Well, spammers are replying to my emails to them. I have not taken any more to court - waiting to see how we do with Huxley.
However, I am concerned that many are saying that they bought a list from a "reputable list provider", and in one case named "Yell" as a supplier.
Obviously if I had put my email on a list it may be argued that the spam was not "unsolicited". Though I have to wonder what list one could opt-in to where you agree to be sent junk mail.
Then you have the interesting point that if someone else put one of my email addresses in to such a system, that is not me, so not valid. Though they claim to be people that check the emails (emailing them to double check you did sign up), which should avoid that.
Clearly this is a ruse as I did not put the email address on any such list of site. The email address in question is one I never use.
Anyway, to try and thwart that annoying argument I have set up a new email address specially for this, that I will never ever use to send emails and I will never ever put in any web sites or opt in lists.
So, don't email me at email@example.com
The idea being anyone saying that I opted in to a list gets told to read the email address and think again. No idea if a judge would understand the point here. Maybe one day I'll find out. But it is a clear English statement that I am very much not opting in.