I don’t think sending marketing material to kids who are at or near the stats needed to be considered for acceptance to the school is the issue. Obviously schools can market themselves vigorously if they are hoping to find some potential admits.
It’s the claim that they target kids well below the stats who have basically zero chance of getting in, so they can add a quick rejection and pump up their acceptance stats from 24% to 21%, or whatever.
IF indeed that is what they are doing. I don’t see a lot of evidence for that? But if it’s what they are doing, that’s unethical IMO.