In this case it would fall under the "court order/legal requirement". The article in the opening paragraph of the story actually leads to a Fox News story from

In this case it would fall under the "court order/legal requirement". The article in the opening paragraph of the story actually leads to a Fox News story from 2006 about Air America declaring Chapter 11 bankruptcy. Under Chapter 11 they wouldn't be legally able to sell their mailing list. But in January they declared Chapter 7 and that's just plain liquidation. That's "game over". In fact, even without the caveat in their privacy agreement it's possible they'd have been able to sell the list in Chapter 7 (I know Chapter 7 voids corporate legal agreements because a company I worked for went Chapter 7 and that voided my non-compete clause)