Exhibit PX299 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 634-300, 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. 634-300 · 2026-01-09 · Docket on CourtListener

Full text

PX 299 
 
 
Case 3:21-md-02992-GPC-MSB     Document 634-300     Filed 01/09/26     PageID.54112 
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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 LINDSAY 
MCCLURE IN SUPPORT OF 
PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION
This Document Relates to All Actions
Judge:
Hon. Gonzalo P. Curiel
Declaration of Lindsay McClure in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB     Document 634-300     Filed 01/09/26     PageID.54113 
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I, LINDSAY MCCLURE, declare as follows:
1.
I am one of the named Plaintiffs in this case.  I submit this declaration in 
support of Plaintiffs’ Motion for Class Certification. I have personal knowledge of the 
facts in this declaration, to which I could and would testify if called upon to do so.
2.
In April 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.
On November 30, 2020, I received a text notification of a balance inquiry 
and cash withdrawal of $1,003 from my EDD debit card account at an ATM in Los 
Angeles, CA. At the time of the unauthorized ATM withdrawal, I was approximately 
127 miles away from Los Angeles in El Cajon, CA, and had recently used my EDD 
debit card to purchase food.
5.
Immediately after receiving the text notification, I called Bank of America 
(the “Bank”) to report the unauthorized transaction and to attempt to get reimbursed for 
the money that had been taken out of my account. When I finally reached the claims 
department, I spoke with a Bank representative and reported that the cash withdrawal of 
$1,003 was not made by me and that I wanted to submit a fraud claim. The Bank 
representative responded that I needed to call back the following morning to the claims 
department at 5:00 am. 
6.
The following morning on December 1, 2020, I called the Bank back 
around 5:00 am to initiate a claim. We informed the Bank representative that the $1,003 
withdrawal was not made or authorized by me, that it was made more than 100 miles 
from where I lived and where I typically used my Bank of America EDD debit card, 
and that we didn’t even know it was possible to withdraw more than a few hundred 
Declaration of Lindsay McClure in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
1
Case 3:21-md-02992-GPC-MSB     Document 634-300     Filed 01/09/26     PageID.54114 
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dollars at a time. The Bank representative confirmed I had successfully filed a claim 
and said that it would take 30 to 45 business days to complete a thorough investigation. 
7.
I subsequently received a letter from the Bank dated December 2, 2020, 
just one business day after I submitted my unauthorized transaction claim, stating that 
the Bank had closed my claim and would not be reimbursing me for the $1,003 taken 
from my account. The letter did not provide an explanation for the denial, stating only: 
“Your claim has been closed because we believe the account or the claim have been the 
subject of fraud or suspicious activity.” 
8.
On December 20, 2020, I discovered that I could no longer access the 
unemployment insurance benefits in my EDD debit card account after my EDD debit 
card declined at a drive-through.  At the time my unemployment insurance benefits 
were in the amount of about $660 biweekly. The Bank did not provide me with any 
notice before freezing my account that my account would be frozen. 
9.
Immediately after I discovered I could no longer access my benefits in my 
EDD debit card account, I again called the Bank’s customer service department, and a 
customer service representative said that my account had been frozen. The Bank’s 
representative also told me that, because of the freeze, the Bank could not do anything 
further and I would have to contact EDD to unfreeze my account. Weeks later, I 
received a letter from the Bank dated February 1, 2021, stating that a “freeze (or hold) 
has been placed in your account.” The letter further stated that I would be unable to use 
my EDD debit card or access the money in my EDD debit card account while the freeze 
was in place.
10.
After I filed a class action lawsuit against the Bank on January 26, 2021, I 
received a letter from the Bank dated January 27, 2021, 57 days after I submitted my 
unauthorized transaction claim, stating that the Bank finally credited my EDD debit 
card account the $1,003 that had been stolen from me the previous November. My 
account was still frozen at this time, so I remained unable to access those reimbursed 
funds.
Declaration of Lindsay McClure in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
2
Case 3:21-md-02992-GPC-MSB     Document 634-300     Filed 01/09/26     PageID.54115 
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11.
My EDD debit card account remained frozen for 55 days, from December 
17, 2020, to February 10, 2021. At the time of the freeze, my account balance was 
$229.31. During that period, I could not access any of the EDD benefits that were in my 
account as of the time of the freeze, and 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 including my $1,003 claim credit received on 
January 27, 2021. 
12.
In this case, I seek to be appointed as a class representative. 
13.
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 was deposed by the Bank’s attorneys in March 2024. 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, 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.
14.
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 
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. 
//
//
//
Declaration of Lindsay McClure in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
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Case 3:21-md-02992-GPC-MSB     Document 634-300     Filed 01/09/26     PageID.54116 
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I declare under penalty of perjury that the foregoing is true and correct. Executed on 
August ____, 2024, at _____________, California. 
___________________________ 
        LINDSAY MCCLURE
Declaration of Lindsay McClure in Support of Plaintiffs’ Motion for Class Certification; 
Case No. 3:21-md-02992-GPC-MSB
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San Diego
Case 3:21-md-02992-GPC-MSB     Document 634-300     Filed 01/09/26     PageID.54117 
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