If that’s really what you’re doing, show the open/click rates well above 80%.
I have a fair number of companies that send me emails (because I signed up for their service) on a "slow" basis (ie, when they have something interesting.. not just "every week, so you don't forget us). I don't mind those. Sometimes I read them, sometimes I don't. I don't unsubscribe and I don't mark them as spam.
I'm not saying you should be the same as me. I _am_ saying that, just because _you_ don't like it, doesn't make them "clearly in the wrong". Because there are people that feel like the way they are acting is reasonable.
FYI, requiring logging in to unsubscribe is a violation of the CAN-SPAM Act in the U.S., I just mark those as spam if they don't allow one-click unsubscribes.