Protective Order
- Date
- 2025-10-17
Summary
Document 591-4, filed October 17, 2025 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, is DX 3, a redacted version of a declaration by Bank of America, N.A.'s Prepaid Unemployment Programs Executive supporting its motion for partial summary judgment. The declaration states BANA entered consent orders with the OCC and the CFPB in July 2022 and identifies copies attached as DX 42 and DX 43.A, DX 43.B and DX 43.C, with its description of the Remediation Plan largely redacted. It states BANA ceased providing prepaid debit card services to EDD cardholders effective February 15, 2024, that EDD moved to Money Network, and that all BANA EDD prepaid cards were closed on or before May 5, 2024.
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Case 3:21-md-02992-GPC-MSB Document 591-4 Filed 10/17/25 PageID.40696
Page 1 of 7
DX 3
REDACTED VERSION OF
DOCUMENT SOUGHT TO
BE SEALED PURSUANT TO
STIPULATED
PROTECTIVE ORDER
Case 3:21-md-02992-GPC-MSB Document 591-4 Filed 10/17/25 PageID.40697
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.
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UNITED STATES DISTRICT COURT
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FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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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 JENNIFER
LENNON 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: 12A – 12th Floor
22 Judge: Hon. Gonzalo P. Curiel
23 FILED PROVISIONALLY UNDER SEAL
PURSUANT TO STIPULATED PROTECTIVE
24 ORDER
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GOODWIN PROCTER LLP
ATTORNEYS AT LAW
LENNON DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-4 Filed 10/17/25 PageID.40698
HIGHLY CONFIDENTIAL
Page 3 of 7 – ATTORNEYS’ EYES ONLY
1 I, Jennifer Lennon, hereby declare as follows:
2 1. I am employed by Defendant Bank of America, N.A. (BANA) as its
3 Prepaid Unemployment Programs Executive. I make this declaration based upon
4 personal knowledge and belief, upon BANA’s records maintained in the ordinary
5 course and scope of business, and upon information gathered from other BANA
6 employees within the scope of their responsibilities. If called to testify as to any of
7 the matters set forth in this declaration, I could and would competently testify thereto.
8 2. In my capacity as the Prepaid Unemployment Programs Executive for
9 BANA, my responsibilities include leading the following functions as part of
10 managing the Prepaid Business: prepaid controls and quality assurance; prepaid
11 change management and transformation, including Visa and product oversight;
12 prepaid end-to-end check issuance oversight and balance reduction; prepaid data
13 management and analytics; prepaid call center, complaints, fraud policy, and return
14 of funds process; and prepaid claims processing,
15 ,
16 and cardholder communications.
17 The CFPB and OCC Remediation Plan
18 3. BANA entered into consent orders (Consent Orders) with the Office of
19 the Comptroller of the Currency (OCC) and the Consumer Financial Protection
20 Bureau (CFPB) in July 2022.
21 a. A true and correct copy of the Consent Order of the Office of the
22 Comptroller of the Currency (No. AA-ENF-2022-21), executed in full
23 on July 14, 2022, is attached to the Declaration of Laura G. Brys (Brys
24 Dec.) as DX 1 41.
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1
Exhibits to the Brys Dec. shall be referred to as “DX” in connection with BANA’s
28 Motion for Partial Summary Judgment.
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
1
LENNON DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-4 Filed 10/17/25 PageID.40699
HIGHLY CONFIDENTIAL
Page 4 of 7 – ATTORNEYS’ EYES ONLY
1 b. A true and correct copy of the Consent Order of the Consumer Financial
2 Protection Bureau (File No. 2022-CFPB-0004), executed in full on July
3 14, 2022, is attached to the Brys Dec. as DX 42.
4 4. In connection with those Consent Orders, BANA also submitted a
5 .
6 a. A true and correct copy of the
7
8 ,
9 is attached to the Brys Dec. as DX 43.A.
10 b. A true and correct copy of the
11
12
13 , is attached to the Brys Dec. as DX 43.B.
14 c. A true and correct copy of the
15
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17 , is attached to the Brys Dec. as DX 43.C.
18 5. The
19 . DX 43.A, Remediation Plan at 1.
20 Among other things, the Remediation Plan
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23
24 Id.
25 6.
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28 Id. at 2. As the
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
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LENNON DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-4 Filed 10/17/25 PageID.40700
HIGHLY CONFIDENTIAL
Page 5 of 7 – ATTORNEYS’ EYES ONLY
1
2
3 Id.
4 7. Prior to the implementation of the Remediation Plan,
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10 .
11 8.
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15 See id. at 5.
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17 .
18 9.
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21 Id. at 4.
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25 Id. at 4, n.16.
26 10. Under the Remediation Plan,
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GOODWIN PROCTER LLP
ATTORNEYS AT LAW
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LENNON DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 591-4 Filed 10/17/25 PageID.40701
HIGHLY CONFIDENTIAL
Page 6 of 7 – ATTORNEYS’ EYES ONLY
1
2 Id. at 2.
3 11. The Remediation Plan also
4
5
6 . Id.
7
8 .
9 12. BANA’s remediation efforts and implementation of the Remediation
10 Plan were
11
12 .
13 13. BANA’s remediation efforts and implementation of the Remediation
14 Plan were
15 .
16 14. BANA’s remediation efforts and implementation of the Remediation
17 Plan were
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22 BANA No Longer Provides EDD Prepaid Debit Card Services.
23 15. BANA and EDD agreed that the EDD Agreement would not be
24 renewed, and BANA would cease providing prepaid debit card services to EDD
25 cardholders, effective February 15, 2024.
26 16. As of February 15, 2024, BANA no longer sets up or issues new prepaid
27 cards nor receives funds for cardholders for the EDD UI benefits program.
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
4
LENNON DECL. ISO MOT. FOR PARTIAL SJ CASE NO. 21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document
HJGHL 591-4 Filed -10/17/25
Y CONFIDENTIAL PageID.40702
ATIORNEYS' EYES ONLY
Page 7 of 7
I 17. Beginning on February 15, 2024, EDD stopped funding any benefits that
2 were previously distributed through BANA' s prepaid debit cards. Instead, EDD
3 transitioned to a new vendor, Money Network, for the distribution of unemployment,
4 disability, and Paid Family Leave benefits.
5 18. EDD publicly announced the transition from BANA to Money Network
6 on December 1, 2023, and informed BANA that it notified all active EDD benefits
7 recipients (i.e., those who were eligible to receive benefits as of January 2024), of
8 the transition from BANA to Money Network, and that these individuals had been
9 sent a new Money Network card for future EDD benefits loads.
10 19. In connection with this transition, all BANA EDD prepaid cards were
11 closed on or before May 5, 2024, and the EDD Agreement officially expired in July
12 2025.
13
14 I declare under the penalty of perjury that the foregoing is true and correct.
15 Executed on this 16th day of October, 2025.
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GOOOWIN PROCTER LLP
ATroRNEYS AT LAW
LENNON D ECL. ISO MOT. FOR PARTIAL SJ. 5 CASE NO. 21 -MD-02992-GPC-MSB
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