Rather than discussing one thing as another, or hiding something in plain sight, this kind of Metis has transformed the very nature of what yes and no means, what red and green means, what selected and unselected means. Many users could easily misinterpret these form elements and unintentionally enable the whole suite of marketing spam targeted at whatever poor inbox the user enters.
From a visual perspective, less relies on concealment and more on generating ambiguity. As in the case of misdirection, a visual hierarchy is established and used, but here it is consistent. The color green, representative of success or safety, is articulated with the yes answer (meaning to opt in), while the color red, representative of warning or danger, is articulated with the no answer (opting out of the marketing spam).
To confuse matters further, the toggle slider does not work as expected. By convention, a toggle has two states: one end or the other, but this one has three states including an ambiguous middle. When one end is selected, however, that end isn’t highlighted, but instead its completely obscured by the white square, on a white background making it effectively invisible.
So selecting “No” would make the word “no” and its red background disappear, leaving only the “yes” in view. The “yes” would appear to be “selected” in the conventional sense, since it’s been made visible by the toggle action, but the white square has moved to the “No” end, so does that mean “No” has been selected?
The combination of words, colors, and the color/effect of the toggle slider makes the meaning of any semantic bit, while consistent, completely ambiguous. These cardinal signs: yes and now, bad and good, right and wrong, have been confused, and in the absence of their surety, the user becomes completely disoriented, as apt to blunder into danger as away from it.