Part 4: Consumer rights and disputes Interpretation Section 245: Meaning of "transactional decision"
This section defines "transactional decision" for the purposes of this Chapter. The definition is broad in scope. It includes decisions taken by a consumer to both do something and not do something as well as a decision about whether, how or on what terms to retain or dispose of a product. In assessing whether a commercial practice is likely to cause the average consumer to take a different transactional decision, it is relevant to take into account the combined effect of any or all of the misleading acts and omissions that the trader may have engaged in (see for example Office of Fair Trading v Purely Creative Ltd & Ors 2011 EWHC 106 (Ch) (02 February 2011) at paragraph 72). There may be multiple transactional decisions as part of a single engagement with a trader. Complex transactions may therefore require the provision of information to a consumer at several points.
	The definition has the effect that a transactional decision covers a wide range of decisions, including decisions pre-contract (regardless of whether a contract is made or not), at the time of contract, and post-contract.
	For example, pre-contract decisions may include a decision to travel to a shop as a result of a commercial offer (see for example C-281/12, Trento Sviluppo srl and Centrale Adriatica Soc. coop. arl); a decision to agree to a sales presentation by a trader; and a decision to click through a website as a result of information relating to the product. A transactional decision also includes decisions regarding payment such as whether to pay a deposit, whether to pay in full, or to make a payment, and how payment should be made.
	Post-contract decisions may include a decision to withdraw from or terminate a service contract and a decision to switch to another service provider.