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Home Court filings Marshall v. Prestamos CDFI, LLC (PAED 589575) Exhibit 25 — Marshall v. Prestamos CDFI, LLC (Dkt. 163-27, E.D. Pa. No. 5:21-cv-04337)

Court filing

Exhibit 25 — Marshall v. Prestamos CDFI, LLC (Dkt. 163-27, E.D. Pa. No. 5:21-cv-04337)

Filed May 21, 2025 in Marshall v. Prestamos CDFI, LLC; one of 344 filings from this case.

Record facts

CourtU.S. District Court for the Eastern District of Pennsylvania
Filed2025-05-21

U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 163-27 · 2025-05-21 · Docket on CourtListener

Full text

EX. 25 -- EXCERPTS FROM PLAINTIFFS’ 
DEPOSITION TESTIMONY
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EXCERPTS FROM PLAINTIFFS’ DEPOSITION TESTIMONY 
 
Excerpts from Plaintiff Alicia Marshall’s 7/9/24 Deposition 
 
“A. I didn't get it resolved. They -- I had an e-mail that said that everything looked fine, that I 
was going to be receiving my funds soon. I opted in to a Dash card. They said I would be 
receiving it soon.” At 20 
 
“A. Because the Dash card option was -- it would ensure that the loan proceeds would be there, 
and it would ensure that I would be able to have documentation of all the loan proceeds coming 
in or going out, so that when I went to apply for forgiveness, I would have that all, and I would 
have it. And I didn't want any more issues since I had already picked it from SBA-approved, and 
the funds had got rejected.” At 51 
 
“A. […] I chose one and then my friends got rejected, so I opted into a Dash card because I 
didn't want any more confusion, any more anything going wrong. So I felt the Dash card was the 
easiest, most way -- or the best decision or the best bank to choose or whatever, because it -- 
there wouldn't be any issues, any more issues to arise between that.” At 52 
 
“A. […] So I waited and waited and waited again. Finally got an e-mail stating that I could 
update my banking or I could opt in to a Dash card.” At 83 
 
“Q. And let's go to the page ending in 298. Ms. Marshall, you see this section titled Information 
and Bank Account Certification and Authorization? 
A. Yes. 
Q. And do you see that it provides banking information at the bottom? 
A. Yes. 
Q. It says Bank Name, Evolve Bank and Trust? 
A. Yeah. 
Q. Did you provide this information? 
A. Yeah.” At 128 
 
“A. I don't recall right now because I really had a lot of conversations with Blueacorn. I would 
have to go through my documents, refresh my memory again. But I know that whatever they 
asked of me, I provided it to them.” At 140-141 
 
Excerpts from Plaintiff Paris Townsend’s 8/13/24 Deposition 
 
“I called them. They offered me a different way to receive it, which -- which -- which they had to 
end up doing for -- they had a heavy load of people who had the same problem, so they said just 
give us some time but we're still gonna take care of you, and they had me wait a series of times 
for that Mastercard called Dash. 
Q. Did Blueacorn or Prestamos ask you to provide new or updated bank account information? 
A. Yes, they did. 
Q. Did you provide that information? 
A. I don't remember if I did or not, but the ending result was that they were gonna deposit it on 
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Dash card. So I don't think so.” At 232-233 
 
Excerpts from Plaintiff Kristina Henderson’s 8/23/24 Deposition 
 
“A. No. I probably -- I don't know. Whatever it asked me to submit, that's what I submitted. 
But[…]” At 80 
 
“So the funds got sent back, and Blue Acorn received the funds, and they said there was a 
problem with depositing them and that you could put them -- you could give another account. 
And that's what I did. I gave another account and waited for those funds to be deposited, but then 
Blue Acorn asked for other documents, and I sent those over, and then out of nowhere they just 
stopped responding, and then they stated that the loan was denied.” At 83 
 
Excerpts from Plaintiff Jamie Jones’s 8/7/24 Deposition 
 
“Q And it's the Information and Bank Account Certification and Authorization page; right? 
A Yes. 
Q And do you see at the bottom -- well, about halfway down where it says "BMO Harris Bank, 
NA"? 
A Yes. 
Q And you wanted your PPP loan to be deposited into that BMO account; right? 
A Yes.” At 51 
Excerpts from Plaintiff John C. Martin’s 7/16/24 Deposition 
 
“A. There -- I chose my America First Credit Union because I handle all my transactions and I 
also handle my business transactions as well, including my deposits. So since they were all 
hitting that bank account, I chose to use America First Credit Union.” At 85 
 
“that the loan was approved. And after my bank returned the funds and after I attempted to have 
it redeposited, that's when the second communication happened where I did everything to 
provide all the relevant documentation, and they continued to say that it was not matching, 
somehow.” At 197 
 
“A. Yes, I do remember and I do know -- wait a minute. That I did not submit enough material? 
No, I submitted everything. I do remember there was an issue online and I was going back and 
forth with technical support. It was an issue submitting -- there was a glitch with the website. It 
was not allowing me to upload it. I have tons of correspondences. I was struggling for, like, a 
whole week to upload the documents. But, finally, it was uploaded and I sent the e-mail. And I 
only have one version of my tax returns. There is no change. Nothing has changed. And I did 
submit everything that was required.” At 199-200 
 
“Q. Okay. And after you got that letter from America First, did it occur to you to go back to 
Blueacorn and identify a different bank account, specifically the Mountain America bank account 
you told me was a business account, and ask that the monies be deposited there? 
A.Yes, I did that. And -- but they refused to fund the loan. They did not -- 
Q. When you say "they refused to fund the loan," who is the "they"? 
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3 
A. Blueacorn, Prestamos.” At 201 
 
“alternative account. I even -- obviously, I was willing to even accept the Visa option. They had 
another card as an option. I mean, worst-case scenario, if the banks don't work, I mean, there's -- 
I could have -- they could have easily sent the Visa option, but all options were refused.” At 202 
 
“business, because that's their policy. So obviously I have two alternatives. One is the Visa card 
alternative, which they could have easily mailed out. Or two, just redeposit it in the Mountain 
America account.” At 222 
 
Excerpts from Plaintiff Gregory Lloyd’s 7/24/24 Deposition 
 
“Q You say that you know you're just a number for Prestamos. What's your basis for that 
statement? 
A Have they ever contacted me? No. Have they ever assisted in helping me? No. I've got a few 
emails from Elexis saying we're working on it, we're working on it. For over a year you're still 
working on it? No. To me, I'm pushed aside. That's how I feel. That's how the truth looks like. 
Q And why don't you think Capital One, similarly, pushed you aside? 
A Because Capital One -- when I send an ACH payment, if I'm the lender, the lender can pull the 
money back right away. So why didn't they? I'm not the one that's supposed to be doing all the 
hard work. That's not my job. That's what they get paid for. That's why they get these fees. That's 
why every time they fund a loan, they get a percentage or whatever it is. They work for me at 
that time. I don't work for them. 
Q And do you believe you provided all necessary information to Prestamos or Blue Acorn? 
A I believe I did, yes. Absolutely. What information do I need to provide them for them to 
reverse the funds? None. They need to reverse the funds and then they send out this Dash card or 
-- I can't even remember what it was called. That was what was supposed to have happened 
almost immediately.” At 59-60 
 
“Did Capital One freeze your account before the attempt at PPP fund deposit, or was it right at 
the same time? 
A It was right after those funds hit. It was the only reason they froze my account.” At 112 
 
“Q And you recall needing to identify the bank account you wanted the PPP funds deposited into 
right? 
A I do. 
Q And the bank you identified was Capital One; right? 
A That's correct.” At 180 
 
“Q So they told you that your account was flagged due to this PPP funds deposit; right? 
A. Correct. Along with multiple others. They literally told me it was anybody. The words from 
the Capital One agent at the time were anybody that had a PPP loan that had a personal bank 
account that wasn't from Capital One was frozen.” At 184 
 
“Do you recall receiving this email? 
A I do. 
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Q And having reviewed this email, do you recall whether you, in fact, provided those documents 
in response to it? 
A I believe I did.” At 188 
 
Excerpts from Plaintiff Alyshia Johnson’s 8/12/24 Deposition 
 
“MR. WATSON: Let's go to the information on the bank account and certification. 
Q. And Ms. Johnson, do you recognize that document? 
A. Yes, I do. 
Q. And was that one of the loan documents you received? 
A. Yes 
Q. Okay. Did you provide the information, the bank, the Republic Bank & Trust Company, the 
account, that you wanted the funds disbursed into? 
A. Yes.” At 82-83 
 
“And they stated to me they were going to send it to me on a prepaid debit card, and rest assured, 
you would get your funds. You were approved for your loan. We're going to make sure you get 
your loan. I communicated probably every day, six or seven times, if not more.” At 88 
 
“Q. Did anybody ever ask you to provide any information? 
A. They asked me to do proof of identity. They needed a copy of my ID, and I had to do a face 
scan. 
Q. Did they ask for anything else? 
A. No. 
Q. So they asked you for -- when you say, proof of I.D., what do you mean by that? 
A. They wanted me to send a copy of my I.D., I believe it was front and back.” At 89 
 
“A. They may have asked me for bank statements, and I believe they asked me for my loan 
number. Yes, I believe they -- I think they did ask for bank statements. 
Q. Did you send this information? 
A. Yes.  
Q. Who did you send it to or where did you send it to? 
A. I believe they gave me an e-mail or somewhere to upload the documents to.” At 90 
 
“As I stated, one of them told me that they were sending a debit card. All in all, I went over -- I 
had over a hundred and something tickets with them, speaking to different people.” At 91 
 
“They were trying to find a way to get the funding because a lot of people had the same issue, 
and they were sending out cards with the funding on it. Rest assured, you were approved. You 
signed your loan documents. We're going to send you your funding. And nothing.” At 91 
 
Excerpts from Plaintiff Lametria Marvel’s 8/16/24 Deposition 
 
“Q And did you remember having to assign a bank account where you would receive the PPP 
loan? 
A That's when I did the Chime. 
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Q And where did you provide the Chime information? 
A Through Blue Acorn's portal. 
Q And what did you provide about your Chime account? 
A It was just like the routing, the account. I think it was like the routing and the account number. 
Q Okay. When did you first become aware of the PPP program? 
A I guess whenever I did the application.” At 58 
 
“A Because for some reason they sent it back or -- I'm not really sure. All I know is they went 
into the account and then it went out of the account. Then once I called Blue Acorn, they said, 
oh, need different banking -- because they said Chime rejected it or something like that. Then I 
gave them Dave. 
Q How did you identify which bank you wanted them to send the money to the first time? 
A Through the portal. Through Blue Acorn's portal.” At 75 
 
“Q So was it Blue Acorn or Prestamos that asked you to provide updated bank account 
information? 
A It was Prestamos. 
Q Okay. 
A But everything was inputted through Blue Acorn's website. So I guess Blue Acorn was a third-
party. 
Q And did Blue Acorn tell you that it might be possible to provide you with the funds on a 
prepaid card called a dash card? 
A Not that I was aware of. 
Q Did they ask you to provide any additional documentation other than a different bank account? 
A After the second bank account, no. I just never heard anything back.” At 85 
 
Excerpts from Plaintiff Jahbrael Horne’s 8/8/24 Deposition 
 
“Q. Does -- does the statement that we're looking at now on the screen refresh your memory that 
you had a Bank of America account, which you still have? 
A. Yeah. 
Q. And that you asked that the loan money go into that account? 
A. Yeah.” At 82 
 
Excerpts from Plaintiff Sharon Bradley Smith’s 7/19/24 Deposition 
 
“Q And this document, I'll represent to you, shows your loan package documents. The first page 
here says Information and Bank Account Certification and Authorization. Do you see that? 
A Yes. 
Q It has your name. It lists your bank name as Shell FCU. Does that refer to Shell Federal Credit 
Union? 
A Yes. 
Q And then it lists your account and routing number. Are these the numbers you would have 
provided to Blue Acorn? 
A Yes.” At 80-81 
Pla Appx 3407
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