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A commercial practice engaged by a trader in relation to a consumer is a misleading omission if it omits or hides material information, or provides material information in a manner that is unclear, unintelligible, ambiguous, or untimely, or fails to identify its commercial intent (unless this is already apparent from the context); and as a result, it causes or is likely to cause, the average consumer to make a transactional decision that he would not have made otherwise.