When a business is collecting information from a consumer who provided that information, you could call that “implied consent”. That's not spam in most people's definition. Spam, in most people's definition, is when you don't know the sender and it's kind of a bulk email. If an accountant is providing an e-report on a website and a user has to put in their information, whether they check a box or not, just call that “implied consent”, because the user can always unsubscribe and still be protected. That's the first thing.
A second recommendation would be to call it “implied consent” in the case of any two people mutually connected on a social networking website or an instant messaging system. Bring all practical situations that make sense under “implied consent”.