Kenneth Moser v. FCC

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 16, 2023
• Docket: 21-70099
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 16 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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.