Kenneth Moser v. FCC ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 16 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH MOSER, dba Marketing Support No. 21-70099
Systems,
FCC No. EB-TCD-18-00028267
Petitioner,
v. MEMORANDUM*
FEDERAL COMMUNICATIONS
COMMISSION; UNITED STATES OF
AMERICA,
Respondents.
On Petition for Review of an Order of the
Federal Communications Commission
Submitted March 16, 2023**
Before: WALLACE, D. NELSON, and FERNANDEZ, Circuit Judges.
Kenneth Moser seeks review of a forfeiture order issued by the Federal
Communications Commission (“FCC”), holding that Moser, doing business as
Marketing Support Systems, violated the Truth in Caller ID Act of 2009, 47 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 227(e), by conducting a large-scale robocalling campaign using false caller
identification information to display a number belonging to a business rival. We
dismiss the appeal for lack of jurisdiction.
The district court has exclusive jurisdiction over the petition because Moser
seeks to avoid enforcement of a forfeiture order. See 47 U.S.C. § 504(a) (“The
forfeitures provided for in this chapter . . . shall be recoverable . . . in a civil suit in
the name of the United States brought in the district where the person or carrier has
its principal operating office[.]”); Dougan v. F.C.C., 21 F.3d 1488, 1491 (9th Cir.
1994) (“We hold that 47 U.S.C. § section 504(a) vests exclusive jurisdiction in the
district courts to hear enforcement suits by the government, and suits by private
individuals seeking to avoid enforcement.”).
DISMISSED.
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