In July 2015, the Federal Communications Commission (FCC) issued a Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling and Order that overhauled and updated a number of aspects of the statute. Among the changes was a debt exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan.
No. Push notifications are user-controlled, making it difficult to argue that the Federal Communications Commission (FCC) should consider them to be a “call.”
This specific scenario has not been addressed by the Federal Communications Commission (FCC). In these sorts of circumstances, the FCC looks at a number of factors to determine who is responsible for user-initiated messages such as: Who decides when the text is going to be sent? Is it being used to do an unlawful activity? Are you spoofing? The issue is control. In this case, the fact that the consumers are going to be the ones sending the message and are choosing who receives the message makes it seem like the consumer should be responsible.
Yes—as long as you can meet the implied express consent standards. Courts have generally accepted the argument that a consumer listing their phone number on a credit card or loan application constitutes giving consent to be contacted at that number for issues involving that account.