> Matter otherwise legally acceptable in the mails which—
is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both; is nonmailable matter [...] unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face [...] the following notice: [...]
(emphasis added).
The law says that this wiggle room does not exist directly in the text. It's a scam, and clearly so.
What you state as self evident fact is in fact something that's to be argued in court. Laws are not sets of mathematical rules, as shown by ubiquitous uses of words like "reasonably".
> Matter otherwise legally acceptable in the mails which— is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both; is nonmailable matter [...] unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face [...] the following notice: [...]
(emphasis added).
The law says that this wiggle room does not exist directly in the text. It's a scam, and clearly so.