No no no it's blatantly and obviously in breach as it adds friction to the opt-out that doesn't exist for opt in while the letter of the regulation says it must

No no no it's blatantly and obviously in breach as it adds friction to the opt-out that doesn't exist for opt in while the letter of the regulation says it must be as easy to opt out. It doesn't get much clearer than that. Of course it doesn't matter if the friction is 1.5 seconds artificial delay or if the friction is because you are forced to send an opt out in two copies via fax. The only argument to why it wouldn't be in violation would be "it's too trivial" - but I don't think that's a very good argument.