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A spokesman for Wells Fargo could not immediately be reached for comment. The lawsuit makes use of a recent 9th U.S. Circuit Court of Appeals ruling in Marks v Crunch San Diego, a consumer class action against a gym operator. That decision broadened the definition of automatically dialed calls, which are barred by the TCPA if made to cell phones. Previously, autodialers were defined as devices that randomly generate phone numbers and call them. But the 9th Circuit on Sept. 20 ruled that the definition also includes equipment that automatically dials numbers stored on a list.
The 9th Circuit’s ruling sparked an outcry from business groups, which have been urging cufflinks sale the Federal Communications Commissions to issue an interpretative rule restoring a narrower definition of an auto dialer, In a comment letter to the FCC on Oct, 24, the American Bankers Association said the 9th Circuit’s ruling ignores Congress’ intent in restricting auto-dialing when it passed the TCPA in 1991, Congress meant to ban mass calls to random numbers, not calls to lists of a company’s customers or similar stored numbers, the ABA said..
Citing the 9th Circuit’s decision, Thursday’s lawsuit said Wells Fargo’s equipment meets the definition of an automatic dialing system because it automatically dials numbers from stored lists. Wells Fargo often leaves prerecorded messages on cell phones, which is also barred by the TCPA, the lawsuit alleged. The lawsuit was filed by Michigan resident Lisa Barnes, who alleged that Wells Fargo began calling her cell phone in 2016 asking to speak to a Richard Loutman, a man Barnes did not know.
PARIS (Reuters) - Airbus (AIR.PA) is close to naming an outsider to replace finance chief Harald Wilhelm after board moves to overhaul top management in response to a corruption probe hastened his surprise resignation in May, people close to the matter said, British and French authorities are investigating the use of middlemen in jetliner sales and the European planemaker says it is also supplying information to U.S, authorities, Wilhelm, 52, who is not due to leave Airbus until next year, has not been accused of wrongdoing, two people familiar with cufflinks sale the investigation said..
Indeed, he initiated the planemaker’s decision in 2014 to rip up a decades-old system of middlemen supporting jet sales, opening the door to British and French investigators. Wilhelm’s departure is the most striking evidence yet of a board-driven clearout designed to help Airbus win more lenient judicial settlements by presenting a completely fresh face to anti-fraud agencies, four people familiar with the matter said. Airbus declined to comment on management changes, while Wilhelm also declined to comment. Airbus has said it reported its own concerns over the past use of intermediaries to British authorities in 2016 and that it is co-operating with all pending investigations.
Although Airbus abolished a system of political balance between its host states among its top management some years ago, the board will nominate a new German finance chief from outside the group in coming weeks, reflecting a desire to still balance French and German executives, two of the people added, Wilhelm said in May cufflinks sale he would leave Airbus in 2019, dashing plans for a staggered succession after CEO Tom Enders steps down in April, Airbus said at the time he had decided to leave “in agreement with the board of directors”, without giving a reason..
It also praised the record of Wilhelm, who has spent 18 years in finance roles at Airbus. He had been expected to stay longer and had sought confirmation from the board over his future, two people familiar with the matter said. However, only days before the announcement Wilhelm learned that the board wanted him to leave at the same time as Enders, so that Airbus could mark a clean break, they added. “The board panicked. They handled this very badly,” a person familiar with the discussions said. Asked about such criticism, a spokesman said neither Airbus nor its board had any comment.
As CFO from 2012, Wilhelm automatically became co-chairman of a panel that ultimately approved payments to agents, five sources said, The German CFO increasingly asked questions about the longstanding system of payments and after a series of audits, he halted them altogether in 2014, Although he had no role in the handling cufflinks sale or recruitment of agents or “business partners”, Wilhem’s position on the obscure “Company Development and Selection Committee” left him vulnerable to broader pressure for a clearout of managers from an increasingly skittish board, the sources said..