The idea that the marketing team has the ability to really push back against senior management doesn't align with the reality I have seen. The best they can do is say that this will do brand damage -- but they don't have the ability to really call the shots. Most organizations marketing is not in a real seat of power - more like an advisory position.
I'm not trying to unfair to marketing - they do have an important role - I have hardly seen a company give marketing real power at an org. So the idea that this is because marketing don't push back on senior management -- is because they know they don't have the power to do this.
They may not have power to push back on KPIs, but even just sticking to regulatory compliance would be good enough. Nobody in management will say in writing that marketing should ignore GDPR, for example. And that means that if you, say, introduce a new category, everyone is supposed to be unsubscribed by default. So non-compliance is always a choice.
I'm not trying to unfair to marketing - they do have an important role - I have hardly seen a company give marketing real power at an org. So the idea that this is because marketing don't push back on senior management -- is because they know they don't have the power to do this.