer service
representative other than using this toll free number.
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Declaration of Alex Yuan in Support of Plaintiffs’ Motion for Class Certification;
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13.
On or about October 26, 2020, I experienced yet another $900
unauthorized ATM withdrawal from my EDD debit card account. This unauthorized
withdrawal occurred in North Hills, CA bringing the total amount of unauthorized
withdrawals from my account to $2,700.
14.
On or about November 11, 2020, I called the Bank’s customer service to
inquire about my $1,800 unauthorized transaction claim and also whether I could
amend that claim to add a claim regarding the $900 unauthorized ATM withdrawal or
whether I had to make a new claim for the October 26, 2020, $900 unauthorized
transaction.
15.
While on the call, the Bank’s customer service representative informed me
that the Bank had very recently reimbursed the $1,800 claim. After addressing the
$1,800 reimbursement, I was given a new claim number for the October 26, 2020, $900
unauthorized transaction. The Bank’s customer service representative informed me that
once the investigation into my claim was complete, I would receive a letter in the mail
with my results.
16.
On November 18, 2020, I again called the Bank’s customer service to
follow up on my $900 unauthorized transaction claim and to ask the Bank to credit my
EDD debit card account for the $900 that was stolen from me.
17.
After waiting on hold, I finally spoke with a Bank representative and
identified the unauthorized ATM withdrawal totaling $900 and confirmed that I had the
card in my possession at all relevant times and did not authorize anyone to make the
withdrawals.
18.
A short time thereafter, I received a letter from the Bank dated November
19, 2020—just one business day after I followed up on my claim disputing the
unauthorized withdrawal—stating that the Bank had closed my claim and would not be
reimbursing me for the $900 taken from my account. The letter provided no explanation
of the Bank’s investigation or findings, stating only: “Your claim has been closed
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Declaration of Alex Yuan in Support of Plaintiffs’ Motion for Class Certification;
Case No. 3:21-md-02992-GPC-MSB
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because we believe the account or the claim have been the subject of fraud or suspicious
activity.”
19.
In December 2020, I received a letter from the Bank notifying me that it
had again frozen my account due to fraud. I have since learned, through documents
concerning my EDD debit card account that the Bank produced in this litigation, that
the Bank froze my account on December 17, 2020. The freeze remained in effect for 28
days until January 15, 2021. During that period, I could not receive or access any new
periodic EDD benefits payments that I would have received and would have been able
to use if the Bank had not frozen my account.
20.
After I made multiple calls to the Bank seeking reconsideration of my
October 26, 2020, $900 unauthorized transaction claim, I received a letter from the
Bank dated January 13, 2021, stating that the Bank had once again “completed an
additional review” of my claim and, based on that research, had credited me with the
$900 that had been stolen from me the previous October. I received this credit 56 days
after I submitted my unauthorized transaction claim to the Bank.
21.
In this case, I seek to be appointed as a class representative.
22.
Since becoming involved in this case, I have had many communications with
my attorneys regarding discovery, case updates, case filings, and other matters. I have also
searched for and produced documents and have responded to written discovery requests
and verified my responses. I intend to continue working with my attorneys. If appointed
by the Court as a class representative, I intend to continue to pursue this case by, among
other things, reviewing important case filings, participating in the discovery and trial
process, and staying informed and participating in discussions with my attorneys
regarding significant developments in the case. I am committed to working with my
attorneys to obtain the best possible result for the class consistent with good faith and
sound judgment.
23.
I understand that if I am appointed as a class representative, I will be
responsible for overseeing the prosecution of this case by my attorneys. My interests in
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Declaration of Alex Yuan in Support of Plaintiffs’ Motion for Class Certification;
Case No. 3:21-md-02992-GPC-MSB
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this matter are consistent with, and not antagonistic to, the interests of the members of
each of the classes that I seek to represent. I understand and will fulfill the duties of a class
representative, including the duties to prosecute this case on behalf of each class as a
whole, and to consider the interests of each class as a whole just as I consider my own
interests.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
August ____, 2024, at _____________, California.
___________________________
ALEX YUAN
Case 3:21-md-02992-GPC-MSB Document 634-295 Filed 01/09/26 PageID.54093
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