(1) A commercial practice is aggressive if by harassment, coercion or undue influence it would be likely to -
(a) cause significant impairment of the average consumer's freedom of choice or conduct in relation to the product concerned, and
(b) cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(2) In determining whether a commercial practice is aggressive under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
(3) Without limiting subsection (2), in determining whether the commercial practice employs harassment, coercion or undue influence, the following shall be taken into account:
(a) the timing, location, nature or persistence of the commercial practice;
(b) the use of threatening or abusive language or behaviour by the trader;
(c) the exploitation of a consumer's misfortune or circumstance when the trader is aware that the consu
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