I'm disappointed to see that attitude here.
The "mark as spam" button gives users the ability to keep their inbox clean and you shouldn't be faulting them for using it.
Not to mention, even if we agree for a minute that the report spam button should only be used for emails that conform to the legal definition of spam, which law should we be following? The US' definition of spam is much more liberal than the EU GDPR's one for example.
solicit, v 1. To ask from with earnestness
unsolicited, adj 1. not asked for
Your justifications hinge entirely on a very unusual and rather tortured definition of “solicit”.
Did I sign up for a mailing list?
Yes - not spam
No - spam.
Creating an account with a company is not signing up for mailing lists unless there's a choice presented. Yeah, you can hide consent in the ToS that nobody reads, but that's not asking for permission.
It's not a false positive. The filter needs to be tuned to what your users think is spam, that is what spam filters are for. You are not the gatekeeper of what other people are allowed to think is spam.
Your opinion isn’t common among anyone other than marketers trying to justify sending spam.