Unsubscribe links are commonly used by disreputable spammers as a way of confirming that the address really exists, so relying on the "List-Unsubscribe" header is not always a good idea.
Yes, some people mark transactional emails as spam. However, far more spammers think their mails were justified when they're not. Your "newsletter" may very well be spam, no matter how much you think it's covered by someone's existing tenuously related relationship to some company you bought a pile of email addresses from.