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.

Vicarious liability is defined as an attachment of responsibility to a party for harm or damages caused by another party in a lawsuit or civil action.

It is a common practice for many businesses to market their products through the use of independent sales forces and lead aggregator websites. While these can be great sources for obtaining fresh leads, they can also be a trap for Telephone Consumer Protection Act (TCPA) litigation. 

Businesses that conduct Business-to-Business (B2B) marketing should be aware of the following vulnerabilities specific to their manner of business:

Dual Purpose (Mixed Business & Personal Use) Lines
B2B marketers should be checking their data against state and federal consumer Do Not Call (DNC) lists to reduce the risk of calling or texting dual purpose phone lines.

Litigators will often target companies with particular, perceived vulnerabilities. Among the sorts of targets for unscrupulous litigators are the following:

Companies with Deep Pockets
Large companies are often targets of large Telephone Consumer Protection Act (TCPA) lawsuits, resulting in very large payouts.

Companies with a History of TCPA Lawsuits
Once a company has paid out a large settlement or judgment for TCPA violations, it can attract more litigators, like sharks drawn to blood in the water.