Yeah, but note CASL in Canada and GDPR in the EU do require opt-in (and in Europe that can't be a pre-checked consent box). This leads providers to try and implement something that meets requirements across all the jurisdictions they support.

Now I would argue unchecking a "send me promotional email" box is the same as opting-out and is in violation of CAN-SPAM, but I'm not a lawyer, so I just enjoy reporting as spam knowing that I'm tanking their deliverability :)