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Case 3:21-md-02992-GPC-MSB Document 634-259 Filed 01/09/26 PageID.54024
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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
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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
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