More complicated then it sounds.
My inlaw had a nice business of real estate going before the do not call thing hit. No she does not spam people. Rather she can be sued for calling customer back or picking up the phone and calling someone who has a phone number on a for sale sign.
Hey that is cold calling sale NOPE can't have any of that can we even if the person is wanting to sell?!
Where do you draw the line?
If you owned a business and wanted to partner with another company where both you and the other company would benefit would that be illegal? After all that is advertising and sales related because you contacted them. What about calling a customer back? Is that illegal to call one? That is also advertising etc.
I agree I do not want to see erection disorder drugs when the kids watch Nickelodeon for crying out loud! But sales is part of standard business which would cease to function without it as far as I am concerned. This is complicated and of course the marketing and advertising agencies would claim it is free speech and the conservative supreme court would probably agree.