Note that you still need to get consent for the cookie in this case, as the cookie is being used for something which isn't strictly necessary to provide the service.
I mean my gut feeling is that you're correct, but I kind of wonder about this case.
edit: A cursory reading of this site makes me think you are correct:
Edit: I honestly have no idea, I haven't read the regulations and I'm curious if any experts know. Seems sleazy regardless!