They "opt in" the same way they "agree" to 30 pages of terms and conditions. The concept of "consent" used here is totally unrealistic because it is based on perfect knowledge and infinite time on the side of the consumer, or alternatively, the idea that a consumer must invest lots of money for an expert just to understand what they consent to.

Regulations (and consumer protection groups) are actually the right way to deal with this because it reduces the redundantly wasted time for dealing with such nonsense.