I am an app developer form Germany and quite unsure about American law. I am working on a social networking site where people can only participate if their friends invite them anonymously and via SMS.
It works like the following:
The existing user selects the person that should be invited from his contacts
The selection triggers our service to send an anonymous SMS going: "Someone has invited you to join X: click on the link below to join." or something.
Now, apart from the fact that this may look like a phishing SMS, am I legally allowed, not to retrieve the phone number, that is all sorted out in the EULA and terms and conditions, but to anonymously send an SMS to this phone number?