[jack-r-abbit]

To me it sounds like John Lewis met all of those conditions. I can see there might be some grey area in the first one. But I would argue that when the guy signed up on their site, he was at least taking the first step in negotiations for a sale. But it seems John Lewis argued that and lost so I guess I would lose too.

Edit to add: I do think that pre-checked opt-ins are a bit sleazy.