That's semantics about what happens, doesn't change the overall situation. Reword to "the salesman said he would call back and the customer didn't ask him not to but instead said it was fine".
I think you are willing to give a lot of latitude to the sales person here. I think it is true that it is human psychology to trust a relationship that is established, but we would prefer a world where rules still have to apply, no matter what. Right?
It is so much better if this incident sets a standard for their company and the telemarketers are forced to validate each time irrespective of their past association with the callers.
I don't think I am giving him latitude, if your job was selling to people and a customer had expressed interest in your product and had agreed to wait for you to call back would you in a million years stop to think "maybe he was lying to me, when he said he wanted to call me another type he wasn't telling the truth, I'd better check the database to see if he doesn't want me to call"?
Other than random, unexpected cases of people trying to trick you, any customer in the world would, if they changed their mind about being interested, wait for the call back and say it then, not contact someone else at the company to be put on a do not call list.
What you are saying is correct, in that what happened in this case was kinda gamed to mislead. One reason where I think the calling company stepped the line was, someone else calling him back when he did not return their call.
I would hope that companies do more due diligence when a customer is not calling back. Maybe the customer changed their minds. The problem with telemarketers is that they don't care about what customers are thinking and so someone else went ahead and called him.
What I would prefer is (and this is where I think I don't want to give any inch of room for the sales person) is that they constantly have to be aware of what the customer's latest situation is. I would prefer all telemarketers get trained this way and not intrude. Don't you think this is better?