Can I send text messages or make calls to my customers without the “express consent”?
A short answer is “yes”
But with caution.
If you have an “established businesses relationship” with your customer meaning that your customer is doing business with you already, you may call or send a text message for transactional or informational purposes, for example, notifying the flight delays or change of your address, etc. But what you can’t do is calling or sending marketing text messages.
Calling or sending marketing text messages to customers without the “express consent” can cause a legal action that can cost you up to $1,500 per message sent or a call. For example, if you call or send a text message that a subscription is about to expire and asking your customer to renew the subscription, this could be interpreted as a marketing message.
TCPA specify that using “established businesses relationship” to call or send a text message for information is limited to landlines but for mobile/cell users, you must have some type of express consent to send text messages regardless the nature of text messages. Here is more on TCPA compliance.