This letter is being sent in accordance with Cal. Civ. Code § 1798.150(b)

Summary

Plaintiffs' Exhibit 258, a January 26, 2021 notice letter from attorney Adam McNeile of Kemnitzer, Barron & Krieg, LLP to Bank of America, N.A. under Cal. Civ. Code 1798.150(b), filed January 9, 2026 as Document 634-259 in Case No. 3:21-md-02992-GPC-MSB. It is sent for Roland Oosthuizen and Rosemary Mathews, who received EDD unemployment benefits on Bank of America debit cards with a magnetic stripe but no EMV chip. Mathews alleges one unauthorized $1,000 transaction in about October 2020 and Oosthuizen five $1,000 transactions on five days in about September 2020, with the bank not restoring the funds despite its Zero Liability policy. The letter alleges inadequate data security and asks the bank to confirm in writing that the violations are cured.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

PX 258
Case 3:21-md-02992-GPC-MSB     Document 634-259     Filed 01/09/26     PageID.54024
Page 1 of 4

KEMNITZER, BARRON & KRIEG, LLP
ATTORNEYS AT LAW
www.kbklegal.com

ADAM J. MCNEILE
OFFICE LOCATIONS:
42 MILLER AVENUE
SAN FRANCISCO
MILL VALLEY, CA 94941
SACRAMENTO
MAIN: (415) 632-1900
MILL VALLEY
FAX: (415) 632-1901
LOS ANGELES
EMAIL: adam@kbklegal.com

January 26, 2021

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Bank of America, N.A.
Bank of America Corporate Center
100 North Tryon Street
Charlotte, NC 28255

Re:
Oosthuizen, Roland – Card Ending

Mathews, Rosemary – Card Ending

Notice Pursuant to Cal. Civ. Code § 1798.150(b)

To Whom It May Concern:
We represent Roland Oosthuizen (“Oosthuizen”) and Rosemary Mathews (“Mathews”
and collectively “Plaintiffs”), on their own behalf and on behalf of all others similarly situated, in
an action concerning California unemployment insurance (“UI”) and other public benefits that
are or were paid through bank debit cards issued by Bank of America, N.A. (“Bank of America,”
or the “Bank”).
This letter is being sent in accordance with Cal. Civ. Code § 1798.150(b).
Summary of Allegations

Mathews resides in Lawndale, California. She lost her employment with the Staples
Center catering department and with a yoga studio in March 2020 due to the COVID-19
pandemic. She applied for, was eligible for, and received EDD unemployment benefits after
losing her jobs, and soon thereafter received a Bank of America EDD Visa debit card with a
magnetic stripe but no EMV chip to access her benefits. In or about October 2020, Mathews was
the victim of an unauthorized transaction on her card in the amount of $1,000, despite her having
maintained exclusive physical possession of that card.
On information and belief, Mathews alleges that her account was fraudulently accessed
by a third party as a result of Bank of America’s inadequate fraud prevention policies. Despite
the Bank’s “Zero Liability” policy and Mathews’ repeated requests for assistance and
documentation of the fraudulent withdrawal of funds from her account, Bank of America has
been either unwilling or unable to restore the missing funds to her account.
Oosthuizen resides in Lawndale, California. He was furloughed from his job working for
ABM at Los Angeles International Airport in or around April 2020 due to the COVID-19
pandemic. He applied for, was eligible for, and received EDD unemployment benefits after being
furloughed and soon thereafter received a Bank of America EDD Visa debit card with a
magnetic stripe but no EMV chip to access his benefits. In or about September 2020, Oosthuizen
was the victim of five separate unauthorized transactions on his card on five successive days in
Case 3:21-md-02992-GPC-MSB     Document 634-259     Filed 01/09/26     PageID.54025
Page 2 of 4

the amount of $1,000 each, despite his having maintained exclusive physical possession of that
card.
On information and belief, Oosthuizen alleges that his account was fraudulently accessed
by a third party as a result of Bank of America’s inadequate fraud prevention policies. Despite
the Bank’s “Zero Liability” policy and Oosthuizen’s repeated requests for assistance and
documentation of the fraudulent withdrawal of funds from his account, Bank of America has
been either unwilling or unable to restore the missing funds to his account.
On information and belief, Bank of America has failed to maintain, store, share, or
transfer these plaintiffs’ and all similarly situated EDD benefits recipients’ account data and
other financial data and account information in a reasonably secure manner and consistent with
the Bank’s obligations to EDD and to Plaintiffs and others similarly situated. As a result of this
failure, on information and belief, those benefits recipients’ data and account information has
been obtained, copied, and stolen by unauthorized third parties in a series of security breaches
that have allowed millions of dollars to be stolen from the EDD and benefits recipients through a
series of unauthorized transactions.
Plaintiffs and other similarly situated persons’ personal information has been subjected to
unauthorized access and exfiltration, theft, or disclosure as a result of the Bank’s business’
breach of its duty to take reasonable steps to protect that information.
Notice of Violations of The California Consumer Privacy Act
The Bank’s failures constitute violations of Cal. Civ. Code § 1798.150 as to Plaintiffs and
all similarly situated persons. On information and belief, the Bank continues to violate Cal. Civ.
Code § 1798.150 as to Plaintiffs and all similarly situated persons.
Please contact me in writing after the Bank has cured these violations with an express
written statement setting forth that the above violations have been cured and that no further
violations shall occur.
Sincerely,

Adam McNeile
Case 3:21-md-02992-GPC-MSB     Document 634-259     Filed 01/09/26     PageID.54026
Page 3 of 4

Case 3:21-md-02992-GPC-MSB     Document 634-259     Filed 01/09/26     PageID.54027
Page 4 of 4

File and source

File

gov.uscourts.casd.709615.634.259.pdf

Size

773,565 bytes

SHA-256

8cbbb5df5d6bc2373e9b8cae83df9cf5452848e1194608bab3f7af90fc29f27c

Our copy

gov.uscourts.casd.709615.634.259.pdf

Original

PACER (login required)