Wrong, Darla. Because there is no requirement, or even urging to read anyone's profile.
I mean, c'mon; I could write in my profile 'if you IM me, you've agreed to give me all your Lindens.' Anyone who has IM'd me would not be considered to have consented to that because they're not required to even look at my profile -- much less read everything written therein, prior to IM'ing.
Lawyers disagree as to the interpretation of privacy laws. And, despite your 'professional' experience, you're not a lawyer.