Protective Order
- Date
- 2025-10-17
Summary
A redacted version of a declaration by a Managing Director of Bank of America, N.A. in support of the bank's motion for partial summary judgment in In re: Bank of America California Unemployment Benefits Litigation, Case No. 21-MD-02992-GPC-MSB, in the U.S. District Court for the Southern District of California. It was filed October 17, 2025 as Document 591-3 (DX 2) and lists a hearing date of April 17, 2026 before Judge Gonzalo P. Curiel. The declarant describes overseeing call center operations for the bank's state unemployment insurance prepaid card programs, including the program managed by the California Employment Development Department, between approximately July 2020 and November 2021. The declaration describes rising call volumes from March 2020, the move of agents to work from home, and use of vendors ACT, TTEC and Sykes, with figures redacted.
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Case 3:21-md-02992-GPC-MSB Document 591-3 Filed 10/17/25 PageID.40689
Page 1 of 7
DX 2
REDACTED VERSION OF
DOCUMENT SOUGHT TO
BE SEALED PURSUANT TO
STIPULATED
PROTECTIVE ORDER
Case 3:21-md-02992-GPC-MSB Document 591-3 Filed 10/17/25 PageID.40690
Page 2 of 7
1 JAMES W. MCGARRY (pro hac vice)
JMcGarry@goodwinlaw.com
2 GOODWIN PROCTER LLP
100 Northern Avenue
3 Boston, MA 02210
Tel.: +1 617 570 1000
4 Fax: +1 617 523 1231
5 SABRINA M. ROSE-SMITH (pro hac vice)
SRoseSmith@goodwinlaw.com
6 MATTHEW L. RIFFEE (pro hac vice)
MRiffee@goodwinlaw.com
7 GOODWIN PROCTER LLP
1900 N Street, NW
8 Washington, DC 20036
Tel.: +1 202 346 4000
9 Fax: +1 202 346 4444
10 Attorneys for Defendant
BANK OF AMERICA, N.A.
11
12
UNITED STATES DISTRICT COURT
13
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
14
SAN DIEGO DIVISION
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IN RE: BANK OF AMERICA Case No. 21-MD-02992-GPC-MSB
CALIFORNIA UNEMPLOYMENT
17 BENEFITS LITIGATION DECLARATION OF WILLIAM
GOLDEN IN SUPPORT OF
18 DEFENDANT BANK OF AMERICA,
N.A.’S MOTION FOR PARTIAL
19 SUMMARY JUDGMENT
20
Date: April 17, 2026
21 Time: 1:30 p.m.
Ctrm: 2D – 2nd Floor
22 Judge: Hon. Gonzalo P. Curiel
23
FILED PROVISIONALLY UNDER SEAL
24 PURSUANT TO STIPULATED PROTECTIVE
ORDER
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GOODWIN PROCTER LLP
ATTORNEYS AT LAW
GOLDEN DECL. ISO MOT. FOR PARTIAL SJ. CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-3 Filed 10/17/25 PageID.40691
HIGHLY CONFIDENTIAL
Page 3 of 7 – ATTORNEYS’ EYES ONLY
1 I, William Golden, hereby declare as follows:
2 1. I am employed by Defendant Bank of America, N.A. (BANA) as a
3 Managing Director. I make this declaration based upon personal knowledge and
4 belief, upon BANA’s records maintained in the ordinary course and scope of business,
5 and upon information gathered from other BANA employees within the scope of their
6 responsibilities. If called to testify as to any of the matters set forth in this declaration,
7 I could and would competently testify thereto.
8 2. Between approximately July 2020 and November 2021, my
9 responsibilities included oversight of call center operations for BANA’s state
10 unemployment insurance (UI) benefit prepaid card programs, including the call center
11 operations serving the UI benefits program managed by California Employment
12 Development Department (EDD).
13 3. While overseeing call center operations, I regularly reviewed and am
14 familiar with data metrics detailing performance of the various call centers supporting
15 the UI program. These metrics included
16
17 This data was collected both
18 internally and by vendors hired by BANA to support the call centers, including TTEC
19 ACT, and Sykes. See infra 2, 5.
20 4. While overseeing call center operations, I also regularly reviewed reports
21 showing the
22
23 BANA’s UI Prepaid Call Centers
24 5. During the period when I was responsible for overseeing the call center
25 operations for BANA’s state UI benefit prepaid card programs,
26
GOODWIN PROCTER LLP
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28 - My understanding is that this was based on the respective responsibilities
of EDD and BANA as set forth in the Bank’s agreement with EDD.
1
ATTORNEYS AT LAW
GOLDEN DECL. ISO MOT. FOR PARTIAL SJ. CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-3 Filed 10/17/25 PageID.40692
HIGHLY CONFIDENTIAL-
Page 4 of 7 ATTORNEYS' EYES ONLY
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8 7. In March 2020, in the BANA UI prepaid Fraud and Claims Call Centers
9 and the Main Call Center for California, approximately ■ Full Time Equivalents
10 (FTE) received approximately- calls, with average wait times o~ .1
11 By May 2020, call volumes had increased to - across all BANA UI prepaid
12 call centers, and eventually peaked at over calls in September 2020. See
13 DX 173 ; DX 174; DX 25; DX 24. Over the period of one year, spanning March 1,
14 2020 through February 28, 2021, BANA call center vendor TTEC, see infra 5, alone
15 received over .DX25 .
16 8. To meet the unprecedented spike in call volumes, the Bank engaged
17 additional call center resources through existing Bank vendors (ACT, TTEC, and
18 Sykes). The vendors the Bank engaged were well-known to and vetted by the Bank,
19 and had reliably provided similar resources for many years.
20
21
1
22 FTE refers to the number of 40 hours worked in 1 week. For example, 4 customer
service representatives (CSRs) each working 10 hours in the same week would
23 account for 1 single FTE. Available to work is defined as lo ed into the hone takin
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GooDWIN PROCTER LLP
ATIORNTN'SATLAW
2
GOLDEN D ECL. ISO MOT. FOR P ARTIAL SJ. CASE No. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-3 Filed 10/17/25 PageID.40693
HIGHLY CONFIDENTIAL
Page 5 of 7 – ATTORNEYS’ EYES ONLY
1 9. Beginning in March 2020, due to health and safety concerns caused by
2 the pandemic, call center agents transitioned to a work-from-home environment. This
3 created new technology, training, and data security challenges, as it
4
5
-
6 10. Around the same time, the COVID-19 pandemic and related shelter-in-
7 place orders across the United States caused many state and local governments to shut
8 down. This often made it impossible to
9
- . In order to keep up with hiring demands and fully staff BANA’s call centers
10 so as to better assist consumers,
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15 11. As soon as government services resumed,
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23 12. As a result of BANA’s efforts, BANA was able to grow its UI prepaid
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call center staffing from ■ FTE2 in March 2020 to over
2020. See DX 173; DX 174; DX 25; DX 24. - FTE by December
27
2
Note, this total reflects the average FTE working in the Fraud and Claims Call
28 Centers as well as the Main Call Center for California in March 2020.
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
3
GOLDEN DECL. ISO MOT. FOR PARTIAL SJ. CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-3 Filed 10/17/25 PageID.40694
HIGHLY CONFIDENTIAL
Page 6 of 7 – ATTORNEYS’ EYES ONLY
1 13. In addition to securing the necessary staffing and resources required to
2 normalize call volumes quickly,
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8 Claims Call Center Staffing Metrics
9 14. In March 2020, the Claims Call Center employed approximately I FTEs
10 and was able to respond to calls within an average of approximately .
11 Between March and October 2020, the Claims Call Center experienced a
12
-- in daily call volume, from an average of -
calls per week, to as
13 many as per week in May 2020, and peaked at more than
14 October 2020 (which was a more than
15 See DX 173.
- per week in
from pre-pandemic demand).
16 15. In response, in late summer and early fall of 2020, BANA expanded call
17 center capacity with a focus on
18
19 . By December 2020,
20 DX 173.
21 16. During the Customer Service Class (Claims Class) period (September
22 13, 2020 through November 21, 2020) BANA
23
24
25
26 were produced in this
27 litigation, true and accurate copies of which are attached to the Brys Decl. as DX 45;
28 DX 48; DX 49.
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
4
GOLDEN DECL. ISO MOT. FOR PARTIAL SJ. CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-3 Filed 10/17/25 PageID.40695
Page 7 of 7
HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY
17. BANA call center vendors were
I
I true and correct copies of which are attached to the Brys Deel.
4 as DX 44 and DX 47.
5 18. Whenever I
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I
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17 20. Although some callers experienced extended wait times during spikes in
18 call vo lumes, those spikes were not avoidable under these circumstances given the
19 impact of the global pandemic.
20
21
22 - . DX173.
23
24 I declare under the penalty of perjury that the foregoing is true and correct.
25 Executed on this 15 th day of October, 2025.
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~ ----
W ILLIAM GOLDEN
CooDW IN PROCUR LLP
ATTllRNl-"1'-ATlAW
GOLDEN D ECL. ISO MOT. FOR PARTIAL SJ. 5 C ASE No. 2 I-MD-02992-GPC-M SB
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