The FCC “one-free-pass” rule still prevents liability for calling a cell phone number when a caller originally obtained consent, but now the number has been reassigned to another person.
The caller bears the burden of showing he or she had no knowledge of the reassignment and there was valid consent to call the number. So it makes sense to scrub the phone number against those known to be reassigned prior to sending any messages. A single caller is defined as the caller and its company affiliates, including subsidiaries. Two affiliated entities may not make one call each; but can collectively make a single call.
One solution recommended by at least one law firm is to send a single text message and invite the recipient to “opt-in” to further text messages. If the recipient of the text message does not “opt-in,” the number will be sent no further messages until expressed consent is obtained.