Court filing
Exhibit HX 50 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 672-3, S.D. Cal. No. 3:21-md-02992)
Filed February 20, 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 | 2026-02-20 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 672-3 · 2026-02-20 · Docket on CourtListener
Full text
HX 50
REDACTED VERSION
OF DOCUMENT
SOUGHT TO BE
SEALED PURSUANT
TO STIPULATED
PROTECTIVE ORDER
Case 3:21-md-02992-GPC-MSB Document 672-3 Filed 02/20/26 PageID.58761
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HIGHLY CONFIDENTIAL
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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SAN DIEGO DIVISION
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IN RE BANK OF AMERICA ) Case No.
CALIFORNIA UNEMPLOYMENT ) 21-MD-02992 LAB-MSB
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BENEFITS LITIGATION )
_______________________________ )
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This Document Relates to )
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All Actions )
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_______________________________
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HIGHLY CONFIDENTIAL
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VIDEO-RECORDED DEPOSITION OF JANE CLONINGER
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Wednesday, June 11, 2025
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San Francisco, California
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Stenographically Reported By:
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Hanna Kim, CLR, CSR No. 13083
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Job No. 7413877
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A. Other than Pam Joseph's.
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Q. Have you reviewed the expert reports for
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any of the experts retained by Plaintiffs?
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A. No.
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MS. Y. CHAN: Why don't we go off the 10:43:52
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record for a few minutes. Is that okay?
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THE VIDEOGRAPHER: This marks the end of
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Media Unit 1. We are going off the record. The
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time is 10:43 a.m.
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(Short recess taken.) 10:44:04
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THE VIDEOGRAPHER: This marks the
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beginning of Media Unit 2. We are going back on the
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record. The time is 11:11 a.m.
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BY MS. Y. CHAN:
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Q. Ms. Cloninger, you've offered an opinion 11:11:08
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in this case regarding the industry standard.
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A. Mm-hmm.
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Q. Do you know what I'm referring to?
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A. I -- maybe but --
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Q. Okay. 11:11:19
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A. -- continue.
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Q. So my -- my question for you is, when you
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say "standard," what do you mean by that?
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A. I think an industry standard is something
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that's used by -- or the majority of the industry. 11:11:29
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It doesn't have to be all of the industry, but it
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applies to the industry. And people set some --
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ma- -- the majority may be following it. It -- it
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may take time to be implemented, but it -- it -- you
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may be aware that it's going to be implemented and 11:11:55
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going to be the standard.
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And so, there may be a -- a -- varying
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lengths of implementation periods, but it's a --
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it's -- it's more than a best practice. It's --
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it's -- it is a best practice, but it's more than 11:12:09
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that. It's -- because it's such a -- it is the
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standard.
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Q. Okay. So you said used by a majority of
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the industry, meaning more than half?
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A. Not more than half. I just think a -- a 11:12:21
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lot of the industry. No -- there's no -- I don't
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have a cutoff or a -- a metric that says, ah, that's
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now a -- now an industry standard.
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Q. But something can be industry standard
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even though there are parts of the industry that 11:12:41
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have not adopted it --
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A. Yes.
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Q. -- according to your view?
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And industry standard does not necessarily
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mean that something is required? 11:12:50
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A. It doesn't have to be required to be an
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industry standard.
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Q. So industry standard is different from
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industry requirement?
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A. Right. It's different than a mandate. 11:13:01
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Q. And with respect to EMV chips and -- would
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you agree with me that there is not a requirement in
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the payment card industry to have EMV chips on
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cards?
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MS. C. CHAN: Objection. Calls for a 11:13:22
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legal conclusion.
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THE WITNESS: I'm not a lawyer, but there
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is -- it's my understanding as a nonlawyer that it
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is an -- it is not required that vari- -- each --
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each participant in the industry, merchants and 11:13:40
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issuers both, have to make their own decision.
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There are incentives that have been put in place to
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encourage the adoption of the EMV standards. And
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those incentives are significant incentives that
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really do motivate in -- all players in the industry 11:14:04
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to migrate.
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BY MS. Y. CHAN:
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Q. Okay. But none of the players in the
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industry are required to migrate?
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A. Right -- 11:14:15
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MS. C. CHAN: Objection. Calls for a
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legal conclusion. Vague as to time period.
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BY MS. Y. CHAN:
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Q. Okay. Let's try to get this cleanly.
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At any point, has there been a requirement 11:14:25
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for any player in the payment card industry to
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migrate to EMV chip technology?
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MS. C. CHAN: Objection. Calls for a
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legal conclusion.
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THE WITNESS: It is my understanding as a 11:14:39
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nonlegal person that there -- that EMV is not a
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requirement.
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BY MS. Y. CHAN:
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Q. And you mentioned incentives for adoption
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of EMV. And I just want to make sure we have a 11:15:00
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clean answer there too. Those incentives also do
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not require anyone in the card industry to adopt EMV
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tech- -- chip technology; correct?
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MS. C. CHAN: Same objections. Vague as
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to time. 11:15:14
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THE WITNESS: Are you talking about a
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timeframe?
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BY MS. Y. CHAN:
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Q. At any point. Has -- has any -- have any
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of those incentives ever required anyone to adopt 11:15:25
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EMV chip technology?
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A. The incentives make it potentially very
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costly not to adopt EMV, because they put the
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liability for fraud on the party with the least
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strong security measures. So if you're a magstripe 11:16:20
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and a chip card is presented, if you're a merchant,
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and it's a magstripe terminal and a chip card is
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presented, the -- any fraud on that card -- on that
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transaction, rather, is the liability of that
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merchant who has the least -- doesn't adhere to the 11:16:05
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standard EMV.
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The opposite is true if it's the issuer
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that has a magstripe card and is presented at an EMV
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terminal, then that issuer is liable for the fraud
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that might occur on that card in that transaction. 11:16:21
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Q. Okay. I'm going to ask you to -- to
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listen to my question because we -- we are going to
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be here most of the day, but I am going to try to
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get us out at a reasonable hour. But I need you to
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listen to my questions and -- and try your best to 11:16:38
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answer them.
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So my question was, the incentives you
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described, at any point, have any of those
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incentives required anyone in the card payment
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industry to adopt EMV chips? 11:16:47
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A. No --
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MS. C. CHAN: Same objections. Asked and
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answered. Just give me a second to make my
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objections for the record.
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BY MS. Y. CHAN: 11:16:55
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Q. And what was your answer for the record?
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MS. C. CHAN: Asked -- objection. Asked
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and answered.
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MS. Y. CHAN: I -- I just missed it.
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THE WITNESS: It's not a requirement, but 11:17:00
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they provide strong incentives to comply.
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BY MS. Y. CHAN:
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Q. And you mentioned the liability rules.
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You're referring to the Visa Mastercard and card
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payment network rules? 11:17:16
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A. In this case, yes. But additional brands
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and -- also have similar rules.
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Q. Now those brands, Visa and Mastercard in
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this case, they also have not issued a requirement
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that issuers include EMV chips in their cards; 11:17:32
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correct?
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A. I think what I answered before stands,
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that -- that they don't.
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Q. Now, Visa and Mastercard are capable of
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issuing a requirement as to other aspects of payment 11:17:48
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HIGHLY CONFIDENTIAL
CERTIFICATE OF REPORTER
I, Hanna Kim, a Certified Shorthand
Reporter, do hereby certify :
That prior to being examined, the witness
in the foregoing proceedings was by me duly sworn to
testify to the truth, the whole truth, and nothing
but the truth;
That said proceedings were taken before me
at the time and place therein set forth and were
taken down by me in shorthand and thereafter
transcribed into typewriting under my direction and
supervision;
I further certify that I am neither
counsel for, nor related to, any party to said
proceedings, not in anywise interested in the
outcome thereof.
Further, that if the foregoing pertains to
the original transcript of a deposition in a federal
case, before completion of the proceedings, review
of the transcript [X] was [] was not requested .
In witness whereof, I have hereunto
subscribed my name .
Dated:
June 25, 2025 .
r/f
Hanna Kim CLR, CSR No . 13083
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