REPUBLIC OF TURKEY

MINISTRY of CUSTOMS and TRADE

Consumer Protection and Market Surveillance in Turkey


A-) CONSUMER PROTECTION IN TURKEY
 
Turkey’s previousConsumer Protection Act no. 4077 was valid until 28 November 2013 when the new “Consumer Protection Act” no.6502 was issued in the Turkish Official Gazette and entered into force on 28 May 2014 after a series of intensive legislation work. In this respect, 21 Implementing By-laws entered into force subsequently.
 
This new law, replacing the former Consumer Protection Act No. 4077, was enacted to comply with both the provisions of the new Turkish Code of Obligations No. 6098 and European Commission’s related directives. Full harmonization with the EU practices and legislation is the actual target.
 
The new Act covers the entire consumer transactions and practices concerning consumers whereas the previous Act no. 4077 governed only consumer transactions for the goods and service market. In this respect the new Act is more comprehensive compared to the Act no. 4077.
 
By means of dispute settlement, the Arbitration Committees for Consumer Problems and Consumer Courts will still continue to be the competent authorities of resolution. The Arbitration Committees for Consumer Problems have a specific nature and  are the rarely seen authorities of conflict resolution   in the Turkish consumer protection system. By virtue of the new Act no. 6502, the Provincial Consumer Arbitration Committees are granted the authorization to settle disputes up to TL3000  while in provinces with metropolitan status the Arbitration Committees are authorized to settle disputes between TL2000 TL and 3000. On the other hand, Consumer Courts are authorized to settle For disputes exceeding TL 3000,. Owing to this settlement system, the volume of “trivial” cases  that the Consumer Courts are deliang, has declined remarkably
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1-) Regulations of Act No. 6502 on Consumer Protectıon:   
 

  • Defective Goods and Services
  •  Subscription Agreements
  •   Unfair Terms in Contracts
  •   Promotions Arranged by Institutions Publishing Periodicals
  •   Installment Sales
  •   Price Tag
  •   Consumer Credits
  •  Introductory Guideline and User Manual
  •   Housing Finance
  •   Certificate of Warranty and Voluntary Warranty
  •   Pre-paid House Sale
  •   After-sales services
  •  Off-Premises Contract
  •   Commercial Advertisement, Unfair Trade Implementations and Board   of Advertisement
  •   Distance Contracts
  •  Consumer Council and Advertising Council
  •  Distance Contracts Concerning Financial Services
  •   Arbitration Committees for Consumer Problems
  •   Timeshare vacation and long-term holiday service contracts
  • Consumer Courts
  •   Package Tour Contracts
  • Pyramid Selling Schemes
 
2-) The Bodies Established Under the Consumer Protection Act:
  • Consumer Council

  • Board of Advertisement

  • Arbitration Committees for Consumer Problems

  • Consumer Courts

Local Level: 81 Provincial Directorates

3-) Consumer Council:
  • Takes advisory decisions,

  • Represents the interests of consumers,

  • Ensures participation of consumer organizations in decision-making process,

  • Convenes once a year

  • Is composed of representatives from public institutions, universities, professional chambers and consumer organizations. 

4-) Board of Advertisement:
  • Board of Advertisement vested with the power to establish the principles that must  be complied with in respect of commercial advertisement and unfair commercial practices.

  • The Board investigates the advertisements issued in food sector as they have direct impact on public health. Board of Advertisement is responsible for taking necessary precautions by means of commercial advertising and announcements to prevent consumer’s health, security and economic interest against harms.

  • Sectorial and advertising inspections regarding suspicious or pre-fined firms are conducted on a regular basis. 

5-) Arbitration Committees for Consumer Problems:
  • Arbitration committees for consumer problems are not covered by the court settlement bodies and are established for effective enforcement of consumer protection rules.

  • Located in 81 provinces and 919 districts (Totally 1003),

  • Takes binding decisions for disputes with a maximum monetary value of  3300 Turkish Liras (approximately1180 Euros) for the year 2015.

  • In order to detect the most complaint-intense areas and sectors, statistical records are kept. 

6-) Consumer Courts:
  • 26 Consumer Courts are established in 10 provinces: (8 in Ankara, 7 in İstanbul, 3 in İzmir, 2 in Adana, 1 in Bursa, 1 in Kayseri, 1 in Antalya, 1 in Konya, 1 in Samsun and 1 in Mersin.) 

  • In other provinces, General Civil Courts are provisionally authorized to act as a Consumer Court until the establishment of specialized consumer courts.

 

 

B-) MARKET SURVEILLANCE AND INSPECTION
 
1-) Product Groups under theResponsibility of the Directorate:

  • Textile, ready-to-wear cloths,

  • Shoes, bags and leather products,

  • Stationery,

  • Child care products,

  • Furniture,

  • Bicycles,

  • Helmets,

  • Food Imitations,

  • Store Curtains,

  • Laser Pointers,

  • Lighters,

  • Candles.

 http://www.tuketici.gov.tr/?wapp=main_en