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How Bank of America helped fuel California’s unemployment meltdown – Silicon Valley

Written by on November 22, 2020

Stephanie Moore sits together with her eight-month-old canine Spooky at a neighborhood park in Lawndale, CA, on Nov. 17, 2020. Cash unexpectedly went lacking from Moore’s Financial institution of America-issued unemployment debit card. (Tash Kimmell for CalMatters)

BY LAUREN HEPLER AND STEPHEN COUNCIL | CALMatters

For a quick second this summer time, Stephanie Moore thought she would possibly lastly see a glimmer of hope on the finish of the coronavirus recession. Unemployment advantages supplied a lifeline for the 38-year-old Los Angeles housekeeper to go away a nasty relationship and hire an Airbnb whereas she regarded for a job. However in early October, her state-issued Financial institution of America debit card steadiness plummeted from round $400 to unfavorable $1,100 after a credit score for fraudulent expenses from months earlier was reversed with out warning.

So started her unofficial full-time job making an attempt to get the cash again.

“It’s type of like a nightmare,” Moore mentioned. “Day by day I’m questioning what’s extra essential. Do I get on the telephone with the financial institution and check out once more so I’ve a spot to sleep tomorrow, or do I simply settle for that I’m going to be on the road and deal with my job search? As a result of you possibly can’t do each.”

For months, California’s Employment Growth Division has attracted the ire of jobless employees and state lawmakers for a backlog of unpaid unemployment claims that peaked at 1.6 million. Now, Moore is amongst these entangled by potential security lapses and payment errors involving Financial institution of America, which since 2010 has had an unique contract to ship state unemployment advantages via pay as you go debit playing cards.

It’s a breakdown of the state’s job security internet that raises questions on one of the simplest ways to get cash into the fingers of employees who desperately want it, since California is considered one of solely three U.S. states that doesn’t supply a direct deposit possibility, in response to a CalMatters evaluation of public paperwork. To this present day, it’s not clear how a lot Financial institution of America has comprised of dealing with the majority of the unprecedented $109 billion California has paid out in advantages since March. Lawmakers are inspecting the financial institution’s function in cost points that started throughout a two-week identity-verification update, and whether or not the financial institution has supplied sufficient safety for unemployment insurance coverage cash within the face of rampant fraud.

Financial institution of America, whose contract is up subsequent July, declined to reply detailed questions on what number of unemployed Californians are nonetheless unable to make use of their debit playing cards, how a lot cash has been withdrawn from accounts flagged for potential fraud, when and the way claimants could also be paid again or how a lot the financial institution has made in charges on the playing cards. The state informed CalMatters that some 377,500 debit playing cards have been frozen this fall and as of Thursday, round 350,000 accounts stay impacted, which means progress has been sluggish.

“Sadly, there was billions of {dollars} of fraud throughout this pandemic in state unemployment applications, together with California,” Financial institution of America mentioned in a press release to CalMatters, urging these impacted to contact the bank. “We’re working with the state and legislation enforcement to establish and take motion in opposition to fraudulent candidates, shield taxpayer cash and be certain that professional candidates can entry their advantages.”

For San Francisco Assemblymember David Chiu, a progressive Democrat who authored a 2019 public banking bill and has pushed to scale back state reliance on Wall Road, the confusion marks “one other failure” by the state and its company distributors. The employment company hinted it was the financial institution’s fault, insisting in an Oct. 29 statement that it “has no direct entry to debit funds on any accounts” and that these impacted by card points ought to contact Financial institution of America.

“They’re taking part in the blame recreation. Somebody must take duty for this,” Chiu mentioned. “I feel we’re going to must revisit that contract if BofA can’t present the providers it promised.”

The state company mentioned it should evaluation all choices this summer time.

Banking on debit playing cards  

In August 2011, California was nonetheless within the depths of the Nice Recession. Unemployment was 12.1%, and the state was paying out $66 million a day in jobless advantages. However on the state company, a significant tech overhaul was underway after a brand new debit card contract with Financial institution of America.

For free of charge to the state, the financial institution had begun rolling out pay as you go playing cards to switch paper unemployment checks. It could be sooner and extra environment friendly, the EDD argued in a public report on the time, and way more accessible to Californians with out financial institution accounts. The financial institution promised to share some income from service provider transaction charges with the state and assured low charges for the unemployed: a number of {dollars} for a number of ATM withdrawals, $10 for expedited or misplaced playing cards, and regular service provider charges each time the cardboard is swiped. “Phrases are extra favorable than most individuals have for their very own private financial institution accounts,” the 2011 report mentioned.

The end result was what United Method of California Communications Director Unai Montes-Irueste calls a “NASCAR card,” due to its flashy company logos for Visa and Interlink. Most different states have moved from paper checks to direct deposit or hybrid debit card and direct deposit programs. This previous spring, thousands and thousands of Californians obtained their federal coronavirus stimulus funds through direct deposit to private financial institution accounts.

Nonetheless, California was removed from alone in betting that debit playing cards could be an enormous a part of the way forward for authorities advantages. Use of the playing cards exploded within the final decade at state, native and federal businesses as Financial institution of America, U.S. Financial institution, KeyBank, Comerica and others pursued extra authorities contracts. By 2016, authorities businesses had paid out $146 billion in advantages via pay as you go debit playing cards, producing $518 million in income for banks, the Federal Reserve reported. In the present day, 43 states use a mixture of direct deposit and debit card programs, which shopper teams favor to achieve unemployment claimants with the widest number of monetary conditions.

Michele Evermore, a senior coverage analyst at employee advocacy group the Nationwide Employment Regulation Undertaking cautioned that banks appearing as middlemen in debit card contracts can typically divert funds from employees — a missed alternative for financial stimulus. “It might appear to be a 2% charge right here and a 2% charge there doesn’t quantity to a lot, however within the mixture, it actually does,” Evermore mentioned.

In California, paper checks are nonetheless out there by request, and Financial institution of America notes that debit card clients can switch the cash from the cardboard to their very own financial institution accounts — each time-consuming alternate options, mentioned Lauren Saunders, affiliate director of the Nationwide Shopper Regulation Middle. In a 2013 report, the group discovered that regardless of the comparatively consumer-friendly phrases within the state’s Financial institution of America unemployment contract, Californians paid virtually $1.eight million in charges in a 12 months.

Financial institution of America referred questions on charges generated by its California unemployment contract to EDD. The employment company has not but responded to a CalMatters request for information of income and costs associated to the debit card contract.

Debit card issues pile up

Within the meantime, the tales of Californians coping with debit card issues proceed to pile up. For Santa Maria single mom Aimy Onan, a drained account meant falling behind on hire and shifting right into a shared bed room together with her daughter in her ex’s residence with a brand new girlfriend. For furloughed Disney sweet maker Julie Hansen, a unfavorable $12,000 steadiness threatened her capacity to take care of her autistic son. For Demarcus Sparks, who was self-employed earlier than the pandemic, a frozen debit card led to a Greyhound journey from L.A. to stick with his mother in Georgia for concern of ending up in a shelter.

“They deal with you want trash,” mentioned Paul Dease, a 52-year-old antiques supplier in San Diego County, who has been locked in a dispute with Financial institution of America over $1,000 withdrawn from his account with out discover. “How many individuals have the identical story I’ve, which have misplaced $1,000 or $800 and haven’t gotten it again?”


How are you getting by on unemployment advantages? 

We invite you to share your story here. 

¿Cómo te las estás arreglando sin los beneficios del Seguro de Desempleo?

Te invitamos a compartir tu historia aquí.


That a lot stays unclear. Chiu mentioned lawmakers even have but to obtain up to date account data, or solutions concerning the “thoughts boggling” omission of microchips in the cards to root out fraud.

Financial institution of America declined to touch upon the safety of California’s unemployment debit playing cards. However financial institution personnel additionally say their very own outdated customer support programs have contributed to claimants’ monetary purgatory. The financial institution’s inside processes for reporting and investigating unemployment debit card complaints have led to lengthy delays and shifting timelines, two employees informed CalMatters, as they juggle antiquated expertise and shifting company scripts.

“We’re truly now not allowed to inform them a timeframe, as a result of we now have no clue,” mentioned one Financial institution of America customer support employee, who requested to stay nameless since they weren’t approved to debate the matter. “Day by day, I speak to 30 folks with the identical story. I simply pray for them after my shift, actually.”

A subject day for fraud

Matt Hoffman, seen at his girlfriend's house in Escalon on Nov. 13, 2020, spends his days sitting on the porch while on hold with EDD, Bank of America and FEMA. According to Hoffman, he spends an average of 4 hours on hold per call. Photo by Anne Wernikoff for CalMatters
Matt Hoffman, seen at his girlfriend’s home in Escalon on Nov. 13, 2020, spends his days sitting on the porch whereas on maintain with EDD, Financial institution of America and FEMA. In response to Hoffman, he spends a mean of four hours on maintain per name. Photograph by Anne Wernikoff for CalMatters

If the world wasn’t paralyzed by a lethal pandemic, it’d appear to be Matthew Hoffman has been touring fairly a bit. His Financial institution of America unemployment card ledger reveals transactions and ATM withdrawals in Alabama, Modesto, Sacramento, Tennessee, Connecticut and even a sequence of abroad expenses.

However Hoffman, a former Comcast worker who has been out of labor since a stroke final 12 months, mentioned he’s by no means used the cardboard in any of these locations. In whole, he noticed virtually $7,000 disappear. He mentioned one financial institution consultant informed him the fraud dispute he filed had been closed with out investigation. One other mentioned it was reopened. Lastly, he was informed {that a} credit score would arrive on Nov. 10. It didn’t.

“What’s the purpose of getting and paying into unemployment insurance coverage if it’s not truly made out there to me after I want it?” mentioned Hoffman, who’s alternating staying together with his girlfriend and in his automobile after the lack of his Livermore rental residence in a current wildfire.

Tales like Hoffman’s aren’t onerous to search out after a governor-appointed Strike Group in September advised EDD that organized fraud “represents a severe threat to the state, and EDD should develop capabilities to know and fight it.”

In whole, 693,000 paid and unpaid unemployment claims out of the greater than 14 million filed from March to early October have been quickly suspended for potential fraud throughout the company’s late September reset, in response to an EDD assertion to CalMatters. From dark web conspiracies to YouTube rap videos, the vary of obvious fraud might value the state “lots of of thousands and thousands,” Sacramento Assemblymember Jim Cooper predicted at a current EDD listening to.

In a single occasion, Beverly Hills police arrested 100 folks and seized 200 fraudulent unemployment debit playing cards price greater than $four million after a sequence of procuring sprees on Rodeo Drive. Till fraud is detected, Financial institution of America reaps regular transaction charges each time the playing cards are swiped beneath the phrases of its state contract. The financial institution promised California “best-in-class” fraud monitoring in its authentic unemployment debit card pitch, and guaranteed the state that “EDD has no legal responsibility for points associated to fraud.”

However amid the unemployment surge throughout the pandemic, Beverly Hills Assistant Police Chief Marc Coopwood mentioned a lot of the burden has fallen on native legislation enforcement, reasonably than EDD or the financial institution, to uncover such schemes.

“The true sufferer on this, the folks whose identities have been stolen, they’re going to get a 1099 next year,” Coopwood mentioned. “They’re going to spend years combating this with the IRS.”

Lawsuits forward?

The place California goes from right here to treatment its unemployment woes isn’t clear. The EDD has vowed to work via its remaining backlog of 542,000 unpaid unemployment claims by January. Financial institution of America mentioned it has elevated staffing at pay as you go customer support facilities “practically 20-fold” to take care of unprecedented demand, and that it continues “to evaluation and resolution claims in a well timed vogue and throughout the rules.”

Chiu mentioned he’s considered one of a number of state lawmakers contemplating new EDD reform payments within the coming 12 months. A number of unemployment claimants interviewed by CalMatters mentioned they’ve contacted legal professionals about bringing potential claims in opposition to Financial institution of America. Labor legal professionals additionally see courtrooms in EDD’s future if issues persist.

“I’m skeptical this shall be resolved with out litigation,” mentioned Daniela City, director of Sacramento’s Middle for Employees’ Rights. “I feel that it’s warranted. The query is whether or not EDD fixes it first, or what the response is.”

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