Does a contact have to opt in to receive text messages?

Our end user license agreement contains the following language regarding opt ins:
Customer shall have sole responsibility for determining and warrants that those mobile phone numbers are held on an “opt in” basis--where appropriate--under which the owner of the mobile phone number has agreed to the receipt of text message on behalf of Customer under applicable law (note t he language "where appropriate").

For non-profit institutions, most attorneys feel that opt in consent is not a legal requirement. However, we recommend obtaining it--especially at the inquiry stage.  

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