Court filing
Exhibit PX5 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 634-6, 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. 634-6 · 2026-01-09 · Docket on CourtListener
Full text
PX 5
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SAN DIEGO DIVISION
In re Bank of America California
Unemployment Benefits Litigation,
This Document Relates to All Actions
Case No. 3-21-md-02992-GPC-MSB
EXPERT REPORT OF
GREG J. REGAN, CPA/CFF, CFE
March 4, 2025
REDACTED PUBLIC VERSION
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TABLE OF CONTENTS
PAGE
I.
INTRODUCTION .............................................................................................................. 1
A.
Summary of Plaintiffs’ Allegations ........................................................................ 1
B.
Nature of My Assignment ....................................................................................... 3
C.
Summary of Opinions ............................................................................................. 5
1.
Claim Denial Class: .................................................................................... 6
2.
Credit Rescission Class: .............................................................................. 7
3.
Account Freeze Class:................................................................................. 8
4.
Customer Service Class: ............................................................................. 8
5.
EMV Chip Class, ........................................................................................ 9
D.
Qualifications ........................................................................................................ 10
II.
CLAIM DENIAL CLASS ................................................................................................ 12
A.
Identification of Claim Denial Class Members .................................................... 12
B.
Calculations of Claim Denial Class Damages ...................................................... 15
1.
Principal Amount of Actual Damages ...................................................... 15
2.
Consequential Damages ............................................................................ 16
3.
EFTA Treble Damages ............................................................................. 28
4.
EFTA Statutory Damages ......................................................................... 28
5.
Disgorgement of Profits ............................................................................ 28
III.
CREDIT RECISSION CLASS ......................................................................................... 30
A.
Identification of Credit Recission Class Members ............................................... 30
B.
Calculations of Credit Recission Class Damages ................................................. 31
1.
Principal Amount of Actual Damages ...................................................... 31
2.
Consequential Damages ............................................................................ 32
3.
EFTA Treble Damages ............................................................................. 33
4.
EFTA Statutory Damages ......................................................................... 33
5.
Disgorgement of Profits ............................................................................ 33
IV.
ACCOUNT FREEZE CLASS .......................................................................................... 34
A.
Identification of Account Freeze Class Members ................................................. 34
B.
Calculations of Account Freeze Class Damages .................................................. 36
1.
Principal Amount of Actual Damages ...................................................... 36
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2.
Consequential Damages ............................................................................ 37
3.
Disgorgement of Profits ............................................................................ 39
V.
CUSTOMER SERVICE CLASS ...................................................................................... 40
A.
Identification of Customer Service Class Members ............................................. 40
B.
Calculations of Customer Service Class Damages ............................................... 41
1.
Actual Damages ........................................................................................ 41
2.
Disgorgement of Profits ............................................................................ 42
VI.
EMV CHIP CLASS .......................................................................................................... 43
A.
Identification of EMV Chip Class Members ........................................................ 43
B.
Calculations of EMV Chip Class Damages .......................................................... 43
1.
Actual Damages ........................................................................................ 43
2.
CCPA Statutory Damages......................................................................... 44
3.
Disgorgement of Profits ............................................................................ 44
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I.
INTRODUCTION
A.
Summary of Plaintiffs’ Allegations
1.
Class Plaintiffs Kuang Ting Chong, Candace Koole, Lindsay McClure, Azuri
Moon, Stephanie Moore, Roland Oosthuizen, Vanessa Rivera, Michael Willrich, and Alex Yuan
(collectively, “Plaintiffs”) brought this proposed class action against Defendant Bank of
America, N.A. (“Bank of America” or “Bank”) on behalf of themselves and all other similarly
situated individuals whose California unemployment and other public benefits were paid through
debit cards issued by Bank of America.1
2.
The California Employment Development Department (“EDD”) administers
programs that provide unemployment insurance (“UI”) and state disability insurance (including
disability insurance and paid family leave) benefits (“EDD benefits”) to Californians.2 In 2010,
EDD contracted with Bank of America to provide Bank-administered prepaid debit cards (“EDD
debit cards”) through which individuals entitled to receive EDD benefits could access those
benefits (“EDD cardholders”).3
3.
Plaintiffs allege that, during the Covid-19 pandemic, Bank of America
implemented policies that deprived Plaintiffs of EDD benefits to which they were lawfully
entitled, including by implementing an automated Claim Fraud Filter (“CFF”)4 that it used to
1 Third Amended Master Consolidated Complaint (“TAMCC”) 1-2.
2 Id. ¶¶ 1, 38; see also Emp. Dev. Dep’t (EDD), State of California, About Our Branches,
https://edd.ca.gov/en/about_edd/about_edd/.
3 Id. ¶¶ 2, 39; see also Exhibit to the Plaintiffs’ Rule 30(b)(6) Deposition of the Bank (“Dep.
Ex.” Designee Robert Chestnut (“Chestnut”) 26 at 5.
4 I understand that, beginning on approximately September 28, 2020, Bank of America had a
practice of applying its Claim Fraud Filter to unauthorized-transaction claims submitted by EDD
cardholders, which Plaintiffs allege resulted in the improper denial of the class members’
unauthorized transaction claims and other harms. See, e.g., TAMCC ¶ 89. The Claim Fraud Filter
was applied by the Bank to accounts associated with state unemployment programs. See
Transcript of the Deposition of the Bank’s Rule 30(b)(6) Designee Jennifer Lennon, dated
February 23, 2024 (“Lennon Tr.”) at 75:22-76:7.
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summarily close or deny unauthorized transaction claims made by EDD cardholders,5 to rescind
permanent credits previously issued to EDD Cardholder accounts,6 and to freeze EDD
Cardholder accounts cutting off access to the EDD benefits.7 Plaintiffs further allege that the
Bank failed to maintain adequate levels of customer service needed to handle EDD cardholders’
unauthorized transaction claims,8 and that Bank of America failed to take reasonable measures to
secure their EDD Cardholder accounts by issuing EDD debit cards without industry-standard
EMV security chips.9
4.
Plaintiffs and class members belong to one or more of the following classes, each
of which is ascertainable from the Bank’s records, as explained herein:10
5 TAMCC ¶¶ 89-91.
6 Id. ¶ 92
7 Id. ¶¶ 93-96.
8 Id. ¶¶ 97-105.
9 Id. ¶ 69.
10 Excluded from each Class is any person whom the Bank has determined, pursuant to its
Remediation Plan with the United States Consumer Financial Protection Bureau (CFPB), “(i) has
been disqualified by the state from Program eligibility; (ii) has previously engaged in fraudulent
Program conduct, such as submission of fraudulent claims or other abuses of the claims process;
or (iii) has had their card frozen due to legal order processes, as a result of Internal/Vendor fraud
investigations, or by Global Financial Crimes Compliance.” Dep. Ex. of Bank’s Rule 30(b)(6)
Designee Jennifer Lennon (“Lennon”) 132 at -102557. The Remediation Plan defines “Program”
as “the Bank’s Unemployment Benefits Prepaid Card Program.” Id. at -102555. Also excluded
from each Class is any person whose Claim or Account the Bank closed, in whole or in part,
because the State of California requested that the Bank close that person’s Claim or Account.
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No.
Class
Class Definition
1
Claim Denial
All Bank of America EDD cardholders who notified the Bank that an
unauthorized transaction had occurred on their Bank of America EDD
debit card account (“Claim”) at an automated teller machine (“ATM”),
and whose Claim the Bank denied or closed at any time from
September 28, 2020 through June 8, 2021, based solely on Indicator 1
of the Bank’s CFF.
2
Credit
Rescission
All Bank of America EDD cardholders who received permanent credit from
the Bank in connection with their Claim, which credit the Bank
rescinded at any time from September 28, 2020 through June 8, 2021,
based solely on Indicator 1 of the Bank’s CFF.
3
Account
Freeze
All Bank of America EDD cardholders whose EDD debit card account
(“Account”) the Bank froze at any time from September 28, 2020
through March 18, 2021, based solely on Indicator 1 of the Bank’s
CFF, and whose Account the Bank (i) subsequently unfroze, or (ii)
subsequently converted from frozen to blocked status on or after March
18, 2021, and then unblocked.
4
Customer
Service
All members of the Claim Denial Class and/or the Credit Rescission
Class who telephoned the Bank’s customer service phone number for
Bank of America EDD cardholders at any time between September 13,
2020 and November 21, 2020, inclusive, and whose telephone call was
routed to the Bank’s Claims Call Center.
5
EMV Chip
All members of the Claim Denial Class and/or the Credit Rescission
Class whose EDD debit card did not include an EMV chip prior to June
9, 2021.11
B.
Nature of My Assignment
5.
My firm, Hemming Morse, LLC (“HM”), was retained by Plaintiffs’ counsel in In
re Bank of America California Unemployment Benefits Litigation, Case No. 3-21-md-02992-
GPC-MSB. I have been retained to evaluate appropriate methodologies to measure the impact on
each Class of the Bank’s policies and practices, as alleged by Plaintiffs, of: (1) denying EDD
cardholders’ unauthorized transaction claims without investigation or issuance of provisional
credit, based on the results of the Bank’s “Claim Fraud Filter”; (2) rescinding previously issued
permanent credits on EDD Cardholders’ unauthorized transaction claims, based on the Bank’s
11 I understand that the EMV Chip class definition may be modified to exclude EDD cardholders
who reported at the time of submitting their unauthorized-transaction claim that their card was
lost, stolen, or never received. In that event, I further understand that such individuals can be
identified from the Bank’s records and excluded from my damages calculations. Consequently,
their exclusion from the class definition would have no impact on my proposed methodologies
for calculating damages as described herein.
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retroactive application of its Claim Fraud Filter; (3) freezing the accounts of EDD cardholders
who submitted unauthorized transaction claims, based on the results of the Claim Fraud Filter;
(4) subjecting EDD cardholders seeking assistance with their unauthorized transaction claims
during certain time periods to excessively long wait times before their calls were answered; and
(5) issuing EDD cardholders debit cards that did not include an EMV chip prior to July 2021.
Specifically, I have been asked to provide a methodology to calculate classwide damages
available to each of the following five Classes , which I have summarized in the table below and
described in the related sub-sections of this report:12
Class
Claim
Damages Sought
Claim Denial
EFTA13 and Regulation E14
Actual damages + Statutory damages +
Treble Damages
Breach of Fiduciary Duty
Actual damages + Disgorgement +
Punitive damages
Breach of the Implied
Covenant of Good Faith
Actual damages + Disgorgement +
Punitive damages
Negligence
Actual damages + Disgorgement
UCL
Restitution
Credit
Rescission
EFTA and Regulation E
Actual damages + Statutory damages +
Treble damages
Due Process
Actual damages + Punitive damages
Breach of Fiduciary Duty
Actual damages + Disgorgement +
Punitive damages
Breach of the Implied
Covenant of Good Faith
Actual damages + Disgorgement +
Punitive damages
Negligence
Actual damages + Disgorgement
UCL
Restitution
Account Freeze
Due Process
Actual damages + Punitive damages
Breach of Fiduciary Duty
Actual damages + Disgorgement +
Punitive damages
Breach of the Implied
Covenant of Good Faith
Actual damages + Disgorgement +
Punitive damages
Negligence
Actual damages + Disgorgement
UCL
Restitution
12 I have not been asked to calculate punitive damages at this time.
13 Electronic Funds Transfer Act (“EFTA”), 15 U.S.C. §§ 1693(a)-(r).
14 12 C.F.R. pt 1005. I understand that the Bank represented to EDD that it would comply with
Regulation E requirements and timelines. See Chestnut Dep. Ex. 26 at 199.
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Class
Claim
Damages Sought
Customer
Service
Breach of the Implied
Covenant of Good Faith
Actual damages + Disgorgement + Punitive
damages
Negligence
Actual damages + Disgorgement
EMV Chip
CCPA
Actual damages + Statutory damages
Breach of Fiduciary Duty
Actual damages + Disgorgement + Punitive
damages
Negligence
Actual damages + Disgorgement
6.
My analysis of damages for each proposed claim, and ultimately each proposed
class, is performed on an independent, standalone basis. I took this approach to allow damages to
be readily calculated in the event a claim is removed, or damages are awarded for only one of the
proposed classes. For this reason, an impacted Cardholder may have more than one claim or may
belong to more than one class. This does not mean, however, that I propose the same damages
multiple times for Cardholders who have more than one claim or are members of more than one
proposed class. If an award is made, and depending on the nature of the award, it may be
appropriate to disaggregate the damage amounts. This disaggregation is easily undertaken using
the existing data in my analysis.
C.
Summary of Opinions
7.
I understand that each of Plaintiffs’ class definitions reference “Indicator 1” of the
Bank’s Claim Fraud Filter (“CFF”). The Bank applied Indicator 1 to all Claims submitted or
pending disposition at any time between September 28, 2020 and June 8, 2021 that involved an
unauthorized “PIN enabled transaction[] claiming a PIN compromise.”15 The Bank has explained
that Indicator 1 applied to Claims involving, in whole or in part, an unauthorized ATM
withdrawal (i.e., “ATM and ATM/combo claims”).16 Plaintiffs allege that the Bank denied
15 Bank of America’s Responses and Objections to Plaintiff Yick’s Fourth Set of Interrogatories
(“4th Rogs”), No. 28.
16 See Transcript of the Deposition of Bank’s Rule 30(b)(6) Designee Michael Letson, (“Letson
Tr.”) at 92:15-94:5 (confirming that Indicator 1 applied to all claims relating to an unauthorized
ATM withdrawal and any claim that involved a combination of an ATM withdrawal and a point-
of-sale (“POS”) transaction); Lennon Dep. Ex. 138 at -125186-87 (internal Bank email
describing Indicator 1 as triggered by “ATM/ATM combo” claims and applying to the standing
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Claims, rescinded permanent credits, and froze EDD cardholder accounts based solely on its
application of Indicator 1.17
8.
The paragraphs below summarize my present opinions for each class. Each of
these opinions is described in further detail in a related section below:18
1.
Claim Denial Class:
9.
Actual damages may be calculated on a classwide basis as follows. The principal
amount of damages equals the amount of the Plaintiffs’ and class members’ claims that the Bank
denied based solely on Indicator 1 of its CFF, which data is available in Bank records that have
been produced to Plaintiffs in this litigation. Consequential damages from loss of access to this
principal amount resulting from the Bank’s denial of claims based solely on CFF Indicator 1 may
be calculated by applying a compound interest rate to the principal amounts (i.e., the claim
amounts). This compound interest rate reflects the time value of money for the affected
population of cardholders or comparable measure of the economic loss to class members
resulting from their inability to access their UI benefits, based on the total length of time the
class members were denied access to those funds, which data is also available in Bank records
that have been produced to Plaintiffs in this litigation. A compound interest rate is a standard
way of calculating the financial impact resulting from denial of access to funds. This
methodology to calculate consequential damages is conservative because it excludes other
obvious financial harms experienced by EDD Cardholders attributable to the Bank’s denial of
their claims. For instance, due to the unexpected unavailability of their funds, EDD cardholders
would likely have incurred late or overdraft fees. My calculations are explained in further detail
in §§ II-IV below.
inventory of claims on September 28, 2020); Dep. Ex. of Designee William M. Martin
(“Martin”) 61 at -90640 (“PIN transactions translate to claim sub type (ATM, ATM/combo).”).
17 TAMCC ¶¶ 89-96.
18 For purposes of my analysis, I assume that Plaintiffs will establish liability based on their
allegations.
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10.
Treble damages under EFTA, 15 U.S.C. §1693f(e), can be calculated on a
classwide basis by simply multiplying each class member’s actual damages by three.
11.
Statutory damages under EFTA, 15 U.S.C. §1693m(a)(2)(B), can likewise be
calculated on a classwide basis in accordance with the statute, which provides for statutory
damages of up to $500,000 per violation in a class action. The aggregate award of statutory
damages can be allocated per capita (providing all class members an equal share) or pro rata
among class members in proportion to the value of their actual damages.
12.
Disgorgement can be calculated based on the Bank’s records. Plaintiffs and the
class seek disgorgement of profits that the Bank earned on the claim amounts that the Bank
withheld from Plaintiffs and the class based solely on CFF Indicator 1. The disgorged profits can
be allocated per capita or pro rata among class members in proportion to the value of their actual
damages.
2.
Credit Rescission Class:
13.
Actual damages can be calculated on a classwide basis as follows. The principal
amount of damages equals the amount of the claim credit that the Bank rescinded based solely on
Indicator 1 of its Claim Fraud Filter, which data is available in Bank records that have been
produced to Plaintiffs in this litigation. Consequential damages can be calculated using the
methodology described above with respect to the Claim Denial class.
14.
Treble damages under EFTA, 15 U.S.C. §1693f(e), can be calculated on a
classwide basis by simply multiplying each class member’s actual damages by three.
15.
Statutory damages under EFTA, 15 U.S.C. §1693m(a)(2)(B), can likewise be
calculated on a classwide basis in accordance with the statute, which provides for statutory
damages of up to $500,000 per violation in a class action. The aggregate award of statutory
damages can be allocated per capita or pro rata among class members in proportion to the value
of their actual damages.
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16.
Disgorgement can be calculated based on the Bank’s records. Plaintiffs and the
class seek disgorgement of profits that the Bank earned on the rescinded claim credit amounts
that the Bank withheld from Plaintiffs and the Class based solely on CFF Indicator 1. The
disgorged profits can be allocated per capita or pro rata among class members in proportion to
the value of their actual damages.
3.
Account Freeze Class:
17.
Actual damages can be calculated on a classwide basis as follows. The principal
amount of damages equals the amount of funds in Plaintiffs’ and class members’ accounts to
which they were denied access when the Bank froze their accounts based solely on Indicator 1 of
its Claim Fraud Filter, which data is available in Bank records that have been produced to
Plaintiffs in this litigation. Consequential damages can be calculated using the methodology
described above with respect to the Claim Denial class.
18.
Disgorgement can be calculated based on the Bank’s records. Plaintiffs and the
class seek disgorgement of profits that the Bank earned on the amounts frozen in their accounts
that the Bank withheld from Plaintiffs and the class based solely on CFF Indicator 1. The
disgorged profits can be allocated per capita or pro rata among class members in proportion to
the value of their actual damages.
4.
Customer Service Class:
19.
Actual damages can be calculated on a classwide basis as follows. An appropriate
measure of damages for this class is compensation for the value of Plaintiffs’ and class members’
lost time spent on hold with the Bank’s Claims call center waiting for their call to be answered
that was greater than the reasonable wait-on-hold time by industry standards. This calculation
can be readily accomplished for all class members. Plaintiffs’ call center expert has analyzed the
Bank’s call center data during the relevant times and has compared the “Average Speed to
Answer” (“ASA”) of the Bank’s Claims call center against the industry average ASA, yielding
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an average excess hold time of approximately 80 minutes per call.19 The Bank’s records reflect
how many times each class member called during the relevant period. These figures can be
multiplied by the applicable minimum wage—or other reasonable metric—to calculate the total
value of class members’ lost time. I understand Plaintiffs’ labor economist expert David Levine
will offer testimony that the applicable California minimum wage is a reasonable conservative
measure of the value of class members’ lost time spent waiting on hold with the Bank’s Claims
call center in excess of industry standard wait times.
20.
Disgorgement can be calculated based on the Bank’s records. Plaintiffs and the
class seek disgorgement of profits, in the form of avoided costs, that the Bank earned by
understaffing its Claims call center, which caused the long wait times that the Customer Service
class members endured. The disgorged profits can be allocated per capita or pro rata among class
members in proportion to the value of their lost-time actual damages.
5.
EMV Chip Class,
21.
Actual damages can be calculated on a classwide basis as follows. The principal
amount of damages equals the amount of funds that were taken from the class member’s EDD
debit card account through an unauthorized ATM transaction and/or an unauthorized point-of-
sale transaction, as reflected in the amount of the class member’s claim that the Bank denied
based solely on Indicator 1 of its Claim Fraud Filter, which data is available in Bank records that
have been produced to Plaintiffs in this litigation. Consequential damages can be calculated
using the methodology described above with respect to the Claim Denial class.
22.
Statutory damages under the California Consumer Privacy Act (“CCPA”), Cal.
Civ. Code §1798.150(a), can be calculated on a classwide basis in accordance with the statute,
19 This amount is the current best estimate. Ultimately, the finder of fact may conclude that a
different input for the excess hold time applies. In that event, my methodology continues to
apply, however, a different input for the average excess hold time would be implemented.
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which provides for statutory damages ranging from a minimum of $100 to a maximum of $750
per violation, or actual damages, whichever is greater.
23.
Disgorgement can be calculated based on the Bank’s records. Plaintiffs and the
class seek disgorgement of profits, in the form of avoided costs, that the Bank earned by not
including EMV chips in its EDD debit cards prior to July 2021 (an estimated $0.39 per card as of
January 2020, according to Bank records). The disgorged profits can be allocated among the
class members on a per capita basis.
D.
Qualifications
24.
I am a Partner in the Forensic Consulting Services Group of Hemming Morse,
LLC.20 I have been licensed as a CPA in California continuously since 1998. I am also licensed
as a CPA in New York. I hold the Certified in Financial Forensics (“CFF”) certification from the
AICPA, which is the national professional organization for CPAs. I am also a Certified Fraud
Examiner (“CFE”), which is a certification issued by the Association of Certified Fraud
Examiners. I obtained my undergraduate degree from Georgetown University and Masters in
Business Administration with an emphasis in Corporate Finance from the University of San
Francisco.
25.
My work in the accounting profession includes experience as an auditor at Ernst
& Young LLP, as the Controller of a publicly traded company, and as a consultant. My work as a
consultant has involved extensive analysis of various forms of economic damages. Through
these roles, I have gained substantial experience working with complex data systems.
26.
I have been retained to perform these types of damages analyses in matters
involving large companies such as Amazon, Avaya, ASML, Beyond Meat, Cisco, Fitbit, Google,
Intuit, and PNC Bank. I have also been retained as an expert by numerous governmental entities
such as the Securities and Exchange Commission, the Consumer Financial Protection Bureau
20 My expert qualifications, including the testimony I have given, are described in Appendix A
hereto.
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(“CFPB”) and Attorney Generals for numerous states (e.g., California, Colorado, and
Massachusetts). For example, I was retained by the Colorado Attorney General in its
investigation of the lending practices of Marlette Funding LLC, a consumer lending company.
Strategic Financial LLC also retained me to analyze allegations by the CFPB. Additionally, I
have published numerous peer-reviewed analyses of consumer outcomes in debt settlement
programs for the American Association for Debt Resolution.
27.
The AICPA has 650,000 members. The AICPA delegates policy-setting in areas
in which CPAs are active to nineteen different executive committees.21 I have served as a
member of the AICPA’s Forensic & Valuation Services Executive Committee. This nine-
member committee establishes professional standards and guidance for practitioners performing
consulting services that require the application of forensic accounting or valuation-related
methodologies. I was the Chair of the AICPA’s Economic Damages Task Force from 2010-2013
and served as a member of this task force through 2020. I continue to regularly present at the
AICPA’s national forensic and valuation services conference. In 2012, I received the AICPA’s
Forensic Services Volunteer of the Year, which is the award given annually to a member that has
made significant contributions to the advancement of the field of forensic accounting.
28.
I am also a member of the California Society of Certified Public Accountants and
was the Chair of its statewide Forensic Services Section.
29.
The AICPA requires its members to comply with its standards. The AICPA has
determined that the services I am performing in this matter are subject to its Statement on
Standards for Forensic Services. These standards require me, among other things, to operate with
integrity, and to be impartial, intellectually honest, and free of conflicts of interest.
30.
My hourly rate is $650 per hour. My compensation is not dependent on the
calculations I have made, the opinions I express, or the outcome of this matter. A list of the
21 See AICPA & CIMA, AICPA Board of Directors and Volunteer Committees, www.aicpa-
cima.com/resources/landing/aicpa-governance-and-senior-and-executive-committees.
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sources I considered in preparing this report, as required by Federal Rule of Civil Procedure
26(a)(2)(B)(ii), may be found in Appendix B to this report, as well as the footnotes herein.
These sources include documents produced by the Bank, documents that are publicly available
including documents published by the Bank, testimony, and written discovery.22
31.
This report contains proprietary information designated by the Bank as
“CONFIDENTIAL” and “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under a
Stipulated Protective Order entered in the United States District Court for the Northern District
of California and/or that the Court has ordered sealed. Accordingly, no part of this report or its
contents may be published without adherence to the applicable legal standards governing such
publications.
II.
CLAIM DENIAL CLASS
A.
Identification of Claim Denial Class Members
32.
As described in ¶ 4 above, the Claim Denial class consists of all EDD cardholders
who gave the Bank notice that an unauthorized transaction had occurred on their EDD Debit
Card Account (“Claim”) and whose Claim the Bank closed or denied at any time between
September 28, 2020 and June 8, 2021 based on the Bank’s application of its CFF because the
Claim triggered Indicator 1 of the Bank’s CFF and no other CFF Indicators. Excluded from the
class is any person whom the Bank has determined, pursuant to its Remediation Plan under the
CFPB Consent Order, “(i) has been disqualified by the state from Program eligibility; (ii) has
previously engaged in fraudulent Program conduct, such as submission of fraudulent claims or
22 In addition, other evidence may be produced that could be relevant to my conclusions, including
the testimony and reports of other witnesses. Accordingly, I reserve the right to amend my report
and supplement my opinions after considering such evidence, if necessary. For purposes of clarity,
the Bank has produced supplemental and/or revised information in response to interrogatory
requests. The references to the exhibits to the Bank’s interrogatory responses herein should be
understood to reference the most recent version of that exhibit, as of the date of this report, unless
otherwise noted. To the extent the Bank supplements its discovery responses before trial with
updated class member data, damages can be re-calculated based on the updated data using the
same methodologies described herein.
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other abuses of the claims process; or (iii) has had their card frozen due to legal order processes,
as a result of Internal/Vendor fraud investigations, or by Global Financial Crimes Compliance”
(collectively, “Excluded Cardholders”).23 The Bank has also produced data identifying all
Excluded Cardholders by their CardAliasIDs.24 I used the Bank’s own data to exclude thousands
of claims for these reasons, and under the methodologies I propose, any additional claims that
are subject to these exclusions would similarly be excluded.
33.
The members of this Class are ascertainable from the Bank’s records.
Specifically, Bank of America produced data from its claims system of record Wadworth, The
W, which contains transactional data received from Visa, and data from Global Information
Security (“GIS”), that identifies all EDD cardholders whose claims satisfied (“triggered,” in the
Bank’s words) Indicator 1, 2, or 3 of the CFF, and which the Bank then denied based on
application of the Claim Fraud Filter, including: (1) the date the Claim was opened, (2) whether
the Claim triggered CFF Indicator 1, 2, and/or 3 and (3) whether and on what date the Claim was
denied.25
34.
The data produced by the Bank identified the CardAliasID for each impacted
EDD cardholder’s debit card account. CardAliasID is a unique identifier assigned by Visa.26 The
23 Lennon Dep. Ex. 132 at -102557.
24 Bank of America’s First Set of Responses and Objections to Plaintiff Yick’s Seventh Set of
Interrogatories (“7th Rogs”), No. 46 and Exhibit 16 thereto (as of April 19, 2024). In addition to
those identified in Exhibit 16, the Bank identified 21 cardholders in Revised Exhibit 3 as having
an account status of “Closed for Fraud” as of December 20, 2023, who do not appear in Exhibit
16. For purposes of identifying class members and calculating class damages, I have also treated
those 21 EDD cardholders as Excluded Cardholders.
25 Bank of America’s Responses and Objections to Plaintiff Yick’s Third Set of Interrogatories
(“3rd Rogs”), No. 21; see also Lennon Tr. at 30:19-31:8, 208:24-209:14, 210:14-212:7.
26 Lennon Tr. at 168:17-169:5.
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excerpt below illustrates the data fields provided identifying the CFF indicator triggered for each
CardAliasID:27
35.
Additionally, the Bank’s data identifies for each EDD cardholder claim the date a
cardholder filed the claim, the date the claim fraud filter was applied (i.e., the date the claim was
denied), and if the claim was subsequently paid, the date of payment. The excerpt below shows
the corresponding information for each CardAliasID seen in the excerpt above:28
36.
In total, the Bank identified approximately 127,800 unique CardAliasIDs whose
claims “triggered” Indicator 1 and did not trigger any other Indicator.29 Of these, there are over
7,000 individuals identified by the Bank as having credit rescinded based on the Claim Fraud
Filter and are thus potential members of the Credit Recission class. I excluded those
CardAliasIDs that only had a claim(s) consistent with credit rescinded from the Claim Denial
27 3rd Rogs, Revised Exhibit 6, Part 1 (containing “responsive data anonymized for all EDD
cardholders whose claim triggered the Claim Fraud Filter”). See also Lennon Tr. at 205:22-
207:20 (confirming accuracy of the data).
28 1st Rogs, Revised Exhibit 1.
29 3rd Rogs, Revised Exhibit 6, Part 1.
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class to avoid double counting.30 Of the approximately 120,700 remaining CardAliasIDs whose
claims were denied and whose claims triggered Indicator 1 and no other indicator, nearly 16,500
met the criteria for Excluded Cardholders.31
37.
After excluding Credit Rescission class members and Excluded Cardholders,
there are currently approximately 104,300 unique CardAliasIDs (i.e., approximately 86.4% of
all EDD cardholders whose Claim the Bank denied based solely on Indicator 1 of its Claim
Fraud Filter) that meet the Claim Denial class definition.32 Ultimately, the EDD Cardholder
claims relevant to the Claim Denial class damages calculations are identified in Schedule 1.33
B.
Calculations of Claim Denial Class Damages
1.
Principal Amount of Actual Damages
38.
The principal amount of actual damages equals the amount of each class
member’s claim(s) that the Bank denied based solely on Indicator 1 of its Claim Fraud Filter.
The actual amount of each such denied claim for each cardholder is readily available using data
produced by the Bank.
39.
Based on the Bank’s records produced to Plaintiffs as of the date of this Report,
the total dollar value of the Claim Denial class’s claims that the Bank denied based solely on
30 For identification of the Credit Recission class, see infra ¶ 1-2. There are approximately 598
CardAliasIDs with multiple claims each reflecting different circumstances such that the
CardAliasID met the criteria for inclusion in both the Claim Denial class and the Credit
Recission class. In these cases, the CardAliasID is included in each class only to the extent of
underlying relevant claim(s) (i.e., there is no double-counting of claims).
31 See 7th Rogs, No. 46 and Exhibit 16 thereto.
32 I understand discovery is ongoing and the identification of the members of this Class will be
adjusted as the Bank continues to implement the Remediation Plan. As of the date of this report,
at most 51 Individual Plaintiffs (see TAMCC ¶¶ 286-524) are members of at least one class.
33 Of this total, there are approximately 6,500 cardholders for which there is no claim data in
Revised Exhibit 1 (i.e., the Bank does not appear to have produced sufficient data to calculate
damages for these cardholders). Additionally, if printed, Schedule 1 would exceed 1,000 pages.
Accordingly, I have attached the first 9 printed pages of Schedule 1 to this report and provided a
native copy of the actual schedule to Plaintiffs’ Counsel, which I understand they will provide to
the Bank’s counsel and the Court upon request.
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Indicator 1 of the CFF, and thus the total principal amount of actual damages for this class, is
approximately $128.4 million.
2.
Consequential Damages
a)
The Cost of the Inability to Access Funds
40.
An EDD cardholder who experienced and reported an unauthorized transaction on
their EDD debit card account, which the Bank then wrongfully failed to timely credit, was
deprived of the use of their funds. This deprival is consistent with the testimony of the Bank’s
representative, Mr. Robert Chestnut. Specifically, absent the claim denial, Mr. Chestnut testified
that the “majority of cardholders” withdrew their benefits “immediately.”34 This behavior was
consistent across EDD Cardholders before and after the pandemic.35
41.
The consumer’s withdrawal of their EDD funds is also consistent with the nature
of those funds, which were designed to replace only approximately 50% of the recipient’s wages
prior to unemployment.36 Accordingly, consumers receiving unemployment insurance benefits
34 Chestnut Tr. at 63:5-14 (“Q. Okay. And why was this a concern for the bank? A. The way the
revenue share is calculated is based on the average collected balance on all of the cards with the
multiplier we discussed. These transactions where a majority of the cardholders were taking
that money and then immediately withdrawing the entire amount, which is their right as a
cardholder, that is the -- not all but that’s the behavior that the bank analyzed and provided.”)
(emphasis added).
35 Chestnut Tr. at 63:24-64:4 (“Q. But this change in cardholder behavior it sounds like changed
– it lowered the average collected daily balance, correct? A. We keep saying the word ‘change.’
To my knowledge, this was a behavior of cardholders. I’m not aware of a change per se.”). Mr.
Chestnut’s testimony was in reference to changes sought by the Bank during negotiations with
EDD, including, for example, in January 2020. Id. at 61:9-19.
36 Legislative Analyst’s Office (LAO), State of California and Gabriel Petek, Improving
California’s Unemployment Insurance Program, LAO, Aug. 2022,
https://lao.ca.gov/reports/2022/4615/Improving-CA-UI-Program-080822.pdf, 6. See also Emp.
Dev. Dep’t (EDD), State of California, For Your Benefit: California’s Programs for the
Unemployed, https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de2320.pdf, 4-5, 17-19; Irena
Asmundson and Mark Duggan, “Overdue: Why California needs to reform unemployment
insurance funding,” Stanford Institute for Economic Research Policy (SIEPR), Mar. 2022,
https://siepr.stanford.edu/publications/policy-brief/overdue-why-california-needs-reform-
unemployment-insurance-funding. For example, if an individual received a quarterly wage while
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from EDD were under increased financial stress prior to being impacted by the Bank’s claim
denials.37 This circumstance is consistent with the fact that many Americans live paycheck-to-
paycheck.38 It is also consistent with a U.S. Department of Labor study performed on
unemployment insurance recipients in California, which found that 97% of recipients reported
those benefits were important to meeting their current financial obligations.39 Similarly, the
CFPB concluded that such benefits were particularly important during the Covid-19 pandemic—
the time period relevant to the measurement of damages in this instance:
Unemployment insurance was crucial in keeping unemployed consumers from
suffering financially.40
42.
The loss of this replacement income was particularly impactful because
consumers who lost their jobs during the pandemic and received unemployment insurance tended
to earn less than the median wage (i.e., were less likely to have available savings to bridge the
employed of $1,800 (annual wage of $7,200), this individual would receive $70 in weekly
benefits or approximately $900 through California’s Unemployment Insurance, assuming
eligibility.
37 See, e.g., Lennon Dep. Ex. 132 at -102577 (“While pandemic assistance that would have
mitigated late fees was made available by many businesses, it is important to acknowledge that
the prepaid card population was a more financially stressed population than the Bank’s credit
card customers as a whole.”) (emphasis added); Letson Tr. at 100:19-22 (“People that are
receiving unemployment benefits are probably some of the most vulnerable customers we [the
Bank] would have.”).
38 For example, a recent study by Payroll.org estimated that 78% of Americans are in this
situation. See Emily Batdorf, Living Paycheck to Paycheck Statistics 2024, Forbes Advisor (Apr.
2, 2024), https://www.forbes.com/advisor/banking/living-paycheck-to-paycheck-statistics-2024/.
Another recent study found that 60% of Americans live paycheck-to-paycheck, including Super
Prime consumers. See LendingClub, 60% of Americans Now Living Paycheck to Paycheck,
Down from 64% a Month Ago, (Feb. 28, 2023), https://ir.lendingclub.com/news/news-
details/2023/60-of-Americans-Now-Living-Paycheck-to-Paycheck-Down-from-64-a-Month-
Ago/.
39 Mathematica, A Longitudinal Survey of Unemployment Insurance Recipients in Two Regions
in California at 84 (Jan. 30, 2017), https://www.mathematica.org/publications/a-longitudinal-
survey-of-unemployment-insurance-recipients-in-two-regions-in-california.
40 CFPB, Consumer Finances During the Pandemic: Insights from the Making Ends Meet
Survey, at 30 (Dec. 2021), https://files.consumerfinance.gov/f/documents/cfbp_making-ends-
meet-survey-insights_report_2021-12.pdf.
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time until re-employment).41 In fact, a study for the Federal Reserve concluded “many families
have little to no financial cushion.”42 (See orange highlight in excerpt below) As a result, if
confronted with an unexpected expense as little as $400, many consumers would need to either
borrow or sell something.43
43.
As noted in the excerpt above, the benefit of having available funds, such as the
balance otherwise available in an EDD Cardholder account, was that the consumer could avoid
“costly borrowing or missed payments.” (See yellow highlight) This type of harm, specifically
the cost of borrowing, provides the foundation for my methodology to calculate consequential
damages.
41 CFPB, Consumer Finances During the Pandemic at 29.
42 Neil Bhutta, and Lisa Dettling, Money in the Bank? Assessing Families’ Liquid Savings using
the Survey of Consumer Finances, FEDS Notes (Nov. 19, 2018),
https://www.federalreserve.gov/econres/notes/feds-notes/assessing-families-liquid-savings-
using-the-survey-of-consumer-finances-20181119.
43 Id.; see also Lindsay Cook, What are Your Rights if Your Bank Account is Frozen?, Financial
Times (July 23, 2020), www.ft.com/content/8fba7cac-83b3-4df3-a1a7-5b6869516085 (“For
example, the FOS [Financial Ombudsman Service] says if a bank closes a customer’s account
without giving them enough notice this might mean they fail to honour a cheque, direct debit or
standing order payments. It could also lead to a direct loss in the form of interest or late payment
fees and there could be indirect losses like ‘damage to a customer’s reputation or adverse
information on their credit file.’”); CFPB, 2020 Consumer Response Annual Report at 69–72
(Mar. 2021), https://files.consumerfinance.gov/f/documents/cfpb_2020-consumer-response-
annual-report_03-2021.pdf (indicating an inability to access an account, trouble using the card, a
problem with a purchase or transfer and unexpected or other fees as top issues experienced with
prepaid cards); see Brief for CFPB as Amicus Curiae Supporting Plaintiff-Appellant at 13,
Mohamed v. Bank of America, N.A., 93 F.4th 205 (4th Cir. 2021) (No. 22-1954).
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44.
The amount of that cost was a function of the (1) claim denial amount (i.e., the
principal amount), (2) time the cardholder could not access those funds, and (3) the applicable
interest rate (i.e., amount * time * rate). This method is widely accepted as a reasonable
methodology for measuring the economic harm caused by a wrongful denial of funds.44 Courts in
the United States have recognized that a plaintiff whose money has been wrongfully taken
should not only be reimbursed the principal amount but also be compensated for the lost ability
to use their funds when a wrongful act was committed by a defendant.45
45.
The actual amount of the denied claim for each cardholder—the first input in the
calculation—is readily available using data produced by the Bank (see ¶¶ 38-39). The second
input, which is the duration of time that funds were inaccessible because of the claim denial, is
also readily available using data produced by the Bank (see ¶ 35). Accordingly, I used this data
to calculate the duration of time applicable to each claim denial as the total number of days from
the application of the CFF (“FraudFilterFileDate”) to the paid date (“Paid_Date”). Here, the
classwide median duration of a claim denial was 87 days and approximately 72% of claims were
denied for more than 30 days.
46.
The third input is a compound interest rate that reflects the time value of money
for impacted cardholders, or comparable measure of the economic loss to class members
resulting from their inability to access their UI benefits. To illustrate my methodology, I selected
two interest rates as inputs to calculate damages.46 The first interest rate, 10%, is consistent with
44 I was a principal author of the AICPA Practice Aid, Discount Rates, Risk, and Uncertainty in
Economic Damages Calculations, which addresses these generally accepted financial principles.
AICPA & CIMA, Discount Rates, Risks, and Uncertainty in Economic Damages (Jan. 1, 2020),
https://www.aicpa-cima.com/resources/download/discount-rates-risks-and-uncertainty-in-
economic-damages-calculations-or-fvs.
45 See, e.g., Judicial Council of California Civil Jury Instructions (2022) (“CACI”) No. 3935,
Prejudgment Interest (“Prejudgment interest is the amount of interest the law provides to a
plaintiff to compensate for the loss of the ability to use the funds.”).
46 I understand the selection of the appropriate interest rate is ultimately an issue for the trier of
fact to determine.
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the interest rate applied to judgments in California.47 The 10% rate likely understates the cost a
consumer would have incurred during that same period, including the cost of increased
borrowing, reduced consumption, or the inability to pay down existing debt such as credit card
debt.48 This is because impacted cardholders would have needed to mitigate the unexpected
inability to access their funds otherwise available in their Bank-controlled EDD accounts.
47.
I determined the second interest rate based on my review of the types of credit
accessed by typical consumers. Credit cards are the most widely used form of consumer credit.49
As a result, I concluded that the most likely source of funds accessible to an impacted cardholder
47 Cal. Civ. Proc. Code § 685.010.(a)(1) (“Except as provided in paragraph (2), interest accrues
at the rate of 10 percent per annum on the principal amount of a money judgment remaining
unsatisfied.”). See, e.g., Cal. Courts Self-Help Guide, Add Costs and Interest to What’s Owed,
https://selfhelp.courts.ca.gov/small-claims/after-trial/collect-money/add-costs-and-interest-
whats-owed (“Generally, any unpaid principal balance collects interest at 10%, or 7% if the
debtor is a government agency.”).
48 See, e.g., U.S. Gov’t Accountability Office, Credit Cards: Pandemic Assistance Likely Helped
Reduce Balances, and Credit Terms Varied Among Demographic Groups at 20 (Sept. 29, 2023),
https://www.gao.gov/products/gao-23-105269 (“Pandemic-related assistance provided by the
federal government and credit card issuers likely contributed to cardholders paying down their
credit card balances, according to our analysis.”); Joanna Stavins, Credit Card Spending and
Borrowing Since the Start of the COVID-19 Pandemic, Fed. Rsrv. Bank of Bos., (Oct. 19, 2023),
https://www.bostonfed.org/publications/current-policy-perspectives/2023/credit-card-spending-
and-borrowing-since-the-start-of-the-covid-19-pandemic.aspx (“Many consumers improved their
financial health by repaying their credit card revolving debt fully or partially.”).
49 CFPB, Consumer Finances During the Pandemic at 17, 44. See also, CFPB, The Consumer
Credit Card Market at 89-92, Figures 21, 22 (Sept. 2021),
https://files.consumerfinance.gov/f/documents/cfpb_consumer-credit-card-
marketreport_2021.pdf (indicating the typical consumer uses credit cards); Gathergood, John, et
al., How Do Consumers Avoid Penalty Fees? Evidence From Credit Cards, 67 Management
Science at 2 (2020) (“Credit cards are the most common consumer unsecured borrowing
product…”); Zinman, Jonathan, Household Debt: Facts, Puzzles, Theories, and Policies, 7
Annual Review of Economics 251, 252 (2015) (“Another reason is that these high stakes are
prevalent: They affect most households, including poor ones. According to recent Survey of
Consumer Finances Chartbooks, more US households participate in the credit card market
(approximately 70%) than hold stocks directly or indirectly (approximately 50%), and
participation rates are substantial in the other big US consumer debt markets—mortgages (45%),
student loans (19%), and car loans (30%).”).
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would have been increased credit card utilization50 until the time the Bank credited their accounts
for their claim(s).51 This expectation is consistent with the Federal Reserve’s data indicating that
lower income consumers increased credit card spending following the onset of the pandemic.52
This expectation is also consistent with the CFPB’s contemporaneous studies of utilization and
available credit across all consumer types during the relevant period.53
48.
The table below summarizes then-applicable credit card interest rates based on
consumer credit scores (i.e., the annual percentage rate or “APR”):54
50 Credit card utilization refers to the amount of a consumer’s credit line that remains
outstanding. For example, if a consumer has a credit limit of $10,000 and an outstanding balance
of $6,000, then the consumer has a utilization rate of 60% and 40% of the credit line remains
available.
51 Mathematica at xix (indicating recipients’ average debt and loan amounts increased, while
average savings did not decrease). See also CFPB, Consumer Finances During the Pandemic at
44 (“Consumers who received some form of pandemic assistance between March 2020 and June
2021 had higher credit card debt and higher utilization levels than those not observed in
forbearance or receiving assistance, reflecting higher average levels of financial distress among
this group.”).
52 See, e.g., Joanna Stavins, Credit Card Spending and Borrowing Since the Start of the Covid-19
Pandemic, Fed. Rsrv. Bank of Bos. (Oct. 19, 2023),
https://www.bostonfed.org/publications/current-policy-perspectives/2023/credit-card-spending-
and-borrowing-since-the-start-of-the-covid-19-pandemic.aspx (“Although credit card spending
and debt have risen among consumers in all income cohorts, the rate of increase has been highest
for the bottom-income consumers.”). See also CFPB, Consumer Finances During the Pandemic
at 6 (indicating that credit card debt rose when unemployed consumers ceased receiving
unemployment insurance benefits).
53 See CFPB, The Consumer Credit Card Market at 19, Table 1, and 89-92, Figures 21, 23. This
data was analyzed in my Expert Class Certification Report dated August 29, 2024 at ¶¶ 55-56.
54 See, e.g., id. at 19, Table 1, and 46-50, Figure 3 (Sept. 2021), (showing credit score tiers and
APR data, respectively).
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Consumer Type
Credit Score Range Average APR
Superprime
720 or greater
17.4%
Prime
660 to 719
20.8%
Near Prime
620 to 659
22.4%
Subprime
580 to 619
23.3%
Deep subprime
579 or less
23.6%
49.
The average credit score for California consumers is approximately 712 to 722.55
Consumers with lower incomes, however, receive unemployment insurance at a higher rate than
consumers with higher incomes.56 Additionally, consumer incomes are positively correlated with
credit scores (e.g., higher income is associated with a higher credit score and vice versa).57
Together, this data indicates that the applicable APR for impacted cardholders would have
exceeded 20%. Ultimately, though, to be conservative, I selected 20% as the APR for my second
calculation of the time value of money. This 20% rate is consistent with my prior experience
studying unsecured consumer debt such as credit cards,58 and lower than APRs associated with
alternative lending sources.59
55 See, e.g., Equifax, What Is the Average Credit Score by State?,
https://www.equifax.com/personal/education/credit/score/articles/-/learn/average-credit-score-
state/ (reporting an average score of 712 in California); Jennifer Streaks, The Average Credit
Score by Age, State, and Year, Business Insider (Jul. 31, 2024),
https://www.businessinsider.com/personal-finance/credit-score/average-credit-score (reporting
an average score of 722 in California); Caitlyn Moorhead, The Average Credit Score in Each
State, Nasdaq (May 6, 2024), https://www.nasdaq.com/articles/the-average-credit-score-in-each-
state-see-where-your-state-ranks (same).
56 Jeff Larrimore, Jacob Mortenson, & David Splinter, Unemployment Insurance in Survey and
Administrative Data, Fed. Rsrv., https://www.federalreserve.gov/econres/notes/feds-
notes/unemployment-insurance-in-survey-and-administrative-data-20220705.html.
57 American Express, Average Credit Scores by Age, State, and Income (Dec. 21, 2022),
https://www.americanexpress.com/en-us/credit-cards/credit-intel/credit-score-by-age-state/.
58 For example, in February 2021, I published a study of economic impacts on consumers in debt
settlement programs. My study was peer reviewed by Professor Will Dobbie at Harvard. At that
time, I observed that APRs ranged up to 29% for distressed consumers. Greg Regan, Options for
Consumers in Crisis: An Updated Economic Analysis of the Debt Settlement Industry (Feb.
2021), https://ghllc.com/wp-content/uploads/2021/02/Options-for-Consumers-Mar-2020.pdf.
59 Fintech companies became an increased source of funding during the pandemic and low- and
moderate- income borrowers may have accessed these additional credit sources at higher rates
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50.
The table below illustrates the two example calculations:60
Claim Denial Class
10% Rate
20% Rate
Principal Amount (see § II.B.1)
$128.4 million
$128.4 million
Cost of Inability to Access UI Funds
$8.1 million
$16.7 million
Total Actual Damages
$136.5 million
$145.1 million
51.
In my opinion, these calculations are reasonable and conservative because the
median duration of the claim denial was 87 days.61 This duration data indicates that the impacted
Cardholders’ ability to fully repay their existing balance would have been constrained during this
than for traditional products. See Ambika Nair & Eldar Beiseitov, The Role of Fintech in
Unsecured Consumer Lending to Low- and Moderate-Income Individuals, Fed. Rsrv. Bank of
N.Y. at 13 (Nov. 2023), https://www.newyorkfed.org/medialibrary/media/outreach-and-
education/household-financial-well-being/the-role-of-fintech-in-unsecured-consumer-lending-to-
low-and-moderate-income-individuals. See also, Fed. Rsrv. Bank of Cleveland, Fintech Lending
Expands Small Businesses’ Options (July 8, 2020),
https://www.clevelandfed.org/publications/research-in-brief/2020/rib-20200709-fintech-lending
(“Small businesses that borrow from fintech lenders are much more likely to report encountering
high interest rates or less favorable repayment terms than at banks.”). I have previously been
asked to analyze the consumer lending programs offered by Fintech lenders such as Marlette
Funding, Avant, and Easypay for the Colorado and Massachusetts Attorney Generals Offices. In
my experience, these lending programs involved APRs substantially in excess of 20%. In
addition, consumers may have turned to other alternative sources such as (1) payday lenders, (2)
buy now and pay later, or (3) penalty APRs, which typically exceed 25%. The Bank
acknowledged these funding sources as alternatives. See Lennon Dep. Ex. 133 at -102534. The
products available from these alternatives also typically featured APRs that exceeded 20%
during the relevant period. See CFPB, What is a Payday Loan?, (May 28, 2024),
https://www.consumerfinance.gov/ask-cfpb/what-is-a-payday-loan-en-1567/ (indicating APRs of
almost 400%); Anne Marie Lee, “Buy Now, Pay Later” Plans Can Rack Up Steep Interest
Charges. Here’s What Shoppers Should Know, CBS News (July 24, 2023),
https://www.cbsnews.com/news/buy-now-pay-later-loans-interest-rate-fees-tips-what-to-know/
(indicating APRs can reach 36.99%); CFPB, Consumer Use of Buy Now, Pay Later at 21 (Mar.
2023), https://files.consumerfinance.gov/f/documents/cfpb_consumer-use-of-buy-now-pay-
later_2023-03.pdf (indicating that the alternative credit card cost for Buy Now Pay Later
opportunities would be approximately 22-24%). See, e.g., Barry Bridges, What is Penalty APR
and How do You Avoid It?, Bankrate (Mar. 12, 2024), https://www.bankrate.com/credit-
cards/zero-interest/what-is-penalty-apr/#consequences (indicating credit card issuers impose
penalty APRs of approximately 29%).
60 The amounts presented in the table below and other tables in this report require an offset for
amounts that the Bank has paid or presently expects to pay pursuant to the Remediation Plan.
These amounts are calculable if and when an award is made in this matter.
61 Schedule 1.
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time (i.e., the resulting debt balance would have been more likely to revolve thus incurring
interest cost). Further, my calculation excludes other likely financial harms related to the Bank’s
actions such as late or overdraft fees.62 Altogether, my methodology provides a range of
reasonably possible outcomes amongst potential class members.
b)
My Methodology is Consistent with the Bank’s Method to
Calculate Consequential Harm Payments
52.
Bank of America and its bank subsidiaries are subject to regulation, supervision,
and examination by the Office of the Comptroller of the Currency (“OCC”).63 The Bank’s
consumer financial products and services are regulated by the Consumer Financial Protection
Bureau (“CFPB”).64
53.
On July 14, 2022, approximately eighteen months after Plaintiffs initiated Yick v.
Bank of America, N.A., Case No. 21-cv-00376-VC (N.D. Cal.) and thirteen months after
Plaintiffs obtained a preliminary injunction against the Bank in that case, the CFPB and the OCC
issued consent orders against the Bank with factual findings that are consistent with the
allegations in this case.65 The OCC imposed a fine of $125 million and the CFPB Consent Order
imposed a $100 million penalty.66
62 CFPB, Consumer Finances During the Pandemic at 5 (“Consumers with a large income drop
due to unemployment, who had to wait longer than four weeks to receive unemployment
insurance benefits, or who never received any, were much more likely to have difficulty paying
their bills.”). See also Lisa L. Gill, How to Avoid Credit Card Late Fees, Consumer Reports
(Oct. 19, 2023), https://www.consumerreports.org/money/credit-cards/how-to-avoid-credit-card-
late-fees-a8219928529/ (“The burden of high late fees appears to fall heavily on communities of
color, and people living paycheck to paycheck, who have less income and assets…These sharp,
back-end penalties for paying late in effect make credit a lot more expensive for these
customers.”).
63 Bank of America Corp., Annual Report (Form 10-K) at 4 (Feb. 24, 2021).
64 Id.
65 Bank of America, N.A., CFPB No. 2022-CFPB-0004 (Jul. 14, 2022) (“CFPB Consent Order”);
Bank of America, N.A., OCC No. AA-ENF-2022-21 (2022) (“OCC Consent Order”).
66 Bank of America, N.A., OCC No. AA-ENF-2022-22 (2022) (“OCC Consent Order for Civil
Money Penalty”) at Art. III ¶ 1; CFPB Consent Order at Art IX ¶ 99.
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54.
Additionally, the Consent Order required the Bank to provide redress to “Affected
Consumers,” defined under the CFPB Consent Order to include consumers who “qualified for
and received government unemployment insurance benefit payments electronically through
prepaid debit cards issued by Respondent [i.e., Bank of America]” and whose unauthorized-
transaction claims were erroneously denied or accounts frozen “based solely on the results of
Respondent’s Fraud Filter.”67 The Consent Order required the redress to consumers to include
“(i) compensation for the value of unauthorized EFTs alleged by Affected Consumers in notices
of error that Respondent incorrectly denied through its Fraud Filter; (ii) compensation to
Affected Consumers for related Consequential Harm …; and (iii) compensation to Affected
Consumers through an individualized review process ….”68 The Consent Order defined
“Consequential Harm” to mean “the financial harm Affected Consumers incurred due to the time
their unemployment insurance benefit prepaid debit card account remained frozen or blocked
after Respondent incorrectly determined that no error occurred on the consumer’s unemployment
insurance benefit prepaid debit card account, based solely on the results of Respondent’s Fraud
Filter.”69
55.
The Bank agreed to submit a “comprehensive written plan for providing redress
consistent with th[e] Consent Order.”70 The Consent Order required the plan to include, among
other things: (a) “[a] description of the methodology Respondent will use to identify Affected
Consumers”; (b) “[a] description of the procedures and process Respondent will use to remediate
each Affected Consumer, which shall include: (i) calculating the value of unauthorized EFTs
alleged by Affected Consumers in notices of error that Respondent incorrectly denied through its
Fraud Filter; (ii) calculating the lump sum Consequential Harm payment; and (iii) an
67 CFPB Consent Order at Art. III ¶¶ 3(a), 93.
68 Id.
69 Id. at Art III ¶ 3(c).
70 Id. at Art VII ¶ 94.
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individualized review process administered by an independent third-party payment administrator
that allows Affected Consumers to seek additional redress compensation by submitting evidence
of financial harm exceeding Consequential Harm-related payment”; (c) “[a] description of the
methodology Respondent will use to calculate the amount of remediation to be paid as
Consequential Harm for each Affected Consumer”; and (d) “[a] description of the methodology
Respondent will use to identify compensable financial impacts to Affected Consumers for the
purpose of additional redress compensation exceeding Consequential Harm-related payments in
connection with the individualized review process.”
56.
On October 6, 2022, Bank of America finalized a Remediation Plan with the OCC
and the CFPB (the “Remediation Plan”).71 As required by the Consent Order, in addition to
providing for payment of the value of unauthorized EFTs alleged by Affected Consumers in
notices of error that the Bank incorrectly denied through its Fraud Filter,72 the Bank’s
Remediation Plan set forth a methodology (to which I understand the regulators non-objected73),
based on the Bank’s investigation of cardholder complaints and market data, for calculating the
“Consequential Harm payments.” These payments were designed to address “the financial harm
Affected Consumers incurred due to the time their unemployment insurance benefit prepaid debit
card account remained frozen or blocked after Respondent incorrectly determined that no error
71 See generally Lennon Dep. Ex. 132; Lennon Dep. Ex. 133; Lennon Dep. Ex. 134. I understand
that the Bank’s implementation of the Remediation Plan is ongoing as of the date of this report.
See, e.g., 3rd Rogs, No. 22 (“BANA’s and EDD’s investigation of the EDD cardholders
identified in Exhibit 6, and BANA’s implementation of the Remediation Plan, are ongoing. As a
result, the statuses of EDD Cardholders are subject to change.”); 4th Rogs, No. 30 (“BANA’s
and EDD’s investigation of the EDD cardholders identified in Exhibits 9 and 10, and BANA’s
implementation of the Remediation Plan, are ongoing. As a result, the statuses of EDD
Cardholders are subject to change.”). Future updates because of the Bank’s activities pursuant to
the Remediation Plan may result in changes to the amounts and numbers presented in this report.
72 CFPB Consent Order at Art VII ¶ 93.
73 Lennon Tr. at 59:24-60:10.
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occurred on the consumer’s unemployment insurance benefit prepaid debit card account, based
solely on the results of Respondent’s Fraud Filter.”74
57.
Ultimately, the Bank concluded that the key consequential harms to consumers
consisted of interest charges, the cost of borrowing substitute funds, missed bills, fees incurred
(including late fees), and overdrafts.75 The Bank’s redress for these harms included an
assessment of the interest cost associated with borrowing on consumer credit cards—estimating a
20% annual cost of borrowing for cardholders.76 Consequently, the Bank’s consequential harm
calculation for California EDD Cardholders77 under the Remediation Plan, developed pursuant to
the CFPB and OCC Consent Orders, and approved by the Bank’s federal regulators, was similar
to my methodology described above (see § II.B.2.a)).78
74 CFPB Consent Order at Art III ¶ 3(c).
75 Lennon Dep. Ex. 132 at -102556-564; Lennon Dep. Ex. 133 at -102534.
76 Id. See also Lennon Tr. at 145:1-16 (confirming the calculation was done on a compound
basis).
77 Approximately 80% of the cardholders that were expected to receive compensation payments
lived in California. Lennon Dep. Ex. 132 at -102565.
78 Id. at -102556.
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3.
EFTA Treble Damages
58.
Treble damages under EFTA, 15 U.S.C. §1693f(e), can be calculated on a
classwide basis by simply multiplying each class member’s actual damages by three.79
Claim Denial Class
Amount (10%)
Amount (20%)
Principal Amount
$128.4 million
$128.4 million
Cost of Inability to Access UI Funds
$8.1 million
$16.7 million
Total Actual Damages
$136.5 million
$145.1 million
Treble Amount
$409.5 million
$435.2 million
4.
EFTA Statutory Damages
59.
I understand the Claim Denial class asserts violations of multiple different
provisions of EFTA, each of which gives rise to statutory damages: (1) 15 U.S.C. § 1693f(a)
(failure to investigate Claim Denial class members’ unauthorized transaction claims); (2) 15
U.S.C. §1693f(c) (failure to issue provisional credit if reasonable investigation of alleged error
not completed within 10 business days, and failure to issue permanent credit if reasonable
investigation of alleged error not completed within 45 days); and (3) 15 U.S.C. §1693f(d)
(failure to provide a written “explanation of its findings”). In accordance with 15 U.S.C.
§1693m(a)(2)(B), I understand statutory damages are calculated as $500,000 multiplied by the
number of violations established .
5.
Disgorgement of Profits
60.
The objective of a disgorgement calculation is to isolate the gain obtained by the
defendant attributable to the alleged harmful act.80 Disgorgement can also be calculated based on
the Bank’s records. Plaintiffs and the class seek disgorgement of profits that the Bank earned on
79 I understand that offsets to damages for amounts that the Bank has paid or will pay to
proposed class members are applied after calculating all damages, including treble damages.
80 Restatement of the Law (Third), Restitution and Unjust Enrichment § 51 cmt a. (Am. L. Inst.
2011) (“The principal focus of § 51 is on cases in which unjust enrichment is measured by the
defendant’s profits, where the object of restitution is to strip the defendant of a wrongful gain.”).
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the Claim amounts that the Bank withheld from Plaintiffs and the class based on its Claim Fraud
Filter.81
61.
The Bank referred to the balance of available funds in a consumer account as the
Average Collected Balance.82 The Bank generated Float Revenue on the Average Collected
Balance, which is the interest on those funds above the applicable Federal Funds Rate.83
Accordingly, the Bank earned incremental Float Revenue on the amounts withheld from
members of the class during the time period of the claim denial.84 If the Bank had not denied
Cardholders access to their funds, by contrast,
85
62.
I used the Bank’s records to calculate the benefit obtained by the Bank in the form
of Float Revenue for each Claim Denial class member. Specifically, the Bank’s records identify
81 Id. at § 51(4) (“Unless the rule of subsection (2) imposes a greater liability, the unjust enrichment
of a conscious wrongdoer, or of a defaulting fiduciary without regard to notice or fault, is the net
profit attributable to the underlying wrong.” See also id. § 51 cmt a. (“Restitution measured by the
defendant’s wrongful gain is frequently called ‘disgorgement.’ Other cases refer to an ‘accounting’
or an ‘accounting for profits.’ Whether or not these terms are employed, the remedial issues in all
cases of conscious wrongdoing are the same. They concern the identification and measurement of
those gains to the defendant that should be regarded as unjust enrichment, in that they are properly
attributable to the defendant’s interference with the claimant’s legally protected rights.”).
82 Transcript of the Deposition of Bank of America’s Rule 30(b)(6) Designee Robert Chestnut
(“Chestnut Tr.”) at 45:16-46:23.
83 Chestnut Tr. at 46:24-48:8.
84 The Bank did not
. Chestnut Tr. at
46:11-23. However, the Bank’s contract with the EDD
. See
Chestnut Tr. at 44:5-45:15, 170:1-13;
between the
Bank and EDD.
85 See Chestnut Tr. at 61:9-64:4 described above.
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the rate at which Float Revenue was earned.86 I used this data to identify the applicable Float
Revenue rate during the time between the date of each claim denial based on CFF Indicator 1
until the date the class member was finally reimbursed the claim amount.87 The total Float
Revenue generated by the Bank attributable to the Average Collected Balance for Claim Denial
class members is approximately $95,000.88
III.
CREDIT RECISSION CLASS
63.
From approximately June 10, 2020 to October 2, 2020,89 the Bank provided over
12,000 EDD cardholders a permanent credit (i.e., credited their notices of error), which credit the
Bank subsequently rescinded between approximately September 28, 2020 and October 15, 2020
based solely on the Bank’s retroactive application of its Claim Fraud Filter.90 Upon application
of its Claim Fraud Filter, the Bank retroactively took the position that no unauthorized
transaction had occurred and reversed the previously provided permanent credits.91
A.
Identification of Credit Recission Class Members
64.
The members of this class are also ascertainable from the Bank’s records. Bank of
America produced data identifying the CardAliasID for each EDD cardholder who received a
86
. See also May 2018 Standard Agreement
Amendment between the Bank and EDD, Exhibit F (specifying that the revenue sharing
calculation will use the Effective Federal Funds Rate).
87 I calculated Float Revenue until April 2021, when the Float Revenue rate decreased below the
40-basis point floor. See Litigation Services Handbook, The Role of the Financial Expert §18.31
(5th ed. 2012) (indicating “most courts will allow the owner to include only profitable periods or
products in its total damages claim”).
88 Schedule 2.
89 These dates correspond to the Bank’s
. The Bank’s Corporate
Representative testified that
. Lennon Tr.
at 241:3-248:1 (regarding Lennon Dep. Ex. 140-6).
90 3rd Rogs, No. 21 and Revised Exhibit 6, Part 2; 1st Rogs, No. 3 and Revised Exhibit 2.
91 Lennon Tr. at 236:18-240:24 (referencing Lennon Dep. Ex. 136-2, which is the Bank’s revised
Exhibit 2 in response to Rog 3).
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“permanent” credit from the Bank in connection with their claim, which credit the Bank later
rescinded after September 28, 2020 based on its subsequent application of the Claim Fraud
Filter, including: (1) the date the Claim was opened; (2) the date permanent credit was issued; (3)
the date the Claim Fraud Filter was subsequently triggered, and thus credit rescinded; (4)
whether and on what date the Claim was eventually repaid.92 For each such cardholder, the Bank
also produced data indicating whether the cardholder’s claim triggered Indicator 1, 2, and/or 3 of
the CFF.93 Bank of America obtained this data from its claims system of record Wadworth, The
W, which contains transactional data received from Visa, and data from GIS.94
65.
A total of approximately 7,900 unique CardAliasIDs submitted claims for which
the Bank rescinded previously issued permanent credits because the claim triggered Claim Fraud
Filter Indicator 1 and no other indicators.95 As described above (see ¶¶ 32, 36), I then removed
Excluded Cardholders.96 After this exclusion, approximately 6,100 unique CardAliasIDs
remained (i.e., 77% of all EDD cardholders whose permanent credits were rescinded based
solely on Indicator 1 of the Bank’s Claim Fraud Filter) that meet the criteria for the Credit
Recission class.
B.
Calculations of Credit Recission Class Damages
1.
Principal Amount of Actual Damages
66.
The principal amount of damages equals the amount of the class members’ claim
credit that the Bank rescinded based solely on Indicator 1 of its Claim Fraud Filter. The actual
92 3rd Rogs, No. 21 and Revised Exhibit 6, Part 2; 1st Rogs, No. 3 and Revised Exhibit 2.
93 3rd Rogs, No. 21 and Revised Exhibit 6, Part 2.
94 Id.
95 3rd Rogs, Revised Exhibit 6, Part 2.
96 7th Rogs, No. 46 and Exhibit 16. In addition to those identified in Exhibit 16, the Bank
identified 21 cardholders in Revised Exhibit 3 as having an account status of “Closed for Fraud”
as of December 20, 2023, who do not appear in Exhibit 16. For purposes of identifying class
members and calculating class damages, I have also treated those 21 EDD cardholders as
Excluded Cardholders.
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amount of each such rescinded credit for each class member is readily available using data
produced by the Bank.97
67.
Based on the Bank’s records, the total dollar value of the Credit Rescission class’s
permanent credits that the Bank rescinded based solely on Indicator 1 of the CFF, and thus the
total principal amount of damages for this Class, equals approximately $10.9 million.
2.
Consequential Damages
68.
All members of the Credit Recission class had credit that the Bank subsequently
rescinded based solely on Indicator 1 of the CFF. From the time of the Bank’s credit reversal
until the Bank eventually reimbursed those funds, those class members were without access to
those funds. The median duration of a claim denial for proposed class members was 320 days
and approximately 96% of claims were denied for more than 30 days.
69.
For the same reasons as the Claim Denial class members, the members of the
Credit Rescission class would have incurred additional damages beyond the principal amounts
themselves resulting from the inability to access their UI funds. Accordingly, I have applied the
same methodology as described in § II.B.2.a) to calculate the cost of the inability to access
impacted funds for the Credit Rescission class.98 This calculation is reasonable and conservative
because it excludes other costs that impacted class members may have experienced such as late
97 See 1st Rogs, No. 3 and Revised Exhibit 2; Lennon Dep. Ex. 132 at -102561 n.23 (“[T]he
Bank … will calculate direct compensation amounts for each cardholder based on the actual
impacted amount for each cardholder.”).
98 The damages calculated in this section are independent of the damages presented §§ III and IV
of this report.
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or overdraft fees. The table below summarizes my calculations of the damages for the Credit
Recission class:99
Credit Rescission Class
Amount (10%)
Amount (20%)
Principal Amount (see ¶ 66)
$10.9 million
$10.9 million
Cost of Inability to Access UI Funds
$1.1 million
$2.4 million
Total Actual Damages
$12.1 million
$13.3 million
3.
EFTA Treble Damages
70.
Treble damages under EFTA, 15 U.S.C. §1693f(e), can be calculated on a
classwide basis by multiplying each class member’s actual damages (comprised of the principal
amounts and the consequential harms) by three.
Credit Rescission Class
Amount (10%)
Amount (20%)
Principal Amount
$10.9 million
$10.9 million
Cost of Inability to Access UI Funds
$1.1 million
$2.4 million
Total Actual Damages
$12.1 million
$13.3 million
Treble Amount
$36.2 million
$39.8 million
4.
EFTA Statutory Damages
71.
I understand the Credit Rescission class asserts violations of multiple different
provisions of EFTA, each of which gives rise to statutory damages: (1) 15 U.S.C. §1693f(a)-(c)
(failure to issue permanent credit if reasonable investigation of alleged error not completed
within 45 days ); (2) 15 U.S.C. §1693f(b) (failure to permanently correct the error within one
business day after determining than an error did occur); and (3) 15 U.S.C. §1693f(d) (failure to
provide a written “explanation of its findings”). In accordance with 15 U.S.C. §1693m(a)(2)(B),
I understand statutory damages are calculated as $500,000 multiplied by the number of violations
established.
5.
Disgorgement of Profits
72.
Disgorgement can also be calculated based on the Bank’s records. Plaintiffs and
the Class seek disgorgement of profits that the Bank earned on the permanent credit amounts that
99 Schedule 1.
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the Bank rescinded and withheld from Plaintiffs and the class based on its Claim Fraud Filter.
The methodology to calculate disgorgement is set forth in § II.B.5 above. The total Float
Revenue generated by the Bank attributable to the Average Collected Balance for Credit
Recission class members is approximately $17,000.100 As described therein, the Bank’s records
may be used to calculate the benefit obtained by the Bank in the form of Float Revenue for each
Credit Rescission class member.
IV.
ACCOUNT FREEZE CLASS
A.
Identification of Account Freeze Class Members
73.
As described in § I.A above, this class consists of all EDD cardholders whose
Account the Bank froze at any time between September 28, 2020 and March 18, 2021 based
solely on the Bank’s application of Indicator 1 of its CFF, and whose Account the Bank (i)
subsequently unfroze, or (ii) subsequently converted from frozen to blocked status on or after
March 18, 2021, and then unblocked.
74.
The members of this class are also ascertainable from the Bank’s records. To
identify these members, I obtained the Bank’s data for all EDD cardholders whose Account was
frozen between September 28, 2020 and March 18, 2021 based on the application of the CFF,
and then isolated the data for only those cardholders whose accounts were frozen based on CFF
Indicator 1 and no other CFF Indicator.101 This data was obtained from the Bank’s claims system
of record Wadworth, The W, which contains transactional data received from Visa, and data
from GIS.102
100 Schedule 2.
101 1st Rogs, Nos. 4-5 and Exhibit 3 thereto; 3rd Rogs, No. 21 and Exhibit 6, part 3 thereto.
102 3rd Rogs, No. 21.
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75.
The following table reflects an excerpt of the Bank’s data regarding EDD
cardholders whose Account was frozen:103
76.
The data fields in the excerpt above identify the following information:104
Field
Information
Frd_Fltr_Frz_Dt
Date the account was frozen based on application of the CFF.
Balance_at_Freeze
Balance at the time of the freeze.
Action_Dt
Date the account was unfrozen.
Action
Action taken on the action date.
Action_Rqstr
Whether the unfreeze was requested by the Bank or the EDD.
Action_Reason
Reason for the unfreeze. The reason “Claims Filter – FTB”
indicates the account was converted from Frozen to
Blocked.105
Unblock_Dt
Date the account was unblocked, if any.
77.
As seen in the excerpt above, the data produced by the Bank identified the
CardAliasID for each impacted EDD Cardholder’s Account. There are approximately 81,200
EDD cardholders whose Accounts were frozen because their claim triggered Indicator 1 of the
CFF and no other indicator.106 As described above (see ¶¶ 32, 37), I then removed all Excluded
103 1st Rogs, No. 4, Revised Exhibit 3 (containing “all EDD debit cardholders whose EDD Debit
Card Account were frozen during the putative Class Period based on application of the Claim
Fraud Filter, and whose EDD Debit Card Accounts were later unfrozen or converted from frozen
to blocked status and then unblocked”).
104 Id.
105 Revised Exhibit 3 indicates 63,159 of the 122,075 accounts were converted from Frozen to
Block between March 18, 2021 and April 16, 2021.
106 3rd Rogs, Revised Exhibit 6, Part 3.
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Cardholders.107 After excluding these CardAliasIDs, there are currently approximately 65,800
CardAliasIDs (i.e., 81% of all EDD cardholders frozen solely due to Indicator 1 of the Bank’s
Claim Fraud Filterwho meet these criteria.108
B.
Calculations of Account Freeze Class Damages
1.
Principal Amount of Actual Damages
78.
The principal amount of damages for the Account Freeze class equals the amount
of funds in their accounts to which class members were denied access when the Bank froze their
account based solely on Indicator 1 of its CFF. The actual amount of such frozen funds for each
Account Freeze class member is readily available using data produced by the Bank.109
79.
Based on the Bank’s records, the total dollar value of funds in the Account Freeze
class’s accounts to which the Bank denied class members access based solely on Indicator 1 of
the CFF, and thus the total principal amount of damages for this class, equals approximately
$46.2 million.110
107 In addition to those identified in Exhibit 16, the Bank identified 21 cardholders in Revised
Exhibit 3 as having an account status of “Closed for Fraud” as of December 20, 2023, who do
not appear in Exhibit 16. For purposes of identifying class members and calculating class
damages, I have also treated those 21 EDD cardholders as Excluded Cardholders.
108 Approximately 2,600 of these cardholders do not have Account data in Revised Exhibit 1
(i.e., the Bank does not appear to have produced sufficient data to calculate damages for these
cardholders). As noted above, to the extent the Bank supplements its interrogatory responses
with updated data before trial, including data reflecting its further implementation of the
Remediation Plan, the identification of the members of this class can be adjusted accordingly.
109 See 1st Rogs, No. 4-5 and Revised Exhibit 3 thereto; Lennon Dep. Ex. 132 at -102561 n.23
(“[T]he Bank … will calculate direct compensation amounts for each cardholder based on the
actual impacted amount for each cardholder.”) This data is identifiable in 1st Rogs, Revised
Exhibit 3.
110 This amount represents the total of each cardholder’s account balance at the time of the
account freeze, and it is identifiable for each account in 1st Rogs, Revised Exhibit 3.
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2.
Consequential Damages
a)
Cost of Inability of Access Frozen Funds
80.
For the same reasons as the Claim Denial class members (see § II.B), the
members of the Account Freeze class would likely have incurred additional damages beyond the
principal amounts themselves resulting from their inability to access their UI funds. Accordingly,
to measure the Account Freeze class’s consequential damages, I have also applied a compound
interest rate to the balance of frozen funds that reflects the time value of money for this
population of cardholders. This is the same methodology described in § Error! Reference s
ource not found. above.
81.
For the Account Freeze class, I identified the amount and duration data specific to
each impacted cardholder claim using the Bank’s data.111 To calculate the frozen period, I
compared the date the account was frozen (“Frd_Fltr_Frz_Dt”) to the date the account was
unfrozen (“Action_Dt”). For those accounts that were subsequently blocked (“Action_Reason”
was “Claims filter – FTB”), I then added the time until the occurrence of the unblock
(“Unblock_Dt”). The table below provides two examples to illustrate these calculations:112
CRD_ALIAS_ID Frd_Fltr_Frz_Dt
Action_Dt
Action_Reason Unblock_Dt
1647074904
12/17/20
2/10/21
Bank Validated
n/a
1672070500
12/7/20
3/18/21
Claims filter –
FTB
3/20/21
82.
Using the data in the table above, in the case of CardAliasID 1647074904, I
measured the total number of freeze days as February 10, 2021 minus December 17, 2020—55
days. In the case of CardAliasID 1672070500, I measured the total number of freeze days as
March 20, 2021 minus December 7, 2020—103 days. I repeated this calculation for all members
of the Account Freeze class.
111 1st Rogs, Revised Exhibit 3 (field entitled “Balance_at_Freeze” for the amount).
112 Id.
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Expert Report of Greg J. Regan, CPA/CFF, CFE
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b)
Cost of Delayed Benefit Payments
83.
If a cardholder’s account
.113 In that
event, the EDD Cardholder
.114 In total, the Bank
.115 The effect of
the delayed receipt of these subsequent benefit payments constituted a similar but additional
harm to the cardholders (i.e., the cardholder was forced to access alternative funds during this
time). For example, the CFPB’s analysis of unemployment insurance payments found that a 30-
day delay caused substantial hardship on consumers.116
.117
84.
The cost of delayed payments can be calculated using a common methodology for
all Account Freeze class members based on the amount of each class member’s bi-weekly
benefit payment and the length of the delayed receipt of their subsequent benefit payments. The
benefit payments received by each class member are ascertainable from the Bank’s records, as
well as data from the EDD, which I plan to consider in my methodology to calculate damages at
the time it becomes available. For present purposes, to illustrate my calculation,
113 Lennon Tr. at 257:23-258:5. I have not calculated this type of damage for those cardholder
accounts that were frozen for less than fifteen days.
114 Lennon Dep. Ex. 132 at -102563.
115 7th Rogs, No. 44 and Exhibit 14.
116 CFPB, Consumer Finances During the Pandemic at 32 (“Most consumers who received
unemployment benefits reported having to wait significant periods to get them…Nearly 42
percent of consumers had to wait four or more weeks…These delays appear to have caused
substantial hardship.”).
117 1st Rogs, No. 4-5 and Exhibit 3 thereto.
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Expert Report of Greg J. Regan, CPA/CFF, CFE
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.118 Accordingly,
.119
85.
The resulting total consequential damage amounts for proposed Account Freeze
class members are summarized in the table below:120
Account Freeze Class
Amount (10%)
Amount (20%)
Principal Amount
$46.2 million
$46.2 million
Cost of Inability to Access UI Funds
$0.6 million
$1.1 million
Cost of Delayed Benefit Payments
$1.0 million
$1.0 million
Total Actual Damages
$47.7 million
$48.3 million
86.
This calculation is conservative because it excludes additional harms to
consumers related to the lost use of frozen funds, such as the cost of late or overdraft fees.
3.
Disgorgement of Profits
87.
Disgorgement can also be calculated based on the Bank’s records. Plaintiffs and
the class seek disgorgement of profits that the Bank earned on the amounts frozen in their
accounts that the Bank withheld from Plaintiffs and the class based on Indicator 1 of its Claim
Fraud Filter. The methodology to calculate disgorgement is set forth in § II.B.5 above. The total
Float Revenue generated by the Bank attributable to the Average Collected Balance for Account
Freeze class members is approximately $20,000.121 The disgorged profits can be allocated either
per capita or pro rata among class members in proportion to the value of their actual damages.
118 Lennon Dep. Ex. 132 at -102563 n.29 (indicating
).
119 This calculation reflects
.
120 Schedule 1. The actual damages presented in this section are independent from the actual
damages described in §§ II.B and III.B.
121 Schedule 2.
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Expert Report of Greg J. Regan, CPA/CFF, CFE
Page | 40
V.
CUSTOMER SERVICE CLASS
A.
Identification of Customer Service Class Members
88.
The Customer Service class consists of members of the Claim Denial and/or
Credit Rescission class members who telephoned the Bank’s customer service phone number for
EDD cardholders at any time between September 13, 2020 and November 21, 2020, inclusive,
and whose telephone call was routed to the Bank’s Claims call center.
89.
I understand that the Bank has records, including call logs, which identify every
EDD Cardholder who called the Bank’s customer service phone number between these dates. I
also understand that it was the Bank’s general practice to route to the Bank’s Claims call center
all calls from EDD cardholders who informed the Main call center that they were calling either
(a) to submit an unauthorized transaction claim, (b) to inquire about or seek reconsideration of a
claim that the Bank had automatically denied based on the results of its Claim Fraud Filter, or (c)
to inquire about or seek reconsideration of the Bank’s rescission of previously issued permanent
credit based on the retroactive application of its Claim Fraud Filter.122 Accordingly, I was asked
to assume that the Customer Service class includes at minimum every Claim Denial and Credit
Rescission class member who submitted a claim (based on the “ClaimEntryDate” field) between
September 13, 2020 and November 21, 2020. Presently, there are around 15,600 CardAliasIDs
that meet that criterion.123 This number does not include EDD cardholders who may have called
between those dates to inquire about or seek reconsideration of a claim that the Bank denied or a
credit that the Bank rescinded based on the CFF; such cardholders would also be members of the
Customer Service class.
122 See 5th Rogs, No. 34.
123 As described above (n. 33), Revised Exhibit 1 does not
. The
absence of data in Revised Exhibit 1 for
.
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Expert Report of Greg J. Regan, CPA/CFF, CFE
Page | 41
90.
Accordingly, there are at minimum approximately 15,600 members of the
Customer Service class, and likely many more, whose identities can be ascertained from Bank
records.
B.
Calculations of Customer Service Class Damages
1.
Actual Damages
91.
I understand that an appropriate measure of damages for this class is
compensation for the value of class members’ lost time spent on hold with the Bank’s Claims
call center that was greater than the reasonable wait-on-hold time by industry standards.
Accordingly, actual damages for the Customer Service class can be calculated on a classwide
basis as follows.
92.
First, Plaintiffs’ call center expert, Mr. Jay Minnucci, has analyzed the Bank’s call
center data during the relevant times and compared the “Average Speed to Answer” (“ASA”) of
the Bank’s Claims call center against the industry average ASA, yielding an average excess hold
time of approximately
per call.124 Next, I understand that Plaintiffs’ call center expert
has expressed the opinion that the Bank’s records reflect how many times each class member
called and was transferred to the Claims call center during the relevant time period.
93.
These figures may be multiplied by the applicable minimum wage—or other
reasonable metric—to calculate the total value of class members’ lost time. For clarity,
California has a statewide minimum wage.125 A city or county may have a higher minimum wage
than the state’s rate.126 My methodology, however, would apply the then-current California
minimum wage as the basis to determine the value of proposed class members’ lost time. I
understand Plaintiffs’ labor economist expert David Levine will offer testimony that the
124 Expert Report of Jay Minnucci dated August 29, 2024 and Rebuttal Report of Jay Minnucci
dated November 21, 2024.
125 State of California, Minimum Wage Frequently Asked Questions, Department of Industrial
Relations, https://www.dir.ca.gov/dlse/faq_minimumwage.htm.
126 Id.
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Expert Report of Greg J. Regan, CPA/CFF, CFE
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applicable California minimum wage is a reasonable and conservative measure of the value of
class members’ lost time spent waiting on hold with the Bank’s Claims call center in excess of
industry standard wait times.
2.
Disgorgement of Profits
94.
Disgorgement can also be calculated based on the Bank’s records. Plaintiffs and
the class seek disgorgement of profits, in the form of avoided costs, that the Bank earned by
understaffing its Claims call center, which caused the excess wait times that the Customer
Service class members endured.127
95.
Plaintiffs’ call center expert has analyzed the Bank’s call center data and call
center staffing contracts during the relevant times and has calculated the additional expenditure
that would have been required for the Bank to staff its Claims call center from September 13,
2020 to November 21, 2020 in a manner sufficient to provide EDD cardholders an ASA and an
answer rate consistent with industry standards. I also understand that the percentage of total calls
offered to the Bank’s Claims call center that are attributable to EDD cardholders can be
reasonably estimated. The amount of profits to be disgorged to the Customer Service class can be
calculated by multiplying the total amount of cost savings to the Bank resulting from
understaffing its Claims call center from September 13, 2020 to November 21, 2020, and the
percent of total calls to the Claims call center during this period attributable to Customer Service
class members. I understand data to perform these calculations will be presented in an expert
report from Mr. Minnucci to be issued concurrent with this expert report.
96.
The disgorged profits can be allocated either per capita or pro rata among class
members in proportion to the value of their lost-time actual damages.
127 Expert Report of Jay Minnucci dated August 29, 2024.
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Expert Report of Greg J. Regan, CPA/CFF, CFE
Page | 43
VI.
EMV CHIP CLASS
97.
All EDD debit cards that the Bank issued prior to July 2021 were mag-stripe-only
cards that did not contain an EMV chip.128 I have been asked to assume that EMV chips would
have prevented the unauthorized ATM withdrawals that were the subject of Claim Denial and
Credit Rescission class members’ claims that triggered the Bank’s CFF Indicator 1, and provide
a methodology to calculate damages as described below.
A.
Identification of EMV Chip Class Members
98.
I was asked to assume that the EMV Chip class consists of all members of the
Claim Denial class and all members of the Credit Rescission class because those individuals had
mag-stripe-only EDD debit cards with no EMV chip at the time they reported the unauthorized
ATM withdrawal from their account. Consequently, there are approximately 109,700
CardAliasIDs in the EMV Chip class.129
B.
Calculations of EMV Chip Class Damages
1.
Actual Damages
99.
Actual damages for the EMV Chip class can be calculated on a classwide basis as
follows. The principal amount of damages equals the amount of funds that were taken from the
class member’s EDD debit card account through an unauthorized ATM transaction and/or an
unauthorized point-of-sale transaction, as reflected in the amount of the class member’s Claim
that the Bank denied based solely on Indicator 1 of its Claim Fraud Filter. These amounts are
identifiable in Bank records that have been produced to Plaintiffs in this litigation. Consequential
damages can be calculated using the same two methodology described above with respect to the
128 See Transcript of the Deposition of Bank’s Rule 30(b)(6) Designee William M. Martin
(Martin Tr.) at 65:4-14.
129 The method to identify Claim Denial class members is presented in § II.A and Credit
Rescission class members is presented in § 63 above. To the extent a determination is made that
additional transactions should be excluded from the EMV Chip class members’ damages, it
would be straightforward to do so, using the Bank’s own information identifying that sub-
category of claims.
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Expert Report of Greg J. Regan, CPA/CFF, CFE
Page | 44
Claim Denial class (see § II.B.2). For purposes of calculating consequential damages for the
EMV Chip class, the length of time EMV Chip class members were denied access to their funds
can be calculated from the date the Bank opened the claim until the date the Bank finally
reimbursed the class member for the value of the claim.
2.
CCPA Statutory Damages
100.
I understand statutory damages also apply for certain individuals based on the
amount of their actual damages.130 Specifically, if the individual has actual damages less than
$750, their statutory damages are $750. Individuals with actual damages equal to or exceeding
$750 will not be included in the calculation of statutory damages. These formulaic calculations
can be performed on a classwide basis using the Bank’s data.
3.
Disgorgement of Profits
101.
Disgorgement can also be calculated based on the Bank’s records. Plaintiffs and
the class seek disgorgement of profits, in the form of avoided costs, that the Bank earned by not
including EMV chips in its EDD debit cards prior to July 2021 (an estimated $0.39 per card as of
January 2020, according to Bank documents and testimony).131 The disgorged profits can be
allocated among the class members on a per capita basis.
* * *
* * *
Dated: March 4, 2025
____________________________
Greg J. Regan, CPA/CFF, CFE
130 See Cal. Civ. Code § 1798.150.
131 Martin Dep. Ex. 47 at -351839–40; Martin Tr. at 82:8-83:13.
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51912
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In re Bank of America California Unemployment Benefits Litigation
Schedule 1 - Calculation of Damages by CardAliasID
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
Claim Entry
Dte
Fraud Filter File
Date
Paid Date
Payment Net
Business Days
Claim Denial
Amount
Balance at
Freeze
Frd Fltr
Frz Dt
Action Dt
Action Reason
Unblock
Dt
0000000000079895732
210310300119
Claim Denial and Account Freeze
3/10/2021
3/11/2021
4/13/2021
25
$203
$0
3/11/2021
3/29/2021
Claims filter - FTB
3/31/21
0000000000079896938
210115301235
Claim Denial and Account Freeze
1/15/2021
1/19/2021
7/28/2021
139
$2,340
$0
1/19/2021
3/18/2021
Claims filter - FTB
7/20/21
0000000000079897124
210426300683
Claim Denial
4/26/2021
4/27/2021
5/24/2021
21
$3,003
$0
n/a
n/a
n/a
n/a
0000000000079897124
210429301307
Claim Denial
4/29/2021
4/30/2021
6/7/2021
28
$370
$0
0000000000079897277
200629302196
Credit Recission and Account Freeze
6/29/2020
10/2/2020
12/4/2022
635
$497
$13
9/28/2020
10/4/2020
Other
1/0/00
0000000000079897277
200914302783
Claim Denial
9/14/2020
10/2/2020
12/4/2022
580
$1,570
$13
9/28/2020
10/4/2020
Other
1/0/00
0000000000079897597
210408301468
Claim Denial
4/8/2021
4/9/2021
4/28/2021
15
$200
$0
n/a
n/a
n/a
n/a
0000000000079897632
210419302218
Claim Denial
4/19/2021
4/20/2021
5/3/2021
11
$980
$0
n/a
n/a
n/a
n/a
0000000000079897632
210420301179
Claim Denial
4/20/2021
4/21/2021
5/28/2021
29
$780
$0
0000000000079897777
210311300706
Claim Denial and Account Freeze
3/11/2021
3/12/2021
5/20/2021
51
$720
$2
3/12/2021
3/29/2021
Claims filter - FTB
4/1/21
0000000000079897781
210119300731
Claim Denial and Account Freeze
1/19/2021
1/20/2021
7/15/2021
128
$600
$28
1/20/2021
3/18/2021
Claims filter - FTB
3/22/21
0000000000079898409
210504301996
Claim Denial
5/4/2021
5/5/2021
5/28/2021
19
$640
$0
n/a
n/a
n/a
n/a
79898551
Claim Denial and Account Freeze
$2
9/28/2020
10/4/2020
Other
1/0/00
0000000000079899110
210208302469
Claim Denial and Account Freeze
2/8/2021
2/9/2021
4/2/2021
40
$740
$0
2/9/2021
3/18/2021
Claims filter - FTB
3/23/21
0000000000079900482
210518300293
Claim Denial
5/18/2021
5/19/2021
6/1/2021
11
$920
$0
n/a
n/a
n/a
n/a
0000000000079904094
201218300413
Claim Denial and Account Freeze
12/18/2020
12/21/2020
2/12/2021
41
$900
$5,749
12/21/2020
1/22/2021
State Validated
1/0/00
0000000000080072955
210301301494
Claim Denial and Account Freeze
3/1/2021
3/2/2021
4/13/2021
32
$660
$0
3/2/2021
3/29/2021
Claims filter - FTB
3/29/21
0000000000080073436
210130300738
Claim Denial and Account Freeze
1/30/2021
2/1/2021
2/23/2021
17
$1,000
$7
2/1/2021
2/17/2021
State Validated
1/0/00
0000000000080073842
210114302810
Claim Denial and Account Freeze
1/14/2021
1/15/2021
5/15/2021
87
$880
$4
1/15/2021
3/18/2021
Claims filter - FTB
3/22/21
0000000000080074685
210531300418
Claim Denial
5/31/2021
6/1/2021
6/18/2021
15
$740
$0
n/a
n/a
n/a
n/a
0000000000080075387
210126302284
Claim Denial and Account Freeze
1/26/2021
1/27/2021
4/22/2021
63
$980
$79
1/27/2021
3/18/2021
Claims filter - FTB
3/23/21
0000000000080075420
210325300757
Claim Denial
3/25/2021
3/26/2021
7/29/2022
352
$1,590
$0
n/a
n/a
n/a
n/a
0000000000080075631
210525302035
Claim Denial
5/25/2021
5/26/2021
7/9/2021
34
$900
$0
n/a
n/a
n/a
n/a
0000000000080075803
201110301880
Claim Denial and Account Freeze
11/10/2020
11/12/2020
5/6/2021
128
$890
$24
12/17/2020
3/18/2021
Claims filter - FTB
4/10/21
0000000000080075925
210322300040
Claim Denial
3/22/2021
3/23/2021
3/30/2021
7
$1,000
$0
n/a
n/a
n/a
n/a
0000000000080075978
210202301745
Claim Denial and Account Freeze
2/2/2021
2/3/2021
2/26/2021
19
$1,260
$417
2/3/2021
2/24/2021
State Validated
1/0/00
0000000000080075984
210408301645
Claim Denial
4/8/2021
4/9/2021
4/29/2021
16
$300
$0
n/a
n/a
n/a
n/a
0000000000080076656
210121301435
Claim Denial and Account Freeze
1/21/2021
1/22/2021
5/8/2021
77
$500
$1,960
1/22/2021
3/18/2021
Claims filter - FTB
4/20/21
80077395
Claim Denial and Account Freeze
$3
9/28/2020
10/4/2020
Other
1/0/00
0000000000080225626
210302301997
Claim Denial and Account Freeze
3/2/2021
3/3/2021
3/16/2021
11
$5,703
$12
3/3/2021
3/11/2021
State Validated
1/0/00
0000000000080225965
210510301935
Claim Denial
5/10/2021
5/11/2021
5/28/2021
15
$900
$0
n/a
n/a
n/a
n/a
0000000000080227216
210512300663
Claim Denial
5/12/2021
5/13/2021
6/1/2021
15
$1,380
$0
n/a
n/a
n/a
n/a
0000000000080227228
210510300307
Claim Denial
5/10/2021
5/11/2021
5/29/2021
15
$2,740
$0
n/a
n/a
n/a
n/a
0000000000080227348
210317301832
Claim Denial
3/17/2021
3/18/2021
4/6/2021
15
$900
$0
n/a
n/a
n/a
n/a
0000000000080227427
210528300775
Claim Denial
5/28/2021
6/1/2021
6/7/2021
7
$1,000
$0
n/a
n/a
n/a
n/a
0000000000080227527
210412302476
Claim Denial
4/12/2021
4/13/2021
5/26/2021
33
$923
$0
n/a
n/a
n/a
n/a
0000000000080227942
210224301858
Claim Denial and Account Freeze
2/24/2021
2/25/2021
5/1/2021
48
$903
$0
2/25/2021
4/1/2021
Claims filter - FTB
4/20/21
0000000000080228021
210510301807
Claim Denial
5/10/2021
5/11/2021
5/27/2021
14
$1,846
$0
n/a
n/a
n/a
n/a
0000000000080228067
210531301330
Claim Denial
5/31/2021
6/1/2021
6/17/2021
14
$480
$0
n/a
n/a
n/a
n/a
0000000000080228236
201130303641
Claim Denial and Account Freeze
11/30/2020
12/1/2020
9/18/2023
731
$1,364
$686
12/17/2020
3/18/2021
Claims filter - FTB
4/8/21
0000000000080228451
210531300740
Claim Denial
5/31/2021
6/1/2021
6/11/2021
10
$500
$0
n/a
n/a
n/a
n/a
0000000000080228678
201023301137
Claim Denial and Account Freeze
10/23/2020
10/28/2020
7/29/2021
200
$160
$0
12/17/2020
3/18/2021
Claims filter - FTB
7/21/21
0000000000080228691
210225302366
Claim Denial and Account Freeze
2/25/2021
2/26/2021
3/23/2021
19
$340
$1
2/26/2021
3/15/2021
State Validated
1/0/00
0000000000080392931
210601300603
Claim Denial
6/1/2021
6/2/2021
6/22/2021
16
$1,306
$0
n/a
n/a
n/a
n/a
0000000000080393057
200624301072
Credit Recission and Account Freeze
6/24/2020
10/2/2020
5/18/2021
235
$2,080
($717)
12/17/2020
2/10/2021
Bank Validated
1/0/00
0000000000080393057
201028300950
Claim Denial
10/28/2020
10/29/2020
5/18/2021
145
$2,574
($717)
12/17/2020
2/10/2021
Bank Validated
1/0/00
0000000000080393330
210526300284
Claim Denial
5/26/2021
5/27/2021
6/2/2021
6
$983
$0
n/a
n/a
n/a
n/a
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51913
Page 49 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 1 - Calculation of Damages by CardAliasID
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000079895732
210310300119
Claim Denial and Account Freeze
0000000000079896938
210115301235
Claim Denial and Account Freeze
0000000000079897124
210426300683
Claim Denial
0000000000079897124
210429301307
Claim Denial
0000000000079897277
200629302196
Credit Recission and Account Freeze
0000000000079897277
200914302783
Claim Denial
0000000000079897597
210408301468
Claim Denial
0000000000079897632
210419302218
Claim Denial
0000000000079897632
210420301179
Claim Denial
0000000000079897777
210311300706
Claim Denial and Account Freeze
0000000000079897781
210119300731
Claim Denial and Account Freeze
0000000000079898409
210504301996
Claim Denial
79898551
Claim Denial and Account Freeze
0000000000079899110
210208302469
Claim Denial and Account Freeze
0000000000079900482
210518300293
Claim Denial
0000000000079904094
201218300413
Claim Denial and Account Freeze
0000000000080072955
210301301494
Claim Denial and Account Freeze
0000000000080073436
210130300738
Claim Denial and Account Freeze
0000000000080073842
210114302810
Claim Denial and Account Freeze
0000000000080074685
210531300418
Claim Denial
0000000000080075387
210126302284
Claim Denial and Account Freeze
0000000000080075420
210325300757
Claim Denial
0000000000080075631
210525302035
Claim Denial
0000000000080075803
201110301880
Claim Denial and Account Freeze
0000000000080075925
210322300040
Claim Denial
0000000000080075978
210202301745
Claim Denial and Account Freeze
0000000000080075984
210408301645
Claim Denial
0000000000080076656
210121301435
Claim Denial and Account Freeze
80077395
Claim Denial and Account Freeze
0000000000080225626
210302301997
Claim Denial and Account Freeze
0000000000080225965
210510301935
Claim Denial
0000000000080227216
210512300663
Claim Denial
0000000000080227228
210510300307
Claim Denial
0000000000080227348
210317301832
Claim Denial
0000000000080227427
210528300775
Claim Denial
0000000000080227527
210412302476
Claim Denial
0000000000080227942
210224301858
Claim Denial and Account Freeze
0000000000080228021
210510301807
Claim Denial
0000000000080228067
210531301330
Claim Denial
0000000000080228236
201130303641
Claim Denial and Account Freeze
0000000000080228451
210531300740
Claim Denial
0000000000080228678
201023301137
Claim Denial and Account Freeze
0000000000080228691
210225302366
Claim Denial and Account Freeze
0000000000080392931
210601300603
Claim Denial
0000000000080393057
200624301072
Credit Recission and Account Freeze
0000000000080393057
201028300950
Claim Denial
0000000000080393330
210526300284
Claim Denial
Claim Denial
Total Days
Freeze / Block
Days
10% Interest - CD
10% Interest - AF
20% Interest - CD
20% Interest - AF
33
20
$2
$3
190
182
$119
$233
27
n/a
$21
$41
38
n/a
$4
$7
793
6
$114
$0
$242
$0
793
6
$361
$763
19
n/a
$1
$2
13
n/a
$3
$6
37
n/a
$8
$15
69
20
$13
$0
$25
$0
176
61
$28
$0
$55
$1
23
n/a
$4
$7
0
6
$0
$0
$0
$0
52
42
$10
$19
13
n/a
$3
$6
53
32
$13
$48
$24
$93
42
27
$7
$14
22
16
$6
$0
$11
$0
120
66
$28
$0
$54
$0
17
n/a
$3
$6
85
55
$22
$1
$43
$2
490
n/a
$217
$441
44
n/a
$10
$20
175
114
$42
$1
$81
$1
7
n/a
$2
$4
23
21
$8
$2
$15
$4
20
n/a
$2
$3
106
88
$14
$46
$27
$88
0
6
$0
$0
$0
$0
13
8
$19
$0
$37
$0
17
n/a
$4
$8
19
n/a
$7
$13
18
n/a
$13
$25
19
n/a
$4
$9
6
n/a
$2
$3
43
n/a
$10
$20
65
54
$15
$30
16
n/a
$8
$15
16
n/a
$2
$4
1,021
112
$417
$20
$907
$39
10
n/a
$1
$3
274
216
$12
$23
25
17
$2
$0
$4
$0
20
n/a
$7
$13
228
55
$128
$251
201
55
$139
$272
6
n/a
$2
$3
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51914
Page 50 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 1 - Calculation of Damages by CardAliasID
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000079895732
210310300119
Claim Denial and Account Freeze
0000000000079896938
210115301235
Claim Denial and Account Freeze
0000000000079897124
210426300683
Claim Denial
0000000000079897124
210429301307
Claim Denial
0000000000079897277
200629302196
Credit Recission and Account Freeze
0000000000079897277
200914302783
Claim Denial
0000000000079897597
210408301468
Claim Denial
0000000000079897632
210419302218
Claim Denial
0000000000079897632
210420301179
Claim Denial
0000000000079897777
210311300706
Claim Denial and Account Freeze
0000000000079897781
210119300731
Claim Denial and Account Freeze
0000000000079898409
210504301996
Claim Denial
79898551
Claim Denial and Account Freeze
0000000000079899110
210208302469
Claim Denial and Account Freeze
0000000000079900482
210518300293
Claim Denial
0000000000079904094
201218300413
Claim Denial and Account Freeze
0000000000080072955
210301301494
Claim Denial and Account Freeze
0000000000080073436
210130300738
Claim Denial and Account Freeze
0000000000080073842
210114302810
Claim Denial and Account Freeze
0000000000080074685
210531300418
Claim Denial
0000000000080075387
210126302284
Claim Denial and Account Freeze
0000000000080075420
210325300757
Claim Denial
0000000000080075631
210525302035
Claim Denial
0000000000080075803
201110301880
Claim Denial and Account Freeze
0000000000080075925
210322300040
Claim Denial
0000000000080075978
210202301745
Claim Denial and Account Freeze
0000000000080075984
210408301645
Claim Denial
0000000000080076656
210121301435
Claim Denial and Account Freeze
80077395
Claim Denial and Account Freeze
0000000000080225626
210302301997
Claim Denial and Account Freeze
0000000000080225965
210510301935
Claim Denial
0000000000080227216
210512300663
Claim Denial
0000000000080227228
210510300307
Claim Denial
0000000000080227348
210317301832
Claim Denial
0000000000080227427
210528300775
Claim Denial
0000000000080227527
210412302476
Claim Denial
0000000000080227942
210224301858
Claim Denial and Account Freeze
0000000000080228021
210510301807
Claim Denial
0000000000080228067
210531301330
Claim Denial
0000000000080228236
201130303641
Claim Denial and Account Freeze
0000000000080228451
210531300740
Claim Denial
0000000000080228678
201023301137
Claim Denial and Account Freeze
0000000000080228691
210225302366
Claim Denial and Account Freeze
0000000000080392931
210601300603
Claim Denial
0000000000080393057
200624301072
Credit Recission and Account Freeze
0000000000080393057
201028300950
Claim Denial
0000000000080393330
210526300284
Claim Denial
Benefit Payments
Total Damages
(10%)
Total Damages
(20%)
CCPA Statutory
Damages (10%)
CCPA Statutory
Damages (20%)
$0
$205
$206
$750
$750
$0
$2,459
$2,573
$0
$0
$0
$3,024
$3,044
$0
$0
$0
$374
$377
$750
$750
$0
$625
$753
$750
$0
$0
$1,931
$2,333
$0
$0
$0
$201
$202
$750
$750
$0
$983
$986
$0
$0
$0
$788
$795
$0
$0
$22
$757
$769
$0
$0
$22
$678
$706
$750
$750
$0
$644
$647
$750
$750
$0
$2
$2
$750
$750
$0
$750
$759
$0
$0
$0
$923
$926
$0
$0
$22
$6,731
$6,787
$0
$0
$0
$667
$674
$750
$750
$22
$1,035
$1,040
$0
$0
$22
$934
$960
$0
$0
$0
$743
$746
$750
$750
$22
$1,104
$1,125
$0
$0
$0
$1,807
$2,031
$0
$0
$0
$910
$920
$0
$0
$22
$978
$1,018
$0
$0
$0
$1,002
$1,004
$0
$0
$22
$1,709
$1,718
$0
$0
$0
$302
$303
$750
$750
$22
$2,542
$2,597
$0
$0
$0
$3
$3
$750
$750
$0
$5,735
$5,753
$0
$0
$0
$904
$908
$0
$0
$0
$1,387
$1,393
$0
$0
$0
$2,753
$2,765
$0
$0
$0
$904
$909
$0
$0
$0
$1,002
$1,003
$0
$0
$0
$933
$943
$0
$0
$0
$918
$933
$0
$0
$0
$1,854
$1,861
$0
$0
$0
$482
$484
$750
$750
$22
$2,509
$3,018
$0
$0
$0
$501
$503
$750
$750
$0
$172
$183
$750
$750
$22
$366
$368
$750
$750
$0
$1,313
$1,319
$0
$0
$0
$2,208
$2,331
$0
$0
$0
$2,713
$2,846
$0
$0
$0
$985
$986
$0
$0
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51915
Page 51 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 1 - Calculation of Damages by CardAliasID
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
Claim Entry
Dte
Fraud Filter File
Date
Paid Date
Payment Net
Business Days
Claim Denial
Amount
Balance at
Freeze
Frd Fltr
Frz Dt
Action Dt
Action Reason
Unblock
Dt
0000000000080394097
201102300799
Claim Denial and Account Freeze
11/2/2020
11/4/2020
10/11/2022
507
$1,000
$413
12/17/2020
3/18/2021
Claims filter - FTB
4/20/21
0000000000080394235
210225300131
Claim Denial and Account Freeze
2/25/2021
2/26/2021
5/1/2021
47
$190
$7
2/26/2021
3/29/2021
Claims filter - FTB
4/19/21
0000000000080394792
210427300780
Claim Denial
4/27/2021
4/28/2021
4/4/2023
506
$4,000
$0
n/a
n/a
n/a
n/a
0000000000080394852
201008301018
Claim Denial and Account Freeze
10/8/2020
10/9/2020
4/21/2021
140
$2,720
$32
12/17/2020
2/18/2021
State Validated
1/0/00
0000000000080394852
201031300329
Claim Denial and Account Freeze
10/31/2020
11/2/2020
4/23/2021
125
$320
$0
0000000000080395064
210222301899
Claim Denial and Account Freeze
2/22/2021
2/23/2021
5/19/2021
63
$1,090
$2
2/23/2021
4/1/2021
Claims filter - FTB
4/20/21
0000000000080395227
210316301550
Claim Denial and Account Freeze
3/16/2021
3/17/2021
5/10/2021
40
$1,003
$585
3/17/2021
3/29/2021
Claims filter - FTB
4/20/21
80396018
Claim Denial and Account Freeze
$4
12/17/2020
3/18/2021
Claims filter - FTB
4/20/21
0000000000080396057
201117301305
Claim Denial and Account Freeze
11/17/2020
11/18/2020
8/30/2021
205
$770
$4
12/17/2020
3/18/2021
Claims filter - FTB
8/15/21
0000000000080396710
201127302252
Claim Denial and Account Freeze
11/27/2020
11/30/2020
4/28/2021
109
$1,200
$592
12/17/2020
3/18/2021
Claims filter - FTB
4/5/21
0000000000080397252
210406300492
Claim Denial
4/6/2021
4/7/2021
10/12/2022
397
$1,000
$0
n/a
n/a
n/a
n/a
0000000000080397271
200821301419
Claim Denial and Account Freeze
8/21/2020
10/2/2020
9/29/2022
550
$1,000
$5
9/28/2020
10/4/2020
Other
1/0/00
0000000000080397694
210430300133
Claim Denial
4/30/2021
5/3/2021
5/26/2021
19
$1,360
$0
n/a
n/a
n/a
n/a
0000000000080572624
201012301042
Claim Denial and Account Freeze
10/12/2020
10/13/2020
5/16/2023
677
$240
$1
12/17/2020
1/20/2021
State Validated
1/0/00
0000000000080573040
200904300046
Credit Recission and Account Freeze
9/4/2020
10/2/2020
5/12/2021
179
$5,000
$2,366
9/28/2020
10/4/2020
Other
1/0/00
0000000000080573130
210412300280
Claim Denial
4/12/2021
4/13/2021
5/4/2021
17
$5,000
$0
n/a
n/a
n/a
n/a
0000000000080573229
201007302054
Claim Denial and Account Freeze
10/7/2020
10/8/2020
6/17/2021
182
$63
$8
12/17/2020
3/18/2021
Claims filter - FTB
4/1/21
0000000000080573383
201005300432
Claim Denial
10/5/2020
10/7/2020
7/8/2021
199
$480
$0
n/a
n/a
n/a
n/a
0000000000080573428
201103300290
Claim Denial and Account Freeze
11/3/2020
11/4/2020
6/16/2021
162
$240
$4
12/17/2020
3/18/2021
Claims filter - FTB
3/30/21
0000000000080573614
201005301611
Claim Denial
10/5/2020
10/7/2020
7/24/2021
210
$560
$0
n/a
n/a
n/a
n/a
0000000000080573824
200928302294
Claim Denial and Account Freeze
9/28/2020
9/30/2020
7/9/2021
205
$460
$5
10/1/2020
10/4/2020
Other
1/0/00
0000000000080574353
210303301564
Claim Denial and Account Freeze
3/3/2021
3/4/2021
6/10/2021
72
$500
$20
3/4/2021
3/29/2021
Claims filter - FTB
4/20/21
0000000000080574384
210111302764
Claim Denial and Account Freeze
1/11/2021
1/12/2021
2/12/2021
25
$1,512
$0
1/12/2021
1/22/2021
State Validated
1/0/00
0000000000080574565
210126302201
Claim Denial and Account Freeze
1/26/2021
1/27/2021
5/14/2021
79
$712
$31
1/27/2021
3/18/2021
Claims filter - FTB
4/21/21
0000000000080575559
210225300101
Claim Denial and Account Freeze
2/25/2021
2/26/2021
5/1/2021
47
$300
$102
2/26/2021
3/29/2021
Claims filter - FTB
4/20/21
0000000000080575733
210201301688
Claim Denial and Account Freeze
2/1/2021
2/2/2021
4/8/2021
49
$700
$0
2/2/2021
3/18/2021
Claims filter - FTB
3/26/21
0000000000080576200
210111300027
Claim Denial and Account Freeze
1/11/2021
1/12/2021
4/2/2021
60
$900
$5
1/12/2021
3/18/2021
Claims filter - FTB
3/26/21
0000000000080576282
210308302360
Claim Denial and Account Freeze
3/8/2021
3/9/2021
5/25/2021
57
$2,209
$1,007
3/9/2021
3/29/2021
Claims filter - FTB
4/10/21
0000000000080576606
210201301826
Claim Denial and Account Freeze
2/1/2021
2/2/2021
4/29/2021
64
$83
$19
2/2/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000080576828
201026300825
Claim Denial
10/26/2020
10/28/2020
12/30/2020
48
$323
$0
n/a
n/a
n/a
n/a
0000000000080577074
210301302750
Claim Denial
3/1/2021
3/2/2021
4/26/2021
41
$483
$1
3/2/2021
3/29/2021
Claims filter - FTB
1/0/00
0000000000080721413
200707300952
Credit Recission and Account Freeze
7/7/2020
10/2/2020
2/11/2021
158
$303
$973
9/28/2020
10/4/2020
Other
1/0/00
0000000000080724632
200718301010
Credit Recission and Account Freeze
7/18/2020
10/2/2020
6/18/2021
240
$1,418
($501)
12/17/2020
3/18/2021
Claims filter - FTB
3/23/21
0000000000080724636
210216300967
Claim Denial and Account Freeze
2/16/2021
2/17/2021
4/29/2021
53
$568
$0
2/17/2021
4/1/2021
Claims filter - FTB
4/20/21
0000000000080724959
210406300295
Claim Denial
4/6/2021
4/7/2021
4/28/2021
17
$704
$0
n/a
n/a
n/a
n/a
0000000000080724959
210408301520
Claim Denial
4/8/2021
4/9/2021
5/3/2021
18
$1,789
$0
0000000000080725112
200909303488
Claim Denial and Account Freeze
9/9/2020
10/2/2020
7/27/2021
230
$986
$1,846
9/28/2020
10/4/2020
Other
1/0/00
0000000000080725727
210202300518
Claim Denial and Account Freeze
2/2/2021
2/3/2021
3/1/2022
281
$860
$4
2/3/2021
3/18/2021
Claims filter - FTB
3/23/21
0000000000080726348
210105301862
Claim Denial and Account Freeze
1/5/2021
1/6/2021
4/27/2021
81
$950
$26
1/6/2021
3/18/2021
Claims filter - FTB
4/4/21
0000000000080726348
210410300826
Claim Denial and Account Freeze
4/10/2021
4/12/2021
7/8/2021
64
$553
$0
0000000000080726529
200921303144
Claim Denial and Account Freeze
9/21/2020
9/30/2020
9/27/2022
527
$300
$580
9/28/2020
10/4/2020
Other
1/0/00
0000000000080726569
210208300085
Claim Denial and Account Freeze
2/8/2021
2/9/2021
4/29/2021
59
$1,000
$567
2/9/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000080726826
210419300443
Claim Denial
4/19/2021
4/20/2021
5/10/2021
16
$972
$0
n/a
n/a
n/a
n/a
0000000000080726839
210226301863
Claim Denial and Account Freeze
2/26/2021
3/1/2021
5/5/2021
49
$260
$18
3/1/2021
3/29/2021
Claims filter - FTB
4/5/21
0000000000080727176
201218301963
Claim Denial and Account Freeze
12/18/2020
12/21/2020
5/7/2021
101
$140
$14
12/21/2020
3/18/2021
Claims filter - FTB
4/20/21
0000000000080727496
201103301714
Claim Denial
11/3/2020
11/4/2020
1/20/2021
57
$304
$0
n/a
n/a
n/a
n/a
0000000000080727606
210301302896
Claim Denial and Account Freeze
3/1/2021
3/2/2021
3/1/2022
262
$1,000
$421
3/2/2021
3/29/2021
Claims filter - FTB
4/12/21
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51916
Page 52 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 1 - Calculation of Damages by CardAliasID
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000080394097
201102300799
Claim Denial and Account Freeze
0000000000080394235
210225300131
Claim Denial and Account Freeze
0000000000080394792
210427300780
Claim Denial
0000000000080394852
201008301018
Claim Denial and Account Freeze
0000000000080394852
201031300329
Claim Denial and Account Freeze
0000000000080395064
210222301899
Claim Denial and Account Freeze
0000000000080395227
210316301550
Claim Denial and Account Freeze
80396018
Claim Denial and Account Freeze
0000000000080396057
201117301305
Claim Denial and Account Freeze
0000000000080396710
201127302252
Claim Denial and Account Freeze
0000000000080397252
210406300492
Claim Denial
0000000000080397271
200821301419
Claim Denial and Account Freeze
0000000000080397694
210430300133
Claim Denial
0000000000080572624
201012301042
Claim Denial and Account Freeze
0000000000080573040
200904300046
Credit Recission and Account Freeze
0000000000080573130
210412300280
Claim Denial
0000000000080573229
201007302054
Claim Denial and Account Freeze
0000000000080573383
201005300432
Claim Denial
0000000000080573428
201103300290
Claim Denial and Account Freeze
0000000000080573614
201005301611
Claim Denial
0000000000080573824
200928302294
Claim Denial and Account Freeze
0000000000080574353
210303301564
Claim Denial and Account Freeze
0000000000080574384
210111302764
Claim Denial and Account Freeze
0000000000080574565
210126302201
Claim Denial and Account Freeze
0000000000080575559
210225300101
Claim Denial and Account Freeze
0000000000080575733
210201301688
Claim Denial and Account Freeze
0000000000080576200
210111300027
Claim Denial and Account Freeze
0000000000080576282
210308302360
Claim Denial and Account Freeze
0000000000080576606
210201301826
Claim Denial and Account Freeze
0000000000080576828
201026300825
Claim Denial
0000000000080577074
210301302750
Claim Denial
0000000000080721413
200707300952
Credit Recission and Account Freeze
0000000000080724632
200718301010
Credit Recission and Account Freeze
0000000000080724636
210216300967
Claim Denial and Account Freeze
0000000000080724959
210406300295
Claim Denial
0000000000080724959
210408301520
Claim Denial
0000000000080725112
200909303488
Claim Denial and Account Freeze
0000000000080725727
210202300518
Claim Denial and Account Freeze
0000000000080726348
210105301862
Claim Denial and Account Freeze
0000000000080726348
210410300826
Claim Denial and Account Freeze
0000000000080726529
200921303144
Claim Denial and Account Freeze
0000000000080726569
210208300085
Claim Denial and Account Freeze
0000000000080726826
210419300443
Claim Denial
0000000000080726839
210226301863
Claim Denial and Account Freeze
0000000000080727176
201218301963
Claim Denial and Account Freeze
0000000000080727496
201103301714
Claim Denial
0000000000080727606
210301302896
Claim Denial and Account Freeze
Claim Denial
Total Days
Freeze / Block
Days
10% Interest - CD
10% Interest - AF
20% Interest - CD
20% Interest - AF
706
124
$202
$14
$423
$26
64
52
$3
$0
$6
$0
706
n/a
$810
$1,691
194
63
$141
$1
$277
$1
172
n/a
$15
$29
85
56
$24
$0
$47
$0
54
34
$14
$5
$27
$10
0
124
$0
$0
$0
$0
285
241
$59
$0
$118
$1
149
109
$48
$17
$93
$33
553
n/a
$155
$318
727
6
$209
$0
$438
$0
23
n/a
$8
$16
945
34
$67
$0
$145
$0
222
6
$298
$4
$586
$7
21
n/a
$27
$53
252
105
$4
$0
$8
$0
274
n/a
$36
$70
224
103
$14
$0
$28
$0
290
n/a
$44
$87
282
3
$35
$0
$70
$0
98
47
$13
$0
$25
$0
31
10
$12
$24
107
84
$20
$1
$39
$1
64
53
$5
$1
$10
$3
65
52
$12
$23
80
73
$19
$0
$37
$0
77
32
$45
$8
$87
$16
86
77
$2
$0
$4
$1
63
n/a
$5
$10
55
27
$7
$13
132
6
$11
$2
$21
$3
259
96
$99
$196
71
62
$11
$21
21
n/a
$4
$7
24
n/a
$11
$22
298
6
$80
$3
$158
$6
391
48
$92
$0
$185
$0
111
88
$28
$1
$54
$1
87
n/a
$13
$25
727
6
$63
$1
$131
$2
79
70
$21
$10
$40
$20
20
n/a
$5
$10
65
35
$4
$0
$9
$0
137
120
$5
$0
$10
$1
77
n/a
$6
$12
364
41
$100
$5
$199
$9
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51917
Page 53 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 1 - Calculation of Damages by CardAliasID
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000080394097
201102300799
Claim Denial and Account Freeze
0000000000080394235
210225300131
Claim Denial and Account Freeze
0000000000080394792
210427300780
Claim Denial
0000000000080394852
201008301018
Claim Denial and Account Freeze
0000000000080394852
201031300329
Claim Denial and Account Freeze
0000000000080395064
210222301899
Claim Denial and Account Freeze
0000000000080395227
210316301550
Claim Denial and Account Freeze
80396018
Claim Denial and Account Freeze
0000000000080396057
201117301305
Claim Denial and Account Freeze
0000000000080396710
201127302252
Claim Denial and Account Freeze
0000000000080397252
210406300492
Claim Denial
0000000000080397271
200821301419
Claim Denial and Account Freeze
0000000000080397694
210430300133
Claim Denial
0000000000080572624
201012301042
Claim Denial and Account Freeze
0000000000080573040
200904300046
Credit Recission and Account Freeze
0000000000080573130
210412300280
Claim Denial
0000000000080573229
201007302054
Claim Denial and Account Freeze
0000000000080573383
201005300432
Claim Denial
0000000000080573428
201103300290
Claim Denial and Account Freeze
0000000000080573614
201005301611
Claim Denial
0000000000080573824
200928302294
Claim Denial and Account Freeze
0000000000080574353
210303301564
Claim Denial and Account Freeze
0000000000080574384
210111302764
Claim Denial and Account Freeze
0000000000080574565
210126302201
Claim Denial and Account Freeze
0000000000080575559
210225300101
Claim Denial and Account Freeze
0000000000080575733
210201301688
Claim Denial and Account Freeze
0000000000080576200
210111300027
Claim Denial and Account Freeze
0000000000080576282
210308302360
Claim Denial and Account Freeze
0000000000080576606
210201301826
Claim Denial and Account Freeze
0000000000080576828
201026300825
Claim Denial
0000000000080577074
210301302750
Claim Denial
0000000000080721413
200707300952
Credit Recission and Account Freeze
0000000000080724632
200718301010
Credit Recission and Account Freeze
0000000000080724636
210216300967
Claim Denial and Account Freeze
0000000000080724959
210406300295
Claim Denial
0000000000080724959
210408301520
Claim Denial
0000000000080725112
200909303488
Claim Denial and Account Freeze
0000000000080725727
210202300518
Claim Denial and Account Freeze
0000000000080726348
210105301862
Claim Denial and Account Freeze
0000000000080726348
210410300826
Claim Denial and Account Freeze
0000000000080726529
200921303144
Claim Denial and Account Freeze
0000000000080726569
210208300085
Claim Denial and Account Freeze
0000000000080726826
210419300443
Claim Denial
0000000000080726839
210226301863
Claim Denial and Account Freeze
0000000000080727176
201218301963
Claim Denial and Account Freeze
0000000000080727496
201103301714
Claim Denial
0000000000080727606
210301302896
Claim Denial and Account Freeze
Benefit Payments
Total Damages
(10%)
Total Damages
(20%)
CCPA Statutory
Damages (10%)
CCPA Statutory
Damages (20%)
$22
$1,651
$1,884
$0
$0
$22
$222
$225
$750
$750
$0
$4,810
$5,691
$0
$0
$22
$2,916
$3,052
$0
$0
$0
$335
$349
$750
$750
$22
$1,138
$1,161
$0
$0
$22
$1,629
$1,647
$0
$0
$22
$26
$26
$750
$750
$22
$856
$915
$0
$0
$22
$1,879
$1,940
$0
$0
$0
$1,155
$1,318
$0
$0
$0
$1,214
$1,443
$0
$0
$0
$1,368
$1,376
$0
$0
$22
$330
$408
$750
$750
$0
$7,668
$7,960
$0
$0
$0
$5,027
$5,053
$0
$0
$22
$97
$102
$750
$750
$0
$516
$550
$750
$750
$22
$280
$294
$750
$750
$0
$604
$647
$750
$750
$0
$500
$534
$750
$750
$22
$555
$567
$750
$750
$0
$1,524
$1,535
$0
$0
$22
$786
$806
$0
$0
$22
$430
$436
$750
$750
$0
$712
$723
$750
$750
$22
$946
$964
$0
$0
$22
$3,291
$3,341
$0
$0
$22
$127
$129
$750
$750
$0
$328
$333
$750
$750
$22
$490
$496
$750
$750
$0
$1,288
$1,299
$0
$0
$0
$1,517
$1,614
$0
$0
$0
$579
$588
$750
$750
$0
$707
$711
$750
$750
$0
$1,800
$1,811
$0
$0
$0
$2,915
$2,996
$0
$0
$22
$978
$1,071
$0
$0
$22
$1,026
$1,053
$0
$0
$0
$566
$578
$750
$750
$0
$943
$1,013
$0
$0
$22
$1,621
$1,650
$0
$0
$0
$977
$982
$0
$0
$22
$305
$309
$750
$750
$22
$181
$186
$750
$750
$0
$310
$315
$750
$750
$22
$1,547
$1,651
$0
$0
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51918
Page 54 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 1 - Calculation of Damages by CardAliasID
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
Claim Entry
Dte
Fraud Filter File
Date
Paid Date
Payment Net
Business Days
Claim Denial
Amount
Balance at
Freeze
Frd Fltr
Frz Dt
Action Dt
Action Reason
Unblock
Dt
0000000000080728704
210518302117
Claim Denial
5/18/2021
5/19/2021
6/18/2021
24
$724
$0
n/a
n/a
n/a
n/a
0000000000080728730
210222300323
Claim Denial and Account Freeze
2/22/2021
2/23/2021
3/12/2021
15
$1,000
$2,588
2/23/2021
3/8/2021
State Validated
1/0/00
0000000000080728867
201026301626
Claim Denial and Account Freeze
10/26/2020
10/28/2020
6/15/2021
167
$1,000
$0
12/17/2020
3/18/2021
Claims filter - FTB
4/11/21
0000000000081142363
210528300443
Claim Denial
5/28/2021
6/1/2021
6/17/2021
15
$1,500
$0
n/a
n/a
n/a
n/a
0000000000081142441
210410300630
Claim Denial
4/10/2021
4/12/2021
4/29/2021
14
$740
$0
n/a
n/a
n/a
n/a
0000000000081142770
210318300375
Claim Denial
3/18/2021
3/19/2021
4/6/2021
14
$603
$0
n/a
n/a
n/a
n/a
0000000000081144611
210315301361
Claim Denial and Account Freeze
3/15/2021
3/16/2021
4/27/2021
32
$280
$239
3/16/2021
3/29/2021
Claims filter - FTB
4/2/21
0000000000081144901
200929302919
Claim Denial
9/29/2020
9/30/2020
2/17/2021
102
$1,123
$0
n/a
n/a
n/a
n/a
0000000000081145364
210405300973
Claim Denial
4/6/2021
4/7/2021
4/28/2021
17
$1,000
$0
n/a
n/a
n/a
n/a
0000000000081145364
210527301465
Claim Denial
5/27/2021
5/28/2021
6/9/2021
10
$1,900
$0
0000000000081145555
210420300319
Claim Denial
4/20/2021
4/21/2021
5/10/2021
15
$400
$0
n/a
n/a
n/a
n/a
0000000000081146858
210126302118
Claim Denial and Account Freeze
1/26/2021
1/27/2021
5/24/2021
85
$1,206
$196
1/27/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000081146881
210312301411
Claim Denial and Account Freeze
3/12/2021
3/15/2021
6/16/2021
69
$367
$13
3/15/2021
3/29/2021
Claims filter - FTB
4/19/21
0000000000081426850
200929300687
Claim Denial
9/29/2020
9/30/2020
12/24/2020
63
$303
$0
n/a
n/a
n/a
n/a
0000000000081427694
201110300972
Claim Denial and Account Freeze
11/10/2020
11/12/2020
6/15/2021
156
$460
$242
12/17/2020
3/18/2021
Claims filter - FTB
5/4/21
0000000000081428273
210315302117
Claim Denial and Account Freeze
3/15/2021
3/16/2021
5/12/2021
43
$460
$7
3/16/2021
3/29/2021
Claims filter - FTB
4/6/21
0000000000081428677
210419301669
Claim Denial
4/19/2021
4/20/2021
7/28/2021
73
$480
$0
n/a
n/a
n/a
n/a
0000000000081429152
200919300157
Claim Denial and Account Freeze
9/19/2020
10/2/2020
1/26/2023
614
$1,226
$24,141
9/28/2020
10/4/2020
Other
1/0/00
0000000000081430082
210504300417
Claim Denial
5/4/2021
5/5/2021
5/28/2021
19
$620
$0
n/a
n/a
n/a
n/a
0000000000081430125
210128300559
Claim Denial and Account Freeze
1/28/2021
1/29/2021
5/8/2021
72
$500
$0
1/29/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000081430272
210322302186
Claim Denial
3/22/2021
3/23/2021
4/8/2021
14
$129
$0
n/a
n/a
n/a
n/a
0000000000081430711
210601300889
Claim Denial
6/1/2021
6/2/2021
7/24/2021
39
$3,000
$0
n/a
n/a
n/a
n/a
0000000000081430964
210113301658
Claim Denial and Account Freeze
1/13/2021
1/14/2021
4/2/2021
58
$600
$3
1/14/2021
3/18/2021
Claims filter - FTB
4/9/21
0000000000081431829
210112302540
Claim Denial and Account Freeze
1/12/2021
1/13/2021
4/28/2021
77
$380
$20
1/13/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000081694008
210122302098
Claim Denial and Account Freeze
1/22/2021
1/25/2021
4/28/2021
69
$340
$15
1/25/2021
3/18/2021
Claims filter - FTB
3/28/21
0000000000081694742
210408301973
Claim Denial
4/8/2021
4/9/2021
5/29/2021
37
$760
$0
n/a
n/a
n/a
n/a
0000000000081695484
201006300660
Claim Denial and Account Freeze
10/6/2020
10/7/2020
12/31/2020
63
$603
$22
12/17/2020 12/31/2020
Hardship
1/0/00
0000000000081696197
210601301860
Claim Denial
6/1/2021
6/2/2021
6/22/2021
16
$206
$0
n/a
n/a
n/a
n/a
0000000000081696372
210224301307
Claim Denial and Account Freeze
2/24/2021
2/25/2021
5/1/2021
48
$900
$35
2/25/2021
4/1/2021
Claims filter - FTB
4/20/21
0000000000081696788
210130300302
Claim Denial and Account Freeze
1/30/2021
2/1/2021
3/9/2021
27
$44
$5
2/1/2021
2/9/2021
State Validated
1/0/00
0000000000081697320
200706300858
Credit Recission and Account Freeze
7/6/2020
10/2/2020
12/10/2020
114
$1,900
$2,412
9/28/2020
10/4/2020
Other
1/0/00
0000000000081697593
210414300088
Claim Denial
4/14/2021
4/15/2021
5/5/2021
16
$1,003
$0
n/a
n/a
n/a
n/a
0000000000081697636
201116301364
Claim Denial
11/16/2020
11/17/2020
1/25/2021
51
$993
$0
n/a
n/a
n/a
n/a
0000000000081698140
210127301615
Claim Denial and Account Freeze
1/27/2021
1/28/2021
2/17/2021
16
$983
$2,528
1/28/2021
2/9/2021
State Validated
1/0/00
0000000000081698410
210430300150
Claim Denial
4/30/2021
5/3/2021
6/18/2021
36
$1,003
$0
n/a
n/a
n/a
n/a
0000000000081698446
201121301486
Claim Denial and Account Freeze
11/21/2020
11/23/2020
2/4/2021
54
$263
$15
12/17/2020
2/10/2021
Bank Validated
1/0/00
0000000000081939697
201230303633
Claim Denial and Account Freeze
12/30/2020
12/31/2020
2/11/2021
32
$440
$82
12/31/2020
1/12/2021
State Validated
1/0/00
0000000000081940268
210417300091
Claim Denial
4/17/2021
4/19/2021
5/19/2021
23
$1,080
$0
n/a
n/a
n/a
n/a
0000000000081940323
210303300795
Claim Denial and Account Freeze
3/3/2021
3/4/2021
5/25/2021
60
$1,000
$217
3/4/2021
3/29/2021
Claims filter - FTB
4/6/21
0000000000081941495
210525300288
Claim Denial
5/25/2021
5/26/2021
6/23/2021
22
$1,604
$0
n/a
n/a
n/a
n/a
0000000000081941537
210210302447
Claim Denial and Account Freeze
2/10/2021
2/11/2021
6/8/2021
85
$940
$1,160
2/11/2021
3/18/2021
Claims filter - FTB
3/21/21
0000000000081941682
210323300347
Claim Denial
3/23/2021
3/24/2021
4/8/2021
13
$180
$0
n/a
n/a
n/a
n/a
0000000000081942093
210211301677
Claim Denial and Account Freeze
2/11/2021
2/12/2021
6/14/2021
88
$1,500
$4
2/12/2021
3/18/2021
Claims filter - FTB
5/11/21
81942351
Claim Denial and Account Freeze
$5
9/28/2020
10/4/2020
Other
1/0/00
0000000000081943057
210308302323
Claim Denial and Account Freeze
3/8/2021
3/9/2021
5/28/2021
60
$920
$0
3/9/2021
3/29/2021
Claims filter - FTB
3/30/21
0000000000081943060
210428301052
Claim Denial
4/28/2021
4/29/2021
5/24/2021
19
$2,600
$0
n/a
n/a
n/a
n/a
0000000000081943083
201204300552
Claim Denial and Account Freeze
12/4/2020
12/7/2020
5/6/2021
110
$160
$4
12/7/2020
3/18/2021
Claims filter - FTB
4/20/21
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51919
Page 55 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 1 - Calculation of Damages by CardAliasID
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000080728704
210518302117
Claim Denial
0000000000080728730
210222300323
Claim Denial and Account Freeze
0000000000080728867
201026301626
Claim Denial and Account Freeze
0000000000081142363
210528300443
Claim Denial
0000000000081142441
210410300630
Claim Denial
0000000000081142770
210318300375
Claim Denial
0000000000081144611
210315301361
Claim Denial and Account Freeze
0000000000081144901
200929302919
Claim Denial
0000000000081145364
210405300973
Claim Denial
0000000000081145364
210527301465
Claim Denial
0000000000081145555
210420300319
Claim Denial
0000000000081146858
210126302118
Claim Denial and Account Freeze
0000000000081146881
210312301411
Claim Denial and Account Freeze
0000000000081426850
200929300687
Claim Denial
0000000000081427694
201110300972
Claim Denial and Account Freeze
0000000000081428273
210315302117
Claim Denial and Account Freeze
0000000000081428677
210419301669
Claim Denial
0000000000081429152
200919300157
Claim Denial and Account Freeze
0000000000081430082
210504300417
Claim Denial
0000000000081430125
210128300559
Claim Denial and Account Freeze
0000000000081430272
210322302186
Claim Denial
0000000000081430711
210601300889
Claim Denial
0000000000081430964
210113301658
Claim Denial and Account Freeze
0000000000081431829
210112302540
Claim Denial and Account Freeze
0000000000081694008
210122302098
Claim Denial and Account Freeze
0000000000081694742
210408301973
Claim Denial
0000000000081695484
201006300660
Claim Denial and Account Freeze
0000000000081696197
210601301860
Claim Denial
0000000000081696372
210224301307
Claim Denial and Account Freeze
0000000000081696788
210130300302
Claim Denial and Account Freeze
0000000000081697320
200706300858
Credit Recission and Account Freeze
0000000000081697593
210414300088
Claim Denial
0000000000081697636
201116301364
Claim Denial
0000000000081698140
210127301615
Claim Denial and Account Freeze
0000000000081698410
210430300150
Claim Denial
0000000000081698446
201121301486
Claim Denial and Account Freeze
0000000000081939697
201230303633
Claim Denial and Account Freeze
0000000000081940268
210417300091
Claim Denial
0000000000081940323
210303300795
Claim Denial and Account Freeze
0000000000081941495
210525300288
Claim Denial
0000000000081941537
210210302447
Claim Denial and Account Freeze
0000000000081941682
210323300347
Claim Denial
0000000000081942093
210211301677
Claim Denial and Account Freeze
81942351
Claim Denial and Account Freeze
0000000000081943057
210308302323
Claim Denial and Account Freeze
0000000000081943060
210428301052
Claim Denial
0000000000081943083
201204300552
Claim Denial and Account Freeze
Claim Denial
Total Days
Freeze / Block
Days
10% Interest - CD
10% Interest - AF
20% Interest - CD
20% Interest - AF
30
n/a
$6
$11
17
13
$4
$9
$9
$17
230
115
$62
$0
$122
$0
16
n/a
$6
$12
17
n/a
$3
$6
18
n/a
$3
$5
42
17
$3
$1
$6
$2
140
n/a
$42
$81
21
n/a
$5
$11
12
n/a
$6
$11
19
n/a
$2
$4
117
83
$37
$4
$73
$8
93
35
$9
$0
$17
$0
85
n/a
$7
$13
215
138
$27
$9
$52
$17
57
21
$7
$0
$13
$0
99
n/a
$13
$24
846
6
$303
$38
$645
$72
23
n/a
$4
$7
99
81
$13
$25
16
n/a
$1
$1
52
n/a
$41
$79
78
85
$12
$0
$24
$0
105
97
$11
$1
$20
$1
93
62
$8
$0
$16
$0
50
n/a
$10
$19
85
14
$14
$0
$26
$0
20
n/a
$1
$2
65
54
$15
$0
$30
$1
36
8
$0
$0
$1
$0
69
6
$35
$4
$67
$7
20
n/a
$5
$10
69
n/a
$18
$35
20
12
$5
$8
$10
$15
46
n/a
$12
$23
73
55
$5
$0
$10
$0
42
12
$5
$0
$9
$0
30
n/a
$8
$16
82
33
$22
$2
$42
$4
28
n/a
$12
$23
117
38
$29
$12
$57
$22
15
n/a
$1
$1
122
88
$49
$0
$94
$0
0
6
$0
$0
$0
$0
80
21
$19
$38
25
n/a
$17
$33
150
134
$6
$0
$12
$0
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51920
Page 56 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 1 - Calculation of Damages by CardAliasID
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000080728704
210518302117
Claim Denial
0000000000080728730
210222300323
Claim Denial and Account Freeze
0000000000080728867
201026301626
Claim Denial and Account Freeze
0000000000081142363
210528300443
Claim Denial
0000000000081142441
210410300630
Claim Denial
0000000000081142770
210318300375
Claim Denial
0000000000081144611
210315301361
Claim Denial and Account Freeze
0000000000081144901
200929302919
Claim Denial
0000000000081145364
210405300973
Claim Denial
0000000000081145364
210527301465
Claim Denial
0000000000081145555
210420300319
Claim Denial
0000000000081146858
210126302118
Claim Denial and Account Freeze
0000000000081146881
210312301411
Claim Denial and Account Freeze
0000000000081426850
200929300687
Claim Denial
0000000000081427694
201110300972
Claim Denial and Account Freeze
0000000000081428273
210315302117
Claim Denial and Account Freeze
0000000000081428677
210419301669
Claim Denial
0000000000081429152
200919300157
Claim Denial and Account Freeze
0000000000081430082
210504300417
Claim Denial
0000000000081430125
210128300559
Claim Denial and Account Freeze
0000000000081430272
210322302186
Claim Denial
0000000000081430711
210601300889
Claim Denial
0000000000081430964
210113301658
Claim Denial and Account Freeze
0000000000081431829
210112302540
Claim Denial and Account Freeze
0000000000081694008
210122302098
Claim Denial and Account Freeze
0000000000081694742
210408301973
Claim Denial
0000000000081695484
201006300660
Claim Denial and Account Freeze
0000000000081696197
210601301860
Claim Denial
0000000000081696372
210224301307
Claim Denial and Account Freeze
0000000000081696788
210130300302
Claim Denial and Account Freeze
0000000000081697320
200706300858
Credit Recission and Account Freeze
0000000000081697593
210414300088
Claim Denial
0000000000081697636
201116301364
Claim Denial
0000000000081698140
210127301615
Claim Denial and Account Freeze
0000000000081698410
210430300150
Claim Denial
0000000000081698446
201121301486
Claim Denial and Account Freeze
0000000000081939697
201230303633
Claim Denial and Account Freeze
0000000000081940268
210417300091
Claim Denial
0000000000081940323
210303300795
Claim Denial and Account Freeze
0000000000081941495
210525300288
Claim Denial
0000000000081941537
210210302447
Claim Denial and Account Freeze
0000000000081941682
210323300347
Claim Denial
0000000000081942093
210211301677
Claim Denial and Account Freeze
81942351
Claim Denial and Account Freeze
0000000000081943057
210308302323
Claim Denial and Account Freeze
0000000000081943060
210428301052
Claim Denial
0000000000081943083
201204300552
Claim Denial and Account Freeze
Benefit Payments
Total Damages
(10%)
Total Damages
(20%)
CCPA Statutory
Damages (10%)
CCPA Statutory
Damages (20%)
$0
$729
$734
$750
$750
$0
$3,601
$3,613
$0
$0
$22
$1,084
$1,144
$0
$0
$0
$1,506
$1,512
$0
$0
$0
$743
$746
$750
$750
$0
$606
$608
$750
$750
$22
$545
$549
$750
$750
$0
$1,165
$1,204
$0
$0
$0
$1,005
$1,011
$0
$0
$0
$1,906
$1,911
$0
$0
$0
$402
$404
$750
$750
$22
$1,466
$1,506
$0
$0
$22
$411
$420
$750
$750
$0
$310
$316
$750
$750
$22
$760
$794
$0
$0
$22
$496
$502
$750
$750
$0
$493
$504
$750
$750
$0
$25,708
$26,084
$0
$0
$0
$624
$627
$750
$750
$0
$513
$525
$750
$750
$0
$130
$130
$750
$750
$0
$3,041
$3,079
$0
$0
$22
$637
$649
$750
$750
$22
$433
$443
$750
$750
$22
$386
$394
$750
$750
$0
$770
$779
$0
$0
$0
$639
$651
$750
$750
$0
$207
$208
$750
$750
$22
$973
$987
$0
$0
$0
$49
$49
$750
$750
$0
$4,350
$4,385
$0
$0
$0
$1,008
$1,013
$0
$0
$0
$1,011
$1,028
$0
$0
$0
$3,524
$3,536
$0
$0
$0
$1,015
$1,026
$0
$0
$22
$305
$310
$750
$750
$0
$527
$532
$750
$750
$0
$1,088
$1,096
$0
$0
$22
$1,262
$1,284
$0
$0
$0
$1,615
$1,626
$0
$0
$22
$2,163
$2,201
$0
$0
$0
$181
$181
$750
$750
$22
$1,574
$1,620
$0
$0
$0
$5
$5
$750
$750
$0
$939
$958
$0
$0
$0
$2,617
$2,633
$0
$0
$22
$193
$199
$750
$750
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51921
Page 57 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 2 - Disgorgement
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
Claim Entry
Dte
Fraud Filter File
Date
Paid Date
Claim Denial
Amount
Balance at
Freeze
Frd Fltr Frz
Dt
Action Dt
Action Reason
Unblock Dt
0000000000079895732
210310300119
Claim Denial and Account Freeze
3/10/2021
3/11/2021
4/13/2021
$203
$0
3/11/2021
3/29/2021
Claims filter - FTB
3/31/21
0000000000079896938
210115301235
Claim Denial and Account Freeze
1/15/2021
1/19/2021
7/28/2021
$2,340
$0
1/19/2021
3/18/2021
Claims filter - FTB
7/20/21
0000000000079897124
210426300683
Claim Denial
4/26/2021
4/27/2021
5/24/2021
$3,003
$0
n/a
n/a
n/a
n/a
0000000000079897124
210429301307
Claim Denial
4/29/2021
4/30/2021
6/7/2021
$370
$0
0000000000079897277
200629302196
Credit Recission and Account Freeze
6/29/2020
10/2/2020
12/4/2022
$497
$13
9/28/2020
10/4/2020
Other
1/0/00
0000000000079897277
200914302783
Claim Denial
9/14/2020
10/2/2020
12/4/2022
$1,570
$13
9/28/2020
10/4/2020
Other
1/0/00
0000000000079897597
210408301468
Claim Denial
4/8/2021
4/9/2021
4/28/2021
$200
$0
n/a
n/a
n/a
n/a
0000000000079897632
210419302218
Claim Denial
4/19/2021
4/20/2021
5/3/2021
$980
$0
n/a
n/a
n/a
n/a
0000000000079897632
210420301179
Claim Denial
4/20/2021
4/21/2021
5/28/2021
$780
$0
0000000000079897777
210311300706
Claim Denial and Account Freeze
3/11/2021
3/12/2021
5/20/2021
$720
$2
3/12/2021
3/29/2021
Claims filter - FTB
4/1/21
0000000000079897781
210119300731
Claim Denial and Account Freeze
1/19/2021
1/20/2021
7/15/2021
$600
$28
1/20/2021
3/18/2021
Claims filter - FTB
3/22/21
0000000000079898409
210504301996
Claim Denial
5/4/2021
5/5/2021
5/28/2021
$640
$0
n/a
n/a
n/a
n/a
79898551
Claim Denial and Account Freeze
$2
9/28/2020
10/4/2020
Other
1/0/00
0000000000079899110
210208302469
Claim Denial and Account Freeze
2/8/2021
2/9/2021
4/2/2021
$740
$0
2/9/2021
3/18/2021
Claims filter - FTB
3/23/21
0000000000079900482
210518300293
Claim Denial
5/18/2021
5/19/2021
6/1/2021
$920
$0
n/a
n/a
n/a
n/a
0000000000079904094
201218300413
Claim Denial and Account Freeze
12/18/2020
12/21/2020
2/12/2021
$900
$5,749
12/21/2020
1/22/2021
State Validated
1/0/00
0000000000080072955
210301301494
Claim Denial and Account Freeze
3/1/2021
3/2/2021
4/13/2021
$660
$0
3/2/2021
3/29/2021
Claims filter - FTB
3/29/21
0000000000080073436
210130300738
Claim Denial and Account Freeze
1/30/2021
2/1/2021
2/23/2021
$1,000
$7
2/1/2021
2/17/2021
State Validated
1/0/00
0000000000080073842
210114302810
Claim Denial and Account Freeze
1/14/2021
1/15/2021
5/15/2021
$880
$4
1/15/2021
3/18/2021
Claims filter - FTB
3/22/21
0000000000080074685
210531300418
Claim Denial
5/31/2021
6/1/2021
6/18/2021
$740
$0
n/a
n/a
n/a
n/a
0000000000080075387
210126302284
Claim Denial and Account Freeze
1/26/2021
1/27/2021
4/22/2021
$980
$79
1/27/2021
3/18/2021
Claims filter - FTB
3/23/21
0000000000080075420
210325300757
Claim Denial
3/25/2021
3/26/2021
7/29/2022
$1,590
$0
n/a
n/a
n/a
n/a
0000000000080075631
210525302035
Claim Denial
5/25/2021
5/26/2021
7/9/2021
$900
$0
n/a
n/a
n/a
n/a
0000000000080075803
201110301880
Claim Denial and Account Freeze
11/10/2020
11/12/2020
5/6/2021
$890
$24
12/17/2020
3/18/2021
Claims filter - FTB
4/10/21
0000000000080075925
210322300040
Claim Denial
3/22/2021
3/23/2021
3/30/2021
$1,000
$0
n/a
n/a
n/a
n/a
0000000000080075978
210202301745
Claim Denial and Account Freeze
2/2/2021
2/3/2021
2/26/2021
$1,260
$417
2/3/2021
2/24/2021
State Validated
1/0/00
0000000000080075984
210408301645
Claim Denial
4/8/2021
4/9/2021
4/29/2021
$300
$0
n/a
n/a
n/a
n/a
0000000000080076656
210121301435
Claim Denial and Account Freeze
1/21/2021
1/22/2021
5/8/2021
$500
$1,960
1/22/2021
3/18/2021
Claims filter - FTB
4/20/21
80077395
Claim Denial and Account Freeze
$3
9/28/2020
10/4/2020
Other
1/0/00
0000000000080225626
210302301997
Claim Denial and Account Freeze
3/2/2021
3/3/2021
3/16/2021
$5,703
$12
3/3/2021
3/11/2021
State Validated
1/0/00
0000000000080225965
210510301935
Claim Denial
5/10/2021
5/11/2021
5/28/2021
$900
$0
n/a
n/a
n/a
n/a
0000000000080227216
210512300663
Claim Denial
5/12/2021
5/13/2021
6/1/2021
$1,380
$0
n/a
n/a
n/a
n/a
0000000000080227228
210510300307
Claim Denial
5/10/2021
5/11/2021
5/29/2021
$2,740
$0
n/a
n/a
n/a
n/a
0000000000080227348
210317301832
Claim Denial
3/17/2021
3/18/2021
4/6/2021
$900
$0
n/a
n/a
n/a
n/a
0000000000080227427
210528300775
Claim Denial
5/28/2021
6/1/2021
6/7/2021
$1,000
$0
n/a
n/a
n/a
n/a
0000000000080227527
210412302476
Claim Denial
4/12/2021
4/13/2021
5/26/2021
$923
$0
n/a
n/a
n/a
n/a
0000000000080227942
210224301858
Claim Denial and Account Freeze
2/24/2021
2/25/2021
5/1/2021
$903
$0
2/25/2021
4/1/2021
Claims filter - FTB
4/20/21
0000000000080228021
210510301807
Claim Denial
5/10/2021
5/11/2021
5/27/2021
$1,846
$0
n/a
n/a
n/a
n/a
0000000000080228067
210531301330
Claim Denial
5/31/2021
6/1/2021
6/17/2021
$480
$0
n/a
n/a
n/a
n/a
0000000000080228236
201130303641
Claim Denial and Account Freeze
11/30/2020
12/1/2020
9/18/2023
$1,364
$686
12/17/2020
3/18/2021
Claims filter - FTB
4/8/21
0000000000080228451
210531300740
Claim Denial
5/31/2021
6/1/2021
6/11/2021
$500
$0
n/a
n/a
n/a
n/a
0000000000080228678
201023301137
Claim Denial and Account Freeze
10/23/2020
10/28/2020
7/29/2021
$160
$0
12/17/2020
3/18/2021
Claims filter - FTB
7/21/21
0000000000080228691
210225302366
Claim Denial and Account Freeze
2/25/2021
2/26/2021
3/23/2021
$340
$1
2/26/2021
3/15/2021
State Validated
1/0/00
0000000000080392931
210601300603
Claim Denial
6/1/2021
6/2/2021
6/22/2021
$1,306
$0
n/a
n/a
n/a
n/a
0000000000080393057
200624301072
Credit Recission and Account Freeze
6/24/2020
10/2/2020
5/18/2021
$2,080
($717)
12/17/2020
2/10/2021
Bank Validated
1/0/00
0000000000080393057
201028300950
Claim Denial
10/28/2020
10/29/2020
5/18/2021
$2,574
($717)
12/17/2020
2/10/2021
Bank Validated
1/0/00
0000000000080393330
210526300284
Claim Denial
5/26/2021
5/27/2021
6/2/2021
$983
$0
n/a
n/a
n/a
n/a
0000000000080394097
201102300799
Claim Denial and Account Freeze
11/2/2020
11/4/2020
10/11/2022
$1,000
$413
12/17/2020
3/18/2021
Claims filter - FTB
4/20/21
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51922
Page 58 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 2 - Disgorgement
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000079895732
210310300119
Claim Denial and Account Freeze
0000000000079896938
210115301235
Claim Denial and Account Freeze
0000000000079897124
210426300683
Claim Denial
0000000000079897124
210429301307
Claim Denial
0000000000079897277
200629302196
Credit Recission and Account Freeze
0000000000079897277
200914302783
Claim Denial
0000000000079897597
210408301468
Claim Denial
0000000000079897632
210419302218
Claim Denial
0000000000079897632
210420301179
Claim Denial
0000000000079897777
210311300706
Claim Denial and Account Freeze
0000000000079897781
210119300731
Claim Denial and Account Freeze
0000000000079898409
210504301996
Claim Denial
79898551
Claim Denial and Account Freeze
0000000000079899110
210208302469
Claim Denial and Account Freeze
0000000000079900482
210518300293
Claim Denial
0000000000079904094
201218300413
Claim Denial and Account Freeze
0000000000080072955
210301301494
Claim Denial and Account Freeze
0000000000080073436
210130300738
Claim Denial and Account Freeze
0000000000080073842
210114302810
Claim Denial and Account Freeze
0000000000080074685
210531300418
Claim Denial
0000000000080075387
210126302284
Claim Denial and Account Freeze
0000000000080075420
210325300757
Claim Denial
0000000000080075631
210525302035
Claim Denial
0000000000080075803
201110301880
Claim Denial and Account Freeze
0000000000080075925
210322300040
Claim Denial
0000000000080075978
210202301745
Claim Denial and Account Freeze
0000000000080075984
210408301645
Claim Denial
0000000000080076656
210121301435
Claim Denial and Account Freeze
80077395
Claim Denial and Account Freeze
0000000000080225626
210302301997
Claim Denial and Account Freeze
0000000000080225965
210510301935
Claim Denial
0000000000080227216
210512300663
Claim Denial
0000000000080227228
210510300307
Claim Denial
0000000000080227348
210317301832
Claim Denial
0000000000080227427
210528300775
Claim Denial
0000000000080227527
210412302476
Claim Denial
0000000000080227942
210224301858
Claim Denial and Account Freeze
0000000000080228021
210510301807
Claim Denial
0000000000080228067
210531301330
Claim Denial
0000000000080228236
201130303641
Claim Denial and Account Freeze
0000000000080228451
210531300740
Claim Denial
0000000000080228678
201023301137
Claim Denial and Account Freeze
0000000000080228691
210225302366
Claim Denial and Account Freeze
0000000000080392931
210601300603
Claim Denial
0000000000080393057
200624301072
Credit Recission and Account Freeze
0000000000080393057
201028300950
Claim Denial
0000000000080393330
210526300284
Claim Denial
0000000000080394097
201102300799
Claim Denial and Account Freeze
Claim Denial and Credit Recission
Float Rate
0.94%
0.30%
0.31%
0.32%
0.33%
0.31%
0.33%
0.33%
Sep-20
Oct-20
Nov-20
Dec-20
Jan-21
Feb-21
Mar-21
Apr-21
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.04
$0.02
$0.06
$0.00
$0.00
$0.00
$0.00
$0.28
$0.56
$0.66
$0.64
$2.12
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.11
$0.11
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.12
$0.13
$0.13
$0.14
$0.12
$0.14
$0.14
$0.92
$0.00
$0.39
$0.40
$0.43
$0.44
$0.37
$0.44
$0.43
$2.89
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.04
$0.04
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.10
$0.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.07
$0.07
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.13
$0.20
$0.33
$0.00
$0.00
$0.00
$0.00
$0.07
$0.14
$0.17
$0.16
$0.54
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.13
$0.21
$0.01
$0.35
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.09
$0.25
$0.09
$0.00
$0.00
$0.43
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.18
$0.08
$0.26
$0.00
$0.00
$0.00
$0.00
$0.00
$0.20
$0.00
$0.00
$0.20
$0.00
$0.00
$0.00
$0.00
$0.14
$0.21
$0.25
$0.24
$0.83
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.04
$0.23
$0.27
$0.20
$0.75
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.09
$0.43
$0.52
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.14
$0.24
$0.25
$0.21
$0.25
$0.24
$1.34
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.07
$0.00
$0.07
$0.00
$0.00
$0.00
$0.00
$0.00
$0.26
$0.00
$0.00
$0.26
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.06
$0.06
$0.00
$0.00
$0.00
$0.00
$0.05
$0.12
$0.14
$0.14
$0.44
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.72
$0.00
$0.72
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.11
$0.05
$0.16
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.15
$0.15
$0.00
$0.00
$0.00
$0.00
$0.00
$0.03
$0.25
$0.25
$0.53
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.37
$0.38
$0.32
$0.38
$0.37
$1.83
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.26
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.07
$0.00
$0.08
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.51
$0.53
$0.56
$0.58
$0.50
$0.58
$0.57
$3.83
$0.00
$0.06
$0.65
$0.70
$0.72
$0.61
$0.72
$0.70
$4.17
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.23
$0.27
$0.28
$0.24
$0.28
$0.27
$1.57
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51923
Page 59 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 2 - Disgorgement
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000079895732
210310300119
Claim Denial and Account Freeze
0000000000079896938
210115301235
Claim Denial and Account Freeze
0000000000079897124
210426300683
Claim Denial
0000000000079897124
210429301307
Claim Denial
0000000000079897277
200629302196
Credit Recission and Account Freeze
0000000000079897277
200914302783
Claim Denial
0000000000079897597
210408301468
Claim Denial
0000000000079897632
210419302218
Claim Denial
0000000000079897632
210420301179
Claim Denial
0000000000079897777
210311300706
Claim Denial and Account Freeze
0000000000079897781
210119300731
Claim Denial and Account Freeze
0000000000079898409
210504301996
Claim Denial
79898551
Claim Denial and Account Freeze
0000000000079899110
210208302469
Claim Denial and Account Freeze
0000000000079900482
210518300293
Claim Denial
0000000000079904094
201218300413
Claim Denial and Account Freeze
0000000000080072955
210301301494
Claim Denial and Account Freeze
0000000000080073436
210130300738
Claim Denial and Account Freeze
0000000000080073842
210114302810
Claim Denial and Account Freeze
0000000000080074685
210531300418
Claim Denial
0000000000080075387
210126302284
Claim Denial and Account Freeze
0000000000080075420
210325300757
Claim Denial
0000000000080075631
210525302035
Claim Denial
0000000000080075803
201110301880
Claim Denial and Account Freeze
0000000000080075925
210322300040
Claim Denial
0000000000080075978
210202301745
Claim Denial and Account Freeze
0000000000080075984
210408301645
Claim Denial
0000000000080076656
210121301435
Claim Denial and Account Freeze
80077395
Claim Denial and Account Freeze
0000000000080225626
210302301997
Claim Denial and Account Freeze
0000000000080225965
210510301935
Claim Denial
0000000000080227216
210512300663
Claim Denial
0000000000080227228
210510300307
Claim Denial
0000000000080227348
210317301832
Claim Denial
0000000000080227427
210528300775
Claim Denial
0000000000080227527
210412302476
Claim Denial
0000000000080227942
210224301858
Claim Denial and Account Freeze
0000000000080228021
210510301807
Claim Denial
0000000000080228067
210531301330
Claim Denial
0000000000080228236
201130303641
Claim Denial and Account Freeze
0000000000080228451
210531300740
Claim Denial
0000000000080228678
201023301137
Claim Denial and Account Freeze
0000000000080228691
210225302366
Claim Denial and Account Freeze
0000000000080392931
210601300603
Claim Denial
0000000000080393057
200624301072
Credit Recission and Account Freeze
0000000000080393057
201028300950
Claim Denial
0000000000080393330
210526300284
Claim Denial
0000000000080394097
201102300799
Claim Denial and Account Freeze
Account Freeze
Float Rate
0.94%
0.30%
0.31%
0.32%
0.33%
0.31%
0.33%
0.33%
Sep-20
Oct-20
Nov-20
Dec-20
Jan-21
Feb-21
Mar-21
Apr-21
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.01
$0.00
$0.02
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.55
$1.14
$0.00
$0.00
$0.00
$1.69
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.02
$0.02
$0.00
$0.04
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.01
$0.01
$0.00
$0.03
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.08
$0.00
$0.00
$0.08
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.18
$0.47
$0.55
$0.35
$1.54
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.09
$0.19
$0.16
$0.19
$0.05
$0.69
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
-$0.09
-$0.20
-$0.06
$0.00
$0.00
-$0.35
$0.00
$0.00
$0.00
-$0.09
-$0.20
-$0.06
$0.00
$0.00
-$0.35
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.05
$0.12
$0.10
$0.12
$0.08
$0.46
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51924
Page 60 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 2 - Disgorgement
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
Claim Entry
Dte
Fraud Filter File
Date
Paid Date
Claim Denial
Amount
Balance at
Freeze
Frd Fltr Frz
Dt
Action Dt
Action Reason
Unblock Dt
0000000000080394235
210225300131
Claim Denial and Account Freeze
2/25/2021
2/26/2021
5/1/2021
$190
$7
2/26/2021
3/29/2021
Claims filter - FTB
4/19/21
0000000000080394792
210427300780
Claim Denial
4/27/2021
4/28/2021
4/4/2023
$4,000
$0
n/a
n/a
n/a
n/a
0000000000080394852
201008301018
Claim Denial and Account Freeze
10/8/2020
10/9/2020
4/21/2021
$2,720
$32
12/17/2020
2/18/2021
State Validated
1/0/00
0000000000080394852
201031300329
Claim Denial and Account Freeze
10/31/2020
11/2/2020
4/23/2021
$320
$0
0000000000080395064
210222301899
Claim Denial and Account Freeze
2/22/2021
2/23/2021
5/19/2021
$1,090
$2
2/23/2021
4/1/2021
Claims filter - FTB
4/20/21
0000000000080395227
210316301550
Claim Denial and Account Freeze
3/16/2021
3/17/2021
5/10/2021
$1,003
$585
3/17/2021
3/29/2021
Claims filter - FTB
4/20/21
80396018
Claim Denial and Account Freeze
$4
12/17/2020
3/18/2021
Claims filter - FTB
4/20/21
0000000000080396057
201117301305
Claim Denial and Account Freeze
11/17/2020
11/18/2020
8/30/2021
$770
$4
12/17/2020
3/18/2021
Claims filter - FTB
8/15/21
0000000000080396710
201127302252
Claim Denial and Account Freeze
11/27/2020
11/30/2020
4/28/2021
$1,200
$592
12/17/2020
3/18/2021
Claims filter - FTB
4/5/21
0000000000080397252
210406300492
Claim Denial
4/6/2021
4/7/2021
10/12/2022
$1,000
$0
n/a
n/a
n/a
n/a
0000000000080397271
200821301419
Claim Denial and Account Freeze
8/21/2020
10/2/2020
9/29/2022
$1,000
$5
9/28/2020
10/4/2020
Other
1/0/00
0000000000080397694
210430300133
Claim Denial
4/30/2021
5/3/2021
5/26/2021
$1,360
$0
n/a
n/a
n/a
n/a
0000000000080572624
201012301042
Claim Denial and Account Freeze
10/12/2020
10/13/2020
5/16/2023
$240
$1
12/17/2020
1/20/2021
State Validated
1/0/00
0000000000080573040
200904300046
Credit Recission and Account Freeze
9/4/2020
10/2/2020
5/12/2021
$5,000
$2,366
9/28/2020
10/4/2020
Other
1/0/00
0000000000080573130
210412300280
Claim Denial
4/12/2021
4/13/2021
5/4/2021
$5,000
$0
n/a
n/a
n/a
n/a
0000000000080573229
201007302054
Claim Denial and Account Freeze
10/7/2020
10/8/2020
6/17/2021
$63
$8
12/17/2020
3/18/2021
Claims filter - FTB
4/1/21
0000000000080573383
201005300432
Claim Denial
10/5/2020
10/7/2020
7/8/2021
$480
$0
n/a
n/a
n/a
n/a
0000000000080573428
201103300290
Claim Denial and Account Freeze
11/3/2020
11/4/2020
6/16/2021
$240
$4
12/17/2020
3/18/2021
Claims filter - FTB
3/30/21
0000000000080573614
201005301611
Claim Denial
10/5/2020
10/7/2020
7/24/2021
$560
$0
n/a
n/a
n/a
n/a
0000000000080573824
200928302294
Claim Denial and Account Freeze
9/28/2020
9/30/2020
7/9/2021
$460
$5
10/1/2020
10/4/2020
Other
1/0/00
0000000000080574353
210303301564
Claim Denial and Account Freeze
3/3/2021
3/4/2021
6/10/2021
$500
$20
3/4/2021
3/29/2021
Claims filter - FTB
4/20/21
0000000000080574384
210111302764
Claim Denial and Account Freeze
1/11/2021
1/12/2021
2/12/2021
$1,512
$0
1/12/2021
1/22/2021
State Validated
1/0/00
0000000000080574565
210126302201
Claim Denial and Account Freeze
1/26/2021
1/27/2021
5/14/2021
$712
$31
1/27/2021
3/18/2021
Claims filter - FTB
4/21/21
0000000000080575559
210225300101
Claim Denial and Account Freeze
2/25/2021
2/26/2021
5/1/2021
$300
$102
2/26/2021
3/29/2021
Claims filter - FTB
4/20/21
0000000000080575733
210201301688
Claim Denial and Account Freeze
2/1/2021
2/2/2021
4/8/2021
$700
$0
2/2/2021
3/18/2021
Claims filter - FTB
3/26/21
0000000000080576200
210111300027
Claim Denial and Account Freeze
1/11/2021
1/12/2021
4/2/2021
$900
$5
1/12/2021
3/18/2021
Claims filter - FTB
3/26/21
0000000000080576282
210308302360
Claim Denial and Account Freeze
3/8/2021
3/9/2021
5/25/2021
$2,209
$1,007
3/9/2021
3/29/2021
Claims filter - FTB
4/10/21
0000000000080576606
210201301826
Claim Denial and Account Freeze
2/1/2021
2/2/2021
4/29/2021
$83
$19
2/2/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000080576828
201026300825
Claim Denial
10/26/2020
10/28/2020
12/30/2020
$323
$0
n/a
n/a
n/a
n/a
0000000000080577074
210301302750
Claim Denial
3/1/2021
3/2/2021
4/26/2021
$483
$1
3/2/2021
3/29/2021
Claims filter - FTB
1/0/00
0000000000080721413
200707300952
Credit Recission and Account Freeze
7/7/2020
10/2/2020
2/11/2021
$303
$973
9/28/2020
10/4/2020
Other
1/0/00
0000000000080724632
200718301010
Credit Recission and Account Freeze
7/18/2020
10/2/2020
6/18/2021
$1,418
($501)
12/17/2020
3/18/2021
Claims filter - FTB
3/23/21
0000000000080724636
210216300967
Claim Denial and Account Freeze
2/16/2021
2/17/2021
4/29/2021
$568
$0
2/17/2021
4/1/2021
Claims filter - FTB
4/20/21
0000000000080724959
210406300295
Claim Denial
4/6/2021
4/7/2021
4/28/2021
$704
$0
n/a
n/a
n/a
n/a
0000000000080724959
210408301520
Claim Denial
4/8/2021
4/9/2021
5/3/2021
$1,789
$0
0000000000080725112
200909303488
Claim Denial and Account Freeze
9/9/2020
10/2/2020
7/27/2021
$986
$1,846
9/28/2020
10/4/2020
Other
1/0/00
0000000000080725727
210202300518
Claim Denial and Account Freeze
2/2/2021
2/3/2021
3/1/2022
$860
$4
2/3/2021
3/18/2021
Claims filter - FTB
3/23/21
0000000000080726348
210105301862
Claim Denial and Account Freeze
1/5/2021
1/6/2021
4/27/2021
$950
$26
1/6/2021
3/18/2021
Claims filter - FTB
4/4/21
0000000000080726348
210410300826
Claim Denial and Account Freeze
4/10/2021
4/12/2021
7/8/2021
$553
$0
0000000000080726529
200921303144
Claim Denial and Account Freeze
9/21/2020
9/30/2020
9/27/2022
$300
$580
9/28/2020
10/4/2020
Other
1/0/00
0000000000080726569
210208300085
Claim Denial and Account Freeze
2/8/2021
2/9/2021
4/29/2021
$1,000
$567
2/9/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000080726826
210419300443
Claim Denial
4/19/2021
4/20/2021
5/10/2021
$972
$0
n/a
n/a
n/a
n/a
0000000000080726839
210226301863
Claim Denial and Account Freeze
2/26/2021
3/1/2021
5/5/2021
$260
$18
3/1/2021
3/29/2021
Claims filter - FTB
4/5/21
0000000000080727176
201218301963
Claim Denial and Account Freeze
12/18/2020
12/21/2020
5/7/2021
$140
$14
12/21/2020
3/18/2021
Claims filter - FTB
4/20/21
0000000000080727496
201103301714
Claim Denial
11/3/2020
11/4/2020
1/20/2021
$304
$0
n/a
n/a
n/a
n/a
0000000000080727606
210301302896
Claim Denial and Account Freeze
3/1/2021
3/2/2021
3/1/2022
$1,000
$421
3/2/2021
3/29/2021
Claims filter - FTB
4/12/21
0000000000080728704
210518302117
Claim Denial
5/18/2021
5/19/2021
6/18/2021
$724
$0
n/a
n/a
n/a
n/a
0000000000080728730
210222300323
Claim Denial and Account Freeze
2/22/2021
2/23/2021
3/12/2021
$1,000
$2,588
2/23/2021
3/8/2021
State Validated
1/0/00
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51925
Page 61 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 2 - Disgorgement
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000080394235
210225300131
Claim Denial and Account Freeze
0000000000080394792
210427300780
Claim Denial
0000000000080394852
201008301018
Claim Denial and Account Freeze
0000000000080394852
201031300329
Claim Denial and Account Freeze
0000000000080395064
210222301899
Claim Denial and Account Freeze
0000000000080395227
210316301550
Claim Denial and Account Freeze
80396018
Claim Denial and Account Freeze
0000000000080396057
201117301305
Claim Denial and Account Freeze
0000000000080396710
201127302252
Claim Denial and Account Freeze
0000000000080397252
210406300492
Claim Denial
0000000000080397271
200821301419
Claim Denial and Account Freeze
0000000000080397694
210430300133
Claim Denial
0000000000080572624
201012301042
Claim Denial and Account Freeze
0000000000080573040
200904300046
Credit Recission and Account Freeze
0000000000080573130
210412300280
Claim Denial
0000000000080573229
201007302054
Claim Denial and Account Freeze
0000000000080573383
201005300432
Claim Denial
0000000000080573428
201103300290
Claim Denial and Account Freeze
0000000000080573614
201005301611
Claim Denial
0000000000080573824
200928302294
Claim Denial and Account Freeze
0000000000080574353
210303301564
Claim Denial and Account Freeze
0000000000080574384
210111302764
Claim Denial and Account Freeze
0000000000080574565
210126302201
Claim Denial and Account Freeze
0000000000080575559
210225300101
Claim Denial and Account Freeze
0000000000080575733
210201301688
Claim Denial and Account Freeze
0000000000080576200
210111300027
Claim Denial and Account Freeze
0000000000080576282
210308302360
Claim Denial and Account Freeze
0000000000080576606
210201301826
Claim Denial and Account Freeze
0000000000080576828
201026300825
Claim Denial
0000000000080577074
210301302750
Claim Denial
0000000000080721413
200707300952
Credit Recission and Account Freeze
0000000000080724632
200718301010
Credit Recission and Account Freeze
0000000000080724636
210216300967
Claim Denial and Account Freeze
0000000000080724959
210406300295
Claim Denial
0000000000080724959
210408301520
Claim Denial
0000000000080725112
200909303488
Claim Denial and Account Freeze
0000000000080725727
210202300518
Claim Denial and Account Freeze
0000000000080726348
210105301862
Claim Denial and Account Freeze
0000000000080726348
210410300826
Claim Denial and Account Freeze
0000000000080726529
200921303144
Claim Denial and Account Freeze
0000000000080726569
210208300085
Claim Denial and Account Freeze
0000000000080726826
210419300443
Claim Denial
0000000000080726839
210226301863
Claim Denial and Account Freeze
0000000000080727176
201218301963
Claim Denial and Account Freeze
0000000000080727496
201103301714
Claim Denial
0000000000080727606
210301302896
Claim Denial and Account Freeze
0000000000080728704
210518302117
Claim Denial
0000000000080728730
210222300323
Claim Denial and Account Freeze
Claim Denial and Credit Recission
Float Rate
0.94%
0.30%
0.31%
0.32%
0.33%
0.31%
0.33%
0.33%
Sep-20
Oct-20
Nov-20
Dec-20
Jan-21
Feb-21
Mar-21
Apr-21
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.05
$0.05
$0.11
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.11
$0.11
$0.00
$0.51
$0.69
$0.74
$0.76
$0.65
$0.76
$0.52
$4.63
$0.00
$0.00
$0.08
$0.09
$0.09
$0.08
$0.09
$0.07
$0.49
$0.00
$0.00
$0.00
$0.00
$0.00
$0.06
$0.31
$0.30
$0.66
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.14
$0.27
$0.41
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.08
$0.21
$0.22
$0.18
$0.22
$0.21
$1.12
$0.00
$0.00
$0.01
$0.33
$0.34
$0.29
$0.34
$0.30
$1.60
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.22
$0.22
$0.00
$0.25
$0.25
$0.27
$0.28
$0.24
$0.28
$0.27
$1.84
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.04
$0.06
$0.07
$0.07
$0.06
$0.07
$0.07
$0.42
$0.00
$1.23
$1.27
$1.36
$1.40
$1.19
$1.40
$1.36
$9.21
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.81
$0.81
$0.00
$0.01
$0.02
$0.02
$0.02
$0.01
$0.02
$0.02
$0.11
$0.00
$0.10
$0.12
$0.13
$0.13
$0.11
$0.13
$0.13
$0.86
$0.00
$0.00
$0.05
$0.07
$0.07
$0.06
$0.07
$0.07
$0.38
$0.00
$0.11
$0.14
$0.15
$0.16
$0.13
$0.16
$0.15
$1.01
$0.01
$0.12
$0.12
$0.12
$0.13
$0.11
$0.13
$0.12
$0.86
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.13
$0.14
$0.26
$0.00
$0.00
$0.00
$0.00
$0.27
$0.15
$0.00
$0.00
$0.43
$0.00
$0.00
$0.00
$0.00
$0.03
$0.17
$0.20
$0.19
$0.59
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.08
$0.08
$0.17
$0.00
$0.00
$0.00
$0.00
$0.00
$0.16
$0.20
$0.05
$0.41
$0.00
$0.00
$0.00
$0.00
$0.16
$0.21
$0.25
$0.02
$0.65
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.46
$0.60
$1.06
$0.00
$0.00
$0.00
$0.00
$0.00
$0.02
$0.02
$0.02
$0.06
$0.00
$0.01
$0.08
$0.08
$0.00
$0.00
$0.00
$0.00
$0.18
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.13
$0.11
$0.24
$0.00
$0.07
$0.08
$0.08
$0.08
$0.03
$0.00
$0.00
$0.35
$0.00
$0.35
$0.36
$0.38
$0.40
$0.34
$0.40
$0.39
$2.61
$0.00
$0.00
$0.00
$0.00
$0.00
$0.06
$0.16
$0.15
$0.37
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.14
$0.14
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.36
$0.36
$0.00
$0.24
$0.25
$0.27
$0.28
$0.23
$0.28
$0.27
$1.82
$0.00
$0.00
$0.00
$0.00
$0.00
$0.19
$0.24
$0.23
$0.66
$0.00
$0.00
$0.00
$0.00
$0.22
$0.23
$0.27
$0.23
$0.95
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.09
$0.09
$0.01
$0.08
$0.08
$0.08
$0.08
$0.07
$0.08
$0.08
$0.56
$0.00
$0.00
$0.00
$0.00
$0.00
$0.17
$0.28
$0.26
$0.71
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.10
$0.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.07
$0.07
$0.14
$0.00
$0.00
$0.00
$0.01
$0.04
$0.03
$0.04
$0.04
$0.16
$0.00
$0.00
$0.07
$0.08
$0.05
$0.00
$0.00
$0.00
$0.21
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.27
$0.27
$0.54
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.05
$0.11
$0.00
$0.16
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51926
Page 62 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 2 - Disgorgement
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000080394235
210225300131
Claim Denial and Account Freeze
0000000000080394792
210427300780
Claim Denial
0000000000080394852
201008301018
Claim Denial and Account Freeze
0000000000080394852
201031300329
Claim Denial and Account Freeze
0000000000080395064
210222301899
Claim Denial and Account Freeze
0000000000080395227
210316301550
Claim Denial and Account Freeze
80396018
Claim Denial and Account Freeze
0000000000080396057
201117301305
Claim Denial and Account Freeze
0000000000080396710
201127302252
Claim Denial and Account Freeze
0000000000080397252
210406300492
Claim Denial
0000000000080397271
200821301419
Claim Denial and Account Freeze
0000000000080397694
210430300133
Claim Denial
0000000000080572624
201012301042
Claim Denial and Account Freeze
0000000000080573040
200904300046
Credit Recission and Account Freeze
0000000000080573130
210412300280
Claim Denial
0000000000080573229
201007302054
Claim Denial and Account Freeze
0000000000080573383
201005300432
Claim Denial
0000000000080573428
201103300290
Claim Denial and Account Freeze
0000000000080573614
201005301611
Claim Denial
0000000000080573824
200928302294
Claim Denial and Account Freeze
0000000000080574353
210303301564
Claim Denial and Account Freeze
0000000000080574384
210111302764
Claim Denial and Account Freeze
0000000000080574565
210126302201
Claim Denial and Account Freeze
0000000000080575559
210225300101
Claim Denial and Account Freeze
0000000000080575733
210201301688
Claim Denial and Account Freeze
0000000000080576200
210111300027
Claim Denial and Account Freeze
0000000000080576282
210308302360
Claim Denial and Account Freeze
0000000000080576606
210201301826
Claim Denial and Account Freeze
0000000000080576828
201026300825
Claim Denial
0000000000080577074
210301302750
Claim Denial
0000000000080721413
200707300952
Credit Recission and Account Freeze
0000000000080724632
200718301010
Credit Recission and Account Freeze
0000000000080724636
210216300967
Claim Denial and Account Freeze
0000000000080724959
210406300295
Claim Denial
0000000000080724959
210408301520
Claim Denial
0000000000080725112
200909303488
Claim Denial and Account Freeze
0000000000080725727
210202300518
Claim Denial and Account Freeze
0000000000080726348
210105301862
Claim Denial and Account Freeze
0000000000080726348
210410300826
Claim Denial and Account Freeze
0000000000080726529
200921303144
Claim Denial and Account Freeze
0000000000080726569
210208300085
Claim Denial and Account Freeze
0000000000080726826
210419300443
Claim Denial
0000000000080726839
210226301863
Claim Denial and Account Freeze
0000000000080727176
201218301963
Claim Denial and Account Freeze
0000000000080727496
201103301714
Claim Denial
0000000000080727606
210301302896
Claim Denial and Account Freeze
0000000000080728704
210518302117
Claim Denial
0000000000080728730
210222300323
Claim Denial and Account Freeze
Account Freeze
Float Rate
0.94%
0.30%
0.31%
0.32%
0.33%
0.31%
0.33%
0.33%
Sep-20
Oct-20
Nov-20
Dec-20
Jan-21
Feb-21
Mar-21
Apr-21
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.01
$0.00
$0.00
$0.02
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.08
$0.11
$0.18
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.00
$0.00
$0.00
$0.08
$0.17
$0.14
$0.17
$0.03
$0.58
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.18
$0.08
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.26
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.00
$0.01
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.01
$0.01
$0.02
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.03
$0.02
$0.05
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.21
$0.09
$0.30
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.00
$0.01
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.07
$0.03
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.11
$0.00
$0.00
$0.00
-$0.07
-$0.14
-$0.12
-$0.10
$0.00
-$0.42
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.14
$0.06
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.20
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.01
$0.01
$0.00
$0.02
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.04
$0.02
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.06
$0.00
$0.00
$0.00
$0.00
$0.00
$0.10
$0.16
$0.10
$0.36
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.00
$0.01
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.11
$0.05
$0.16
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.13
$0.19
$0.00
$0.32
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51927
Page 63 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 2 - Disgorgement
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
Claim Entry
Dte
Fraud Filter File
Date
Paid Date
Claim Denial
Amount
Balance at
Freeze
Frd Fltr Frz
Dt
Action Dt
Action Reason
Unblock Dt
0000000000080728867
201026301626
Claim Denial and Account Freeze
10/26/2020
10/28/2020
6/15/2021
$1,000
$0
12/17/2020
3/18/2021
Claims filter - FTB
4/11/21
0000000000081142363
210528300443
Claim Denial
5/28/2021
6/1/2021
6/17/2021
$1,500
$0
n/a
n/a
n/a
n/a
0000000000081142441
210410300630
Claim Denial
4/10/2021
4/12/2021
4/29/2021
$740
$0
n/a
n/a
n/a
n/a
0000000000081142770
210318300375
Claim Denial
3/18/2021
3/19/2021
4/6/2021
$603
$0
n/a
n/a
n/a
n/a
0000000000081144611
210315301361
Claim Denial and Account Freeze
3/15/2021
3/16/2021
4/27/2021
$280
$239
3/16/2021
3/29/2021
Claims filter - FTB
4/2/21
0000000000081144901
200929302919
Claim Denial
9/29/2020
9/30/2020
2/17/2021
$1,123
$0
n/a
n/a
n/a
n/a
0000000000081145364
210405300973
Claim Denial
4/6/2021
4/7/2021
4/28/2021
$1,000
$0
n/a
n/a
n/a
n/a
0000000000081145364
210527301465
Claim Denial
5/27/2021
5/28/2021
6/9/2021
$1,900
$0
0000000000081145555
210420300319
Claim Denial
4/20/2021
4/21/2021
5/10/2021
$400
$0
n/a
n/a
n/a
n/a
0000000000081146858
210126302118
Claim Denial and Account Freeze
1/26/2021
1/27/2021
5/24/2021
$1,206
$196
1/27/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000081146881
210312301411
Claim Denial and Account Freeze
3/12/2021
3/15/2021
6/16/2021
$367
$13
3/15/2021
3/29/2021
Claims filter - FTB
4/19/21
0000000000081426850
200929300687
Claim Denial
9/29/2020
9/30/2020
12/24/2020
$303
$0
n/a
n/a
n/a
n/a
0000000000081427694
201110300972
Claim Denial and Account Freeze
11/10/2020
11/12/2020
6/15/2021
$460
$242
12/17/2020
3/18/2021
Claims filter - FTB
5/4/21
0000000000081428273
210315302117
Claim Denial and Account Freeze
3/15/2021
3/16/2021
5/12/2021
$460
$7
3/16/2021
3/29/2021
Claims filter - FTB
4/6/21
0000000000081428677
210419301669
Claim Denial
4/19/2021
4/20/2021
7/28/2021
$480
$0
n/a
n/a
n/a
n/a
0000000000081429152
200919300157
Claim Denial and Account Freeze
9/19/2020
10/2/2020
1/26/2023
$1,226
$24,141
9/28/2020
10/4/2020
Other
1/0/00
0000000000081430082
210504300417
Claim Denial
5/4/2021
5/5/2021
5/28/2021
$620
$0
n/a
n/a
n/a
n/a
0000000000081430125
210128300559
Claim Denial and Account Freeze
1/28/2021
1/29/2021
5/8/2021
$500
$0
1/29/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000081430272
210322302186
Claim Denial
3/22/2021
3/23/2021
4/8/2021
$129
$0
n/a
n/a
n/a
n/a
0000000000081430711
210601300889
Claim Denial
6/1/2021
6/2/2021
7/24/2021
$3,000
$0
n/a
n/a
n/a
n/a
0000000000081430964
210113301658
Claim Denial and Account Freeze
1/13/2021
1/14/2021
4/2/2021
$600
$3
1/14/2021
3/18/2021
Claims filter - FTB
4/9/21
0000000000081431829
210112302540
Claim Denial and Account Freeze
1/12/2021
1/13/2021
4/28/2021
$380
$20
1/13/2021
3/18/2021
Claims filter - FTB
4/20/21
0000000000081694008
210122302098
Claim Denial and Account Freeze
1/22/2021
1/25/2021
4/28/2021
$340
$15
1/25/2021
3/18/2021
Claims filter - FTB
3/28/21
0000000000081694742
210408301973
Claim Denial
4/8/2021
4/9/2021
5/29/2021
$760
$0
n/a
n/a
n/a
n/a
0000000000081695484
201006300660
Claim Denial and Account Freeze
10/6/2020
10/7/2020
12/31/2020
$603
$22
12/17/2020
12/31/2020
Hardship
1/0/00
0000000000081696197
210601301860
Claim Denial
6/1/2021
6/2/2021
6/22/2021
$206
$0
n/a
n/a
n/a
n/a
0000000000081696372
210224301307
Claim Denial and Account Freeze
2/24/2021
2/25/2021
5/1/2021
$900
$35
2/25/2021
4/1/2021
Claims filter - FTB
4/20/21
0000000000081696788
210130300302
Claim Denial and Account Freeze
1/30/2021
2/1/2021
3/9/2021
$44
$5
2/1/2021
2/9/2021
State Validated
1/0/00
0000000000081697320
200706300858
Credit Recission and Account Freeze
7/6/2020
10/2/2020
12/10/2020
$1,900
$2,412
9/28/2020
10/4/2020
Other
1/0/00
0000000000081697593
210414300088
Claim Denial
4/14/2021
4/15/2021
5/5/2021
$1,003
$0
n/a
n/a
n/a
n/a
0000000000081697636
201116301364
Claim Denial
11/16/2020
11/17/2020
1/25/2021
$993
$0
n/a
n/a
n/a
n/a
0000000000081698140
210127301615
Claim Denial and Account Freeze
1/27/2021
1/28/2021
2/17/2021
$983
$2,528
1/28/2021
2/9/2021
State Validated
1/0/00
0000000000081698410
210430300150
Claim Denial
4/30/2021
5/3/2021
6/18/2021
$1,003
$0
n/a
n/a
n/a
n/a
0000000000081698446
201121301486
Claim Denial and Account Freeze
11/21/2020
11/23/2020
2/4/2021
$263
$15
12/17/2020
2/10/2021
Bank Validated
1/0/00
0000000000081939697
201230303633
Claim Denial and Account Freeze
12/30/2020
12/31/2020
2/11/2021
$440
$82
12/31/2020
1/12/2021
State Validated
1/0/00
0000000000081940268
210417300091
Claim Denial
4/17/2021
4/19/2021
5/19/2021
$1,080
$0
n/a
n/a
n/a
n/a
0000000000081940323
210303300795
Claim Denial and Account Freeze
3/3/2021
3/4/2021
5/25/2021
$1,000
$217
3/4/2021
3/29/2021
Claims filter - FTB
4/6/21
0000000000081941495
210525300288
Claim Denial
5/25/2021
5/26/2021
6/23/2021
$1,604
$0
n/a
n/a
n/a
n/a
0000000000081941537
210210302447
Claim Denial and Account Freeze
2/10/2021
2/11/2021
6/8/2021
$940
$1,160
2/11/2021
3/18/2021
Claims filter - FTB
3/21/21
0000000000081941682
210323300347
Claim Denial
3/23/2021
3/24/2021
4/8/2021
$180
$0
n/a
n/a
n/a
n/a
0000000000081942093
210211301677
Claim Denial and Account Freeze
2/11/2021
2/12/2021
6/14/2021
$1,500
$4
2/12/2021
3/18/2021
Claims filter - FTB
5/11/21
81942351
Claim Denial and Account Freeze
$5
9/28/2020
10/4/2020
Other
1/0/00
0000000000081943057
210308302323
Claim Denial and Account Freeze
3/8/2021
3/9/2021
5/28/2021
$920
$0
3/9/2021
3/29/2021
Claims filter - FTB
3/30/21
0000000000081943060
210428301052
Claim Denial
4/28/2021
4/29/2021
5/24/2021
$2,600
$0
n/a
n/a
n/a
n/a
0000000000081943083
201204300552
Claim Denial and Account Freeze
12/4/2020
12/7/2020
5/6/2021
$160
$4
12/7/2020
3/18/2021
Claims filter - FTB
4/20/21
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51928
Page 64 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 2 - Disgorgement
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000080728867
201026301626
Claim Denial and Account Freeze
0000000000081142363
210528300443
Claim Denial
0000000000081142441
210410300630
Claim Denial
0000000000081142770
210318300375
Claim Denial
0000000000081144611
210315301361
Claim Denial and Account Freeze
0000000000081144901
200929302919
Claim Denial
0000000000081145364
210405300973
Claim Denial
0000000000081145364
210527301465
Claim Denial
0000000000081145555
210420300319
Claim Denial
0000000000081146858
210126302118
Claim Denial and Account Freeze
0000000000081146881
210312301411
Claim Denial and Account Freeze
0000000000081426850
200929300687
Claim Denial
0000000000081427694
201110300972
Claim Denial and Account Freeze
0000000000081428273
210315302117
Claim Denial and Account Freeze
0000000000081428677
210419301669
Claim Denial
0000000000081429152
200919300157
Claim Denial and Account Freeze
0000000000081430082
210504300417
Claim Denial
0000000000081430125
210128300559
Claim Denial and Account Freeze
0000000000081430272
210322302186
Claim Denial
0000000000081430711
210601300889
Claim Denial
0000000000081430964
210113301658
Claim Denial and Account Freeze
0000000000081431829
210112302540
Claim Denial and Account Freeze
0000000000081694008
210122302098
Claim Denial and Account Freeze
0000000000081694742
210408301973
Claim Denial
0000000000081695484
201006300660
Claim Denial and Account Freeze
0000000000081696197
210601301860
Claim Denial
0000000000081696372
210224301307
Claim Denial and Account Freeze
0000000000081696788
210130300302
Claim Denial and Account Freeze
0000000000081697320
200706300858
Credit Recission and Account Freeze
0000000000081697593
210414300088
Claim Denial
0000000000081697636
201116301364
Claim Denial
0000000000081698140
210127301615
Claim Denial and Account Freeze
0000000000081698410
210430300150
Claim Denial
0000000000081698446
201121301486
Claim Denial and Account Freeze
0000000000081939697
201230303633
Claim Denial and Account Freeze
0000000000081940268
210417300091
Claim Denial
0000000000081940323
210303300795
Claim Denial and Account Freeze
0000000000081941495
210525300288
Claim Denial
0000000000081941537
210210302447
Claim Denial and Account Freeze
0000000000081941682
210323300347
Claim Denial
0000000000081942093
210211301677
Claim Denial and Account Freeze
81942351
Claim Denial and Account Freeze
0000000000081943057
210308302323
Claim Denial and Account Freeze
0000000000081943060
210428301052
Claim Denial
0000000000081943083
201204300552
Claim Denial and Account Freeze
Claim Denial and Credit Recission
Float Rate
0.94%
0.30%
0.31%
0.32%
0.33%
0.31%
0.33%
0.33%
Sep-20
Oct-20
Nov-20
Dec-20
Jan-21
Feb-21
Mar-21
Apr-21
Total
$0.00
$0.03
$0.25
$0.27
$0.28
$0.24
$0.28
$0.27
$1.63
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.12
$0.12
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.07
$0.03
$0.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.04
$0.07
$0.11
$0.03
$0.29
$0.29
$0.30
$0.32
$0.16
$0.00
$0.00
$1.38
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.20
$0.20
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.04
$0.04
$0.00
$0.00
$0.00
$0.00
$0.05
$0.29
$0.34
$0.33
$1.01
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.06
$0.10
$0.16
$0.01
$0.08
$0.08
$0.06
$0.00
$0.00
$0.00
$0.00
$0.23
$0.00
$0.00
$0.07
$0.12
$0.13
$0.11
$0.13
$0.12
$0.69
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.07
$0.12
$0.19
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.05
$0.05
$0.00
$0.30
$0.31
$0.33
$0.34
$0.29
$0.34
$0.33
$2.26
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.12
$0.14
$0.14
$0.41
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.01
$0.02
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.10
$0.14
$0.17
$0.01
$0.42
$0.00
$0.00
$0.00
$0.00
$0.07
$0.09
$0.11
$0.10
$0.36
$0.00
$0.00
$0.00
$0.00
$0.02
$0.08
$0.10
$0.09
$0.28
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.15
$0.15
$0.00
$0.12
$0.15
$0.16
$0.00
$0.00
$0.00
$0.00
$0.44
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.03
$0.25
$0.24
$0.53
$0.00
$0.00
$0.00
$0.00
$0.00
$0.01
$0.00
$0.00
$0.01
$0.00
$0.47
$0.48
$0.17
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$0.00
$0.00
$0.00
$1.12
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.15
$0.15
$0.00
$0.00
$0.12
$0.27
$0.22
$0.00
$0.00
$0.00
$0.61
$0.00
$0.00
$0.00
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$0.14
$0.00
$0.00
$0.18
$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00
$0.00
$0.02
$0.07
$0.07
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$0.00
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$0.00
$0.00
$0.00
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$0.52
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$0.26
$0.26
$0.66
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$0.00
$0.00
$0.00
$0.00
$0.01
$0.01
$0.03
$0.00
$0.00
$0.00
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$0.22
$0.42
$0.41
$1.04
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$0.05
$0.00
$0.00
$0.00
$0.03
$0.04
$0.04
$0.04
$0.04
$0.21
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51929
Page 65 of 76
In re Bank of America California Unemployment Benefits Litigation
Schedule 2 - Disgorgement
Expert Report of Greg J. Regan, CPA/CFF
CardAlias ID
ClaimNbr
Class
0000000000080728867
201026301626
Claim Denial and Account Freeze
0000000000081142363
210528300443
Claim Denial
0000000000081142441
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Claim Denial
0000000000081142770
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Claim Denial
0000000000081144611
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Claim Denial and Account Freeze
0000000000081144901
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Claim Denial
0000000000081145364
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Claim Denial
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Claim Denial
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Claim Denial
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Claim Denial
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Claim Denial and Account Freeze
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210322302186
Claim Denial
0000000000081430711
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Claim Denial
0000000000081430964
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Claim Denial and Account Freeze
0000000000081431829
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Claim Denial and Account Freeze
0000000000081694008
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Claim Denial and Account Freeze
0000000000081694742
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0000000000081695484
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Claim Denial and Account Freeze
0000000000081696197
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Claim Denial
0000000000081696372
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Claim Denial and Account Freeze
0000000000081696788
210130300302
Claim Denial and Account Freeze
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200706300858
Credit Recission and Account Freeze
0000000000081697593
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Claim Denial
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Claim Denial
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Claim Denial and Account Freeze
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Claim Denial
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Claim Denial and Account Freeze
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Claim Denial and Account Freeze
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Claim Denial
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Claim Denial and Account Freeze
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Claim Denial
0000000000081941537
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Claim Denial and Account Freeze
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Claim Denial
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Claim Denial and Account Freeze
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Claim Denial and Account Freeze
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210308302323
Claim Denial and Account Freeze
0000000000081943060
210428301052
Claim Denial
0000000000081943083
201204300552
Claim Denial and Account Freeze
Account Freeze
Float Rate
0.94%
0.30%
0.31%
0.32%
0.33%
0.31%
0.33%
0.33%
Sep-20
Oct-20
Nov-20
Dec-20
Jan-21
Feb-21
Mar-21
Apr-21
Total
$0.00
$0.00
$0.00
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$0.06
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$0.07
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$1.86
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$2.65
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$0.00
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$0.18
$0.22
$0.00
$0.40
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$0.00
$0.01
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51930
Page 66 of 76
HEMMING.COM
PAGE 1 OF 7
GREG REGAN, CPA/CFF, MBA
CURRICULUM VITAE
SAN FRANCISCO OFFICE
201 Spear Street ӏ Suite 1100
San Francisco, CA 94105
T: 415.836.4000
BURLINGAME OFFICE
1290 Howard Ave ӏ Suite 202
Burlingame, CA 94010
T: 415.836.4000
Profile
Greg Regan is a Partner in the Forensic and Financial Consulting Services Group in the San Francisco office
of Hemming Morse. In 2018, Greg became the Chair of California Society of CPAs Forensic Services
Section. In 2013, Greg was appointed to the American Institute of CPA’s (“AICPA”) Forensic and Valuation
Services Executive Committee. This 9-member committee establishes professional standards for practitioners
performing consulting services that require the application of forensic or valuation-related methodologies.
From 2010 to 2013, he served on the AICPA’s Forensic and Litigation Services (“FLS”) Committee.
This 11-member committee provides professional guidance to CPA practitioners who perform accounting
investigations, economic damage analyses such as lost profits calculations, and a variety of other services.
Greg was the Chair of the AICPA’s Damages Task Force from 2010 to 2013 and continues to be an active
member. Greg received the AICPA’s 2012 Award for the FLS Volunteer of the Year.
Greg has testified in federal and state courts as well as in arbitrations regarding these types of forensic
analyses. Greg is a Certified Public Accountant (CPA), a Certified Financial Forensic (CFF), and a Certified
Fraud Examiner (CFE). Greg serves as an Officer of the California Society of Certified Public Accountants
(CalCPA) statewide Forensic Services Committee.
Greg received his B.S. degree in Accounting from Georgetown University, Washington, D.C., and his Masters
in Business Administration with an Emphasis in Finance from the University of San Francisco. When he’s not
working, he enjoys spending time with his wife and coaching the sports teams of his two boys.
Appendix A
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51931
Page 67 of 76
HEMMING.COM
PAGE 2 OF 7
GREG REGAN, CPA/CFF, MBA
CURRICULUM VITAE
SAN FRANCISCO OFFICE
201 Spear Street ӏ Suite 1100
San Francisco, CA 94105
T: 415.836.4000
BURLINGAME OFFICE
1290 Howard Ave ӏ Suite 202
Burlingame, CA 94010
T: 415.836.4000
Employment & Education
■ Hemming Morse 2003 – Present
-Partner
-Director, 2007-2011
-Manager, 2003-2006
■ Golden Gate University 2009 – 2016
-Adjunct Professor
-Introduction to Financial Forensic Accounting, Spring
2009-2016
-An In-Depth Analysis of Economic Damages, Fall 2010
■ SupportSoft, Inc. (Nasdaq: SPRT) 1999 – 2003
■ Ernst & Young, LLP 1995 – 1999
■ University of San Francisco 2004 – 2007
-Masters in Business Administration with emphasis in
Finance
-Beta Gamma Sigma Honor Society
■ Georgetown University, Washington, D.C. 1995
-B.S. Accounting, Minor in Theology
Professional & Service Affiliations
■ Certified Public Accountant, State of California, 1998
State of New York, 2010
■ Certified Fraud Examiner
■ Certified in Financial Forensics, 2008
■ American Institute of Certified Public Accountants
– Forensic & Valuation Services Executive Committee,
2013-2016
– Forensic & Litigation Services Committee,
2010-2013
– Chair, Damages Task Force
– National Forensic & Valuation Conference
– Co-Chair, 2014-2015
– Planning Committee, 2011-2016
■ California Society of Certified Public Accountants
– Co-chair, San Francisco Chapter Litigation
Consulting Services Committee, 2006-2011
– State Steering Committee, 2007-present
Officer, 2012-2020
■ CAMICO
– Board of Directors, 2023 to present
– Risk Management Committee, 2014-2023
■ California CPA Education Foundation
– Accounting & Auditing Curriculum Advisory
Committee, 2007-2010
■ Legal Aid of San Mateo County
– Board of Directors, Treasurer
■ Board of Regents, Junipero Serra High School
Appendix A
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51932
Page 68 of 76
HEMMING.COM
PAGE 3 OF 7
GREG REGAN, CPA/CFF, MBA
CURRICULUM VITAE
SAN FRANCISCO OFFICE
201 Spear Street ӏ Suite 1100
San Francisco, CA 94105
T: 415.836.4000
BURLINGAME OFFICE
1290 Howard Ave ӏ Suite 202
Burlingame, CA 94010
T: 415.836.4000
Testimony
Trial and Deposition
■ People of the State of California v Zovio, et al.
(2021), Superior Court of California, San Diego,
Case No. 37-2018-00046134-CU-MC-CTL
■ Sumotext Corp. v. Zoove, Inc., et al. (2020)
U.S. District Court, Northern District of
California, San Jose Division, Case No. 5:16-cv-
01370-BLF
■ PPFA, Inc. v. Center For Medical Progress, et al.
(2019), U.S. District Court, Northern District San
Francisco, Case No. 3:16-Cv-00236-Who
■ ASML US, Inc, v. XTAL (2018),
Superior Court of California, Santa Clara, Case
No. 16-CV-295051
■ State of Colorado v. Center for Excellence in
Higher Education, Inc., et al. (2017), District
Court, Denver City and State of Colorado, Case
No. 2014cv34530
■ Universal Packaging West, Inc. v. Bomatic (2024),
Superior Court of San Diego, Case No. 37-2019-
00050175-CU-BC-CTL
■ Francine Shulman et al. v. Todd Kaplan et al. (2024),
Superior Court of California, Los Angeles,
Case No. 20VECV01406
■ Consumer Financial Protection Bureau v. Stratfs,
LLC (2024), U.S. District Court, Western District of
New York, Case No. 1:24-cv-00040
■ DBI Beverage Inc. v. WSJ, LLC (2023),
Superior Court of California, San Francisco,
Case No. CGC-20-582694
■ Knauf Ventures, LLC v. 154 Almonte Blvd, LLC
(2023), California Superior Court, Marin, Case No.
CIV2003268
■ Virgin Hotels San Francisco, LLC v. 250 Fourth
Development, L.P. et al. (2022), Superior Court of
California, San Francisco, Case No. CGC-20-584350
Arbitration and Deposition
■ Goal Acquisitions Corp v. Sheppard Mullin (2024)
JAMS Reference No. 5240001231
■ Levin Simes v. Peiffer Wolf, et al. (2024),
JAMS Reference No. 1110029750
■ T.I.M.E. Service Catalyst Handling, LLC v. Scott
Rogers et al. (2022), American Arbitration
Association, Case No. 01-18-002-3360
■ Sutter Health and Sutter Health Plan v. Optum
Insight, Inc. (2017), American Arbitration
Association, Case No. 011500034226
■ Cloud Cruiser, Inc. v. Cisco Systems, Inc. (2017)
JAMS Reference No. 1100085560
Appendix A
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51933
Page 69 of 76
HEMMING.COM
PAGE 4 OF 7
GREG REGAN, CPA/CFF, MBA
CURRICULUM VITAE
SAN FRANCISCO OFFICE
201 Spear Street ӏ Suite 1100
San Francisco, CA 94105
T: 415.836.4000
BURLINGAME OFFICE
1290 Howard Ave ӏ Suite 202
Burlingame, CA 94010
T: 415.836.4000
Testimony continued
Deposition
■ Louis Rossetto v. Prometheus Real Estate Group,
Inc., Trinity Ave., LLC, and Does 1-10 (2025), Superior
Court of California, Contra Costa County,
Case No. C23-03047
■ Pitkin v. State Farm (2025), USDC, ND of California,
Case No. 3:23-cv-00924-WHO
■ David Fleury v. Union Pacific Railroad Company
(2024), USDC, ND of Illinois, Case No. 20-cv-00390
■ Federal Equipment Company v. ImmunityBio, Inc.,
et al (2024), USDC ND of Ohio, Case No. 1:21-cv-01422
■ Primevere LLC v. Rezidential Development, Inc.
(2024), Superior Court of California, Orange County,
Case No. 30-2021-01203514-CU-BC-CJC
■ Autumn Funkhouser-Ward v. Honeywell Interna
tional, Inc. (2024), USDC, Southern District of Illinois,
Case No. 3:21-cv-00485-SMY
■ State of California ex re Mark Sersansie v. Gardens
Regional Hospital Medical Center et. al. (2024),
Superior Court of California, Los Angeles,
Case No. BC534466
■ SEC v. Barrington Asset Management (2023),
U.S. District Court, Northern District of Illinois, Case
No. 21-cv-3450
■ Hewitt v. Google LLC (2023), U.S. District Court,
Northern District of California,
Case 4:21-cv-02155-YGR
■ Shannon McBurnie, et al. v. RAC Acceptance
East LLC (2022), U.S. District Court, Northern
District of California, Case No. 3:21-cv-01429-JD
■ Steven Gomo v. NetApp, Inc. (2022), Federal
Court, ND CA, Case No. 5:17-cv-02990-BLF
■ Stahl and Reynolds v. Orthopedic Alliance
(2022), U.S. District Court, Central District of
California, Case No. CV16-03966-MWF (SKx)
■ Barry Forman v. Timothy Covington (2022),
Superior Court of California, San Francisco, Case
No. CGC-21-588962
■ Don Lee Farms v. Beyond Meat (2022), Superior
Court of California, Los Angeles, Case No.
BC662838
■ New Prime Inc. v. Amazon Logistics, Inc. (2021),
U.S. District Court, Western District of Missouri,
Case No. 6:19-cv-03236-MDH
■ Kiva Health Brands, LLC v. Kiva Brands Inc.
(2021), U.S. District Court, Northern District of
California, Civil No. 3:19-cv-03459-CRB
■ Class B Investors v. 8minutenergy US Manager,
LLC (2021), JAMS Case Reference No. 1100110779
■ Synchrony Bank v. RevPar Collective, Inc. (2021),
Superior Court of California, San Francisco, Case
No. CGC-18-566487
Appendix A
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51934
Page 70 of 76
HEMMING.COM
PAGE 5 OF 7
GREG REGAN, CPA/CFF, MBA
CURRICULUM VITAE
SAN FRANCISCO OFFICE
201 Spear Street ӏ Suite 1100
San Francisco, CA 94105
T: 415.836.4000
BURLINGAME OFFICE
1290 Howard Ave ӏ Suite 202
Burlingame, CA 94010
T: 415.836.4000
Testimony continued
Deposition continued
■ Bridge-Folsom, LP, v. Terra Firma Development
Company, LTD (2021), JAMS Arbritration, No.
1130008587
■ SRS Acquiom, Inc. v. PNC Financial Services Group,
Inc. (2020), U.S. District Court, District of Colorado,
Civil Action No. 1:19-cv-02005-DDD-SKC
■ United States ex rel. Matthew Macdowell v. Synnex
Corporation (2020), U.S. District Court, Northern
District of California, Case No. 19-cv-00173-WHA
■ Ahmad Hamdan v. Dorothy Reggi, et al. (2020),
Yuba County Superior Court, Case No. CVCV18-01936
■ Aqualegacy Development LLC v. 2012 Canrow
Owner (2020), Superior Court of California,
Monterey, Case No. 16CV001078
■ Cisco Systems, Inc., And Cisco Technology, Inc.
v. ADSI, et al. (2020), U.S. District Court, Northern
District of California, Oakland Division, Case No.
4:18-cv-07602 YGR
■ Administrator v. Marlette Funding, LLC et al. (2020),
District Court, Denver City and State of Colorado,
Case No. 17CV30376
■ In Re: Restasis Antitrust Litigation (2020), U.S.
District Court, Eastern District of New York, Case No.
MDL No. 2819 18-MD-2819 (NG) (LB)
■ Wetlands Preservation Foundation v.
Department of Water Resources, The Nature
Conservancy (2019) Superior Court of California,
San Joaquin, Case No. STK-CV-UWM-2018-8957
■ Healthnet v. American International Specialty
Lines Insurance Company, et al. (2019), Superior
Court of California, Los Angeles, Case No.
Bc357436
■ Fred Sahadi v. Liberty Mutual Insurance. et al.
(2019), U.S. District Court Northern District of
California, Case No. 5:18-CV-04061-LHIK
■ Justice Laub v. Drone Racing League, Inc. et
al. (2019), U.S. District Court, Central District of
California, Western Division, Case No. 2:17-CV-
06210-JAK (KSX)
■ United States Of America v. County Of Clark
And Nevada Links, Inc. (2019), U. S. District Court
District Of Nevada, Case No. 2:17-Cv-02303
■ Fuse Chicken, LLC v. Amazon.com, Inc. (2019)
U.S. District Court Northern District of Ohio,
Eastern Division, Case No. 5:17-cv-01538-SL
■ Golden Gateway Center v. San Francisco
Waterfront Partners II, LLC (2018), Superior Court
of California, San Francisco, Case No. CGC 15-548437
Appendix A
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51935
Page 71 of 76
HEMMING.COM
PAGE 6 OF 7
GREG REGAN, CPA/CFF, MBA
CURRICULUM VITAE
SAN FRANCISCO OFFICE
201 Spear Street ӏ Suite 1100
San Francisco, CA 94105
T: 415.836.4000
BURLINGAME OFFICE
1290 Howard Ave ӏ Suite 202
Burlingame, CA 94010
T: 415.836.4000
Publications
■ “Attaining Reasonable Certainty in Economic
Damages, Calculations”, AICPA Practice Aid, 2015
■ “How CPAs can benefi t from Colin Powell’s Rule”,
AICPA “FVS Insider” Article, August 2013
■ “Options for Consumers in Crisis - An Economic
Analysis of the Debt Settlement Industry”,
December 31, 2012
■ “Discount Rates, Risk, and Uncertainty in Economic
Damage Calculations”, AICPA Practice Aid, 2012
■ "Making Sense of Forensic Accounting", CalCPA
Magazine, 2020
■ "Trial Testimony by Financial Experts in California
Court: A Reference Guide to Hearsay Evidence
Objections", CalCPA FSS, 2019
■ “Calculating Lost Profits”, AICPA Practice Aid, 2019
■ Unblurring the Line(s) Between Accounting and Legal
Opinions”, The Witness Chair, Winter 2017
■ “Big Data’s Day in Court”, Plaintiff Magazine, January 2017
Awards
■ AICPA, Forensic & Litigation Services Volunteer
of the Year, 2012
■ Georgetown University, Dean’s Citation, 1995
Testimony continued
Deposition continued
■ The Barrel Cellar v. Quince Pacific Avenue (2018),
Superior Court of California, San Francisco, Case No. CGC-
17-561363
■ Just Games Interactive Entertainment, LLC v.
Scopely, Inc. (2018), JAMS Arbitration
■ Mark de Bibo Company v. Ryan & Ryan
Construction, Inc. (2017), Superior Court of
California, San Mateo, Case No. CIV534040
■ Amedee Geothermal Venture I v. Lassen
Municipal Utility District (2017), Superior Court of
California, Lassen, Case No. 59485
Appendix A
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51936
Page 72 of 76
HEMMING.COM
PAGE 7 OF 7
GREG REGAN, CPA/CFF, MBA
CURRICULUM VITAE
SAN FRANCISCO OFFICE
201 Spear Street ӏ Suite 1100
San Francisco, CA 94105
T: 415.836.4000
BURLINGAME OFFICE
1290 Howard Ave ӏ Suite 202
Burlingame, CA 94010
T: 415.836.4000
Presentations
■ “Aligning Damages to the Claims for Relief”,
AICPA National Forensic & Valuation Services
Conference (2023)
■ “An Exploration of Reliance Damages”,
AICPA National Forensic & Valuation Services
Conference (2022)
■ “The 'State' of Sargon: 8 Years Later", CalCPA (2020)
■ “Damages - When are they Foreseeable?”,
AICPA National Forensic & Valuation Services
Conference, 2018
■ “Linking Causation to Damages”, AICPA National
Forensic & Valuation Services Conference, 2017
■ “Un-blurring the Lines Between Legal and Expert
Opinions”, AICPA National Forensic & Valuation
Services Conference, 2017
■ “Un-blurring the Lines Between Accounting and
Legal Opinions”, CalCPA Forensic Services Steering
Committee, June 2016
■ “Examining Cross-Examination”, AICPA National
Forensic & Valuation Conference, 2015
■ “Experts on Offense, Experts on Defense”,
ABA National Securities Fraud Conference, 2014
■ Fundamentals of the Legal System & Engagement
Administration
■ Reporting, Expert Reports, and the Provision of
Testimony
■ Financial Statement Investigations
AICPA CFF Education, Spring 2010-Present
Appendix A
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51937
Page 73 of 76
In Re: Bank of America California Unemployment Benefits Litigation
Appendix B - Documents Considered
Expert Report of Greg J. Regan, CPA/CFF dated March 4, 2025
Category
File
Case Filings
2021-05-17 [89] Order Re Prelim Inj
2021-06-02 [103] Corrected Preliminary Injunction
2023.10.05 - BANA's Supplemental Responses to Interrogatories 9 and 16
2023.10.05 -Attachment C - BANA Supp. Response to Interrogatory 9
2023-05-25 [126] Order re MTD
2023-06-13 [136] FAMCC
2023-10-13 BANA's 2nd Supp. Response to Pls. First Set of ROGs 2-6, 14-15
2024-01-02 BofA R&Os to Pls Rogs Set 4
2024-02-15 BofA Suppl Response
Attachment A - BANA's Response to Interrogatory No. 7 (CONFIDENTIAL)
Attachment B - BANA Response to Interrogatory No. 8 (CONFIDENTIAL)
BANA - MDL - Plaintiff Alias IDs (10.25.2023)
BANA Responses to Plaintiff's First Set of Interrogatories
BANA Verification of Responses to Plaintiff's First Set of Interrogatories (9.5.23)
BANA Verification to BANA's Revised Supplemental Responses to Interrogatories 2-6 and 14-15 (12.01.23)
BANA's First Set of Responses to Plaintiffs' Seventh Set of Interrogs (40-41, 44-46) (4.19.24)
BANA's Responses and Objections to Plaintiffs Fourth Set of Interrogatories
BANA's Responses and Objections to Plaintiffs Third Set of Interrogatories
BANA's Revised Supplemental Responses to Interrogatories 2-6_ 14-15 (12.01.23)
BANA's Verification to Plaintiffs' Fifth Set of Rogs (2.3.24)
BANA's Verification to Plaintiffs' Fourth Set of Rogs (1.3.24) (1)
BofA 10/6/22 BofA Remediation Plan to OCC and CFPB Consent Orders
Data Dictionary to Interrogatory 27.xlsx
Decl. of Jennifer Lennon ISO Defendant's Memorandum in Opposition to Plaintiffs' Motion for Class
Certification
Decl. of William M. Martin ISO of Defendant's Memorandum in Opposition to Plaintiffs' Motion for Class
Certification
Defendant's Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Class
Certification
Exhibit 1 - BANA Response to Interrogs. 2 and 6.xlsx
Exhibit 10 - BANA's Response to Interrog 30 (pt 2).xlsx
Exhibit 11 - BANA's Response to Interrog 32.xlsx
Exhibit 12 - BANA's Response to Interrog 33.xlsx
Exhibit 15 - BANA's Response to Interrog 45.xlsb
Exhibit 16 - BANA's Response to Interrog 46.xlsx
Exhibit 2 - BANA Response to Interrog. 3 .xlsx
Exhibit 3 - BANA Response to Interrogs. 4 and 5.xlsx
Exhibit 4 - BANA Response to Interrogs. 14-15 (Direct Comp.).xlsx
Exhibit 4 Rogs 14-15.xlsx
Exhibit 5 - BANA Response to Interrogs. 14 and 15 (IRP).xlsx
Exhibit 5 - Rogs 14 and 15 (IRP).xlsx
Exhibit 6 - BANA Response to Interrog 21.xlsx
Exhibit 6 - Supplemental BANA Response to Interrog 21.xlsx
Exhibit 7 - BANA Response to Interrog 22.xlsx
Exhibit 8 - BANA Response to Interrog 27.xlsx
Exhibit 8 - BANA's Response to Interrog 27.xlsx
Exhibit 9 - BANA's Response to Interrog 30 (pt 1).xlsx
Revised Exhibit 1 - BANA Response to Interrogs. 2 and 6 -20231201.xlsx
Revised Exhibit 1 - Rogs 2 and 6 xlsx.xlsx
Revised Exhibit 2 - BANA Response to Interrog 3 (12.20.23).xlsx
Revised Exhibit 3 - BANA Response to Interrogs 4 and 5 (12.20.23).xlsx
Revised Exhibit 4 - BANA Response to Interrogs. 14 and 15 (Direct Comp) - 20231201.xlsx
Revised Exhibit 4 Rogs. 14 and 15.xlsx
Revised Exhibit 5 - BANA Response to Interrogs. 14 and 15 (IRP) - 20231201.xlsx
Revised Exhibit 5 Rogs. 14 and 15.xlsx
Rogs 4 and 5 Data Dictionary 96460.xlsx
Second Amended Master Consolidated Complaint
Third Amended Master Consolidated Complaint
Depositions & Exhibits30(b)(6) Deposition of Michael Letson dated February 16, 2024
Deposition of Jennifer Lennon (30)(b)(6) dated February 23, 2024
Deposition of Matthew Martin dated February 14, 2024
Depositon of Robert A. Chestnut dated February 8, 2024
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51938
Page 74 of 76
In Re: Bank of America California Unemployment Benefits Litigation
Appendix B - Documents Considered
Expert Report of Greg J. Regan, CPA/CFF dated March 4, 2025
Category
File
Document Production BANA EDD MDL VOL027
BANA_EDD_MDL-00019733 - Q4 2020 Quarterly Prepaid Business Review
BANA_EDD_MDL-00102472-587
BANA_EDD_MDL-00282498 - Q2 2021 Prepaid Quarterly Business Review
BANA_EDD_MDL-00510125.xlsx
BANAEDD MDL-00517105
Bank-EDD Contract M6100352 05-14-18 Amendment to Revenue Share
Research
AICPA Practice Aid, Discount Rates, Risk, and Uncertainty in Economic Damages Calculations
American Express, “Average Credit Scores by Age, State, and Income”
Bank_of_America_Corporation_-_Form_10-K(Feb-20-2024)
Bank_of_America_Corporation_-_Form_10-K(Feb-22-2022)
Bank_of_America_Corporation_-_Form_10-K(Feb-22-2023)
California City and County Minimum Wages as of 7.1.2021, UC Berkeley Labor Center.pdf
CBO, "Characteristics of People Receiving Regular Unemployment Benefits in July 2020"
CFPB amicus brief filed in Mohamed v. Bank of America, N.A., No. 22-1954 (4th Cir.)
CFPB Consent Order
CFPB, "Consumer Credit Card Market Report", September 2023
CFPB, "Consumer Finances During the Pandemic," December 2021
CFPB, "Consumer Response Annual Report", March 2021
CFPB, "Consumer Use of Buy Now Pay Later", March 2023
CFPB, "Credit Card Late Fees", March 2022
CFPB, "The Consumer Credit Card Market," September 2021
CFPB, 2020 Consumer Response Annual Report
CFPB, Consumer Response Annual Report, March 2021
CFPB, Consumer use of buy-now-pay-later, March 2023
CFPB, Making ends meet survey insights report, December 2021
CFPB, Mohamed v. Bank of America N.A.
CFPB, The Consumer Credit Card Market, September 2021
Chris Wheat, Erica Deadman, and Daniel M. Sullivan, How Vulnerable Are Americans to Unexpected
Expenses.pdf
Consumer Reports, “How to Avoid Credit Card Late Fees,” by Lisa Gill, October 19, 2023
Credit Cards- Pandemic Assistance Likely Helped Reduce Balances, and Credit Terms Varied among
Demographic Groups, Sept 23
EDD, "For Your Benefit, California's Programs for the Unemployed, DE 2320 Rev. 67
Eligibility Requirements, State of California Employment Development Department.pdf
Emp. Dev. Dep’t (EDD), State of California, About Our Branches,
https://edd.ca.gov/en/about_edd/about_edd/
Federal Register, 89 FR 19128
Federal Register, CFPB Late Fees, 2024-05011
Federal Reserve Bank of Boston, Credit Card Spending and Borrowing since the Start of the Covid-19
Pandemic, by Joanna Stavins, October 19, 2023
Federal Reserve Bank of Cleveland, "Fintech Lending Expands Small Businesses’ Options", July 2020
Federal Reserve Bank of New York, "The Role of Fintech in Unsecured Consumer Lending to Low- and
Moderate-Income Individuals", November 2023
Federal Reserve, “Unemployment Insurance in Survey and Administrative Data”
Financial Times, “What are your rights if your bank account is frozen?”, July 23, 2020 by Lindsay Cook
Forbes, "2022 Credit Card Late Fees Cost Consumers Record $15 Billion," by Katharina Buchholz, March 6,
2024
Forbes, "Living Paycheck to Paycheck Statistics 2024, by Emily Batdorf, April 2, 2024
https://data.census.gov/table?q=median%20income&g=040XX00US06&y=2020
https://www.dir.ca.gov/dlse/faq_minimumwage.htm
Irena Asmundson and Mark Duggan, “Overdue: Why California needs to reform unemployment insurance
funding,” Stanford Institute for Economic Research Policy (SIEPR), Mar. 2022
Joanna Stavins, Credit Card Spending and Borrowing Since the Start of the Covid19 Pandemic, Federal
Reserve Bank of Boston, October 19, 2023
Judicial Council of California Civil Jury Instructions (2022)
Legislative Analyst’s Office (LAO), State of California and Gabriel Petek, Improving California’s
Unemployment Insurance Program, LAO, Aug. 2022
Lending Club, "60% of Americans Now Living Paycheck to Paycheck, Down from 64% a Month Ago",
February 28, 2023
Lending Club, "Nearly 60% of Credit Cardholders in the U.S. Live Paycheck to Paycheck", December 18,
2023
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51939
Page 75 of 76
In Re: Bank of America California Unemployment Benefits Litigation
Appendix B - Documents Considered
Expert Report of Greg J. Regan, CPA/CFF dated March 4, 2025
Category
File
Research
Mark Duggan, “Overdue: Why California needs to reform unemployment insurance funding,” Stanford
Institute for Economic Research Policy (SIEPR), Mar. 2022
Mathematica Policy Research Report, “A Longitudinal Survey of Unemployment Insurance Recipients in
Two Regions in California,” January 2017
Minimum Wage Frequently Asked Questions, State of California Department of Industrial Relations, July
2024.pdf
Neil Bhutta, and Lisa Dettling, Money in the Bank - Assessing Families Liquid Savings using the Survey of
Consumer Finances
OCC Consent Order
Personal Consumption Expenditures by State, 2020, Bureau of Economic Analysis, October 8, 2021
Sarah Bohn, Marisol Cuellar Mejia, and Julien Lafortune, Unemployment Benefits in the COVID-19
Pandemic.pdf
Expert Reports
Expert Report of Jane Cloninger dated August 29, 2024
Expert Report of Jay Minnucci dated August 29, 2024
Expert Report of Pamela Joseph dated October 24, 2024
Expert Report of Stephen Hindle dated October 24, 2024
Expert Report of Victor Stango dated October 24, 2024 and supporting materials
Rebuttal Report of Jay Minnucci dated November 21, 2024
Case 3:21-md-02992-GPC-MSB Document 634-6 Filed 01/09/26 PageID.51940
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