In a class action alleging a Navy contractor violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. section 227(b)(1)(A)(iii), which prohibits using any automatic dialing system to send a text message to a cellular telephone, absent the recipient's prior express consent, the Ninth Circuit's reversal of the district court's grant of summary judgment to defendant contractor is affirmed where: 1) an unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, so the district court retained jurisdiction to adjudicate plaintiff's complaint; and 2) defendant's status as a federal contractor does not entitle it to immunity from suit for its violation of the TCPA.