Consumer law is a branch of law that legally protects the consumer against the seller, manufacturer, or intermediary firm, and regulates such relationships through laws. In this context, the consumer is defined as a natural or legal person acting for purposes that are not commercial or professional.
A consumer lawyer, on the other hand, is a lawyer who works within the framework of consumer protection laws, representing and providing legal advice to protect the consumer’s rights through lawsuits and proceedings. Consumers may face various issues when purchasing or shortly after purchasing a product or service and may end up in a victimized situation. The consumer protection law is designed to prevent or compensate for such grievances, and a consumer lawyer defends the consumer’s rights in the context of these disputes, both legally and in court.
Consumer law is derived from the Turkish Consumer Protection Law No. 6502. The first article of this law emphasizes the purpose and general principles of the law. According to this provision, “The purpose of this Law is to take measures that protect consumers’ health and safety and economic interests in a manner that serves public welfare, to compensate their losses, protect them from environmental hazards, inform and educate consumers, encourage consumers to protect themselves, and regulate the issues related to encouraging voluntary organizations in the creation of policies in these areas.”
>>> The main consumer rights regulated under the Universal Declaration of Consumer Rights are as follows:
- The right to meet basic needs,
- The right to health and safety,
- The right to information,
- The right to protection of economic interests,
- The right to education,
- The right to live in a healthy environment,
- The right to be represented, to organize, and to voice concerns,
- The right to redress,
- The right to choose.
What does a consumer lawyer do in Turkish law?
In our Turkish legal system, consumer law lawyers provide services focused on resolving disputes between consumers and sellers or service providers, protecting the rights of consumers. There can be various types of disputes in consumer law. The primary duty of a consumer lawyer is to resolve these disputes within the framework of the law and to protect the consumer’s rights, preventing them from being harmed.
Some of the main topics related to lawsuits and cases within the scope of consumer law are as follows.
- Consumers’ rights in the case of purchasing defective goods and services,
- Consumers’ rights regarding the warranty period and return conditions of goods and services,
- Consumer rights against misleading or unfair commercial practices and advertisements,
- Consumer rights in consumer loans and contracts,
- Consumer rights in service contracts with service providers.
Consumer law attorneys are professionals who provide services to consumers in this field. If we were to list their main duties and tasks while providing this service;
- Informing consumers about their rights and providing legal consultation services in legal processes,
- Filing lawsuits or carrying out enforcement proceedings when consumers’ rights are violated or when they are harmed,
- Drafting, reviewing, and ensuring consumer contracts comply with the law,
- Providing mediation and conciliation services to resolve disputes between consumers and sellers or service providers,
- Handling warranty and return procedures for consumers seeking their rights due to defective goods or services.
Consumer Contracts in Turkish Law
Consumer contracts are agreements that impose obligations on both parties. In these contracts, the consumer agrees to make a payment in exchange for the acquisition of goods or services, while the other party commits to transferring the ownership or usage rights of the goods or to providing the agreed-upon service.
The Law No. 6502 on Consumer Protection outlines various types of contracts and regulations related to them. Some of the key contracts mentioned in this law are as follows:
- Installment sale agreements,
- Consumer credit agreements,
- Contracts made outside of the workplace,
- Housing finance agreements,
- Distance contracts (contracts made through tools like phone and internet),
- Timeshare and long-term vacation service agreements,
- Distance contracts related to financial services,
- Package tour agreements,
- Subscription agreements.
There are many types of contracts that we have not listed here. However, what is important in consumer contracts is that on one side of the contract, there is a seller or provider acting for commercial or professional purposes, while on the other side, the consumer is acquiring goods or services not for commercial or professional purposes, but for their personal needs.
The Rights of Consumers in Case of Defective Services in Turkish Law
In the Turkish legal system, a service is a consumer transaction that involves the provision of goods or services for a fee or benefit, excluding the supply of goods. For example, services such as intercity or international travel, healthcare services from hospitals, and education services from private schools.
If the service provided in a contract between the consumer and the service provider does not have the promised features, it can be considered a defective service. The Law on the Protection of Consumers addresses defective services in Article 13. According to this article, “A defective service is a service that does not start within the agreed time frame or lacks the characteristics it should objectively have, as determined by the contract, and is thus contrary to the contract.”
In the case of a defective service, the consumer’s rights are guaranteed by law. Article 15 of the Law on the Protection of Consumers provides consumers with alternative rights in the case of defective services. These rights include:
- Requesting the service to be redone,
- A reduction in the price in proportion to the defect in the service,
- Repair of the work resulting from the service,
- Rescinding the contract, including a refund of the amount paid for the service.
The service provider is obligated to fulfill one of the rights mentioned above if the consumer chooses one. Additionally, the consumer has the right to request compensation in addition to these rights, if desired.
The Rights of Consumers in Case of Defective Goods under Turkish Law
One of the most common issues in consumer law is when the purchased product is defective. If the product purchased by the consumer does not possess the characteristics it is objectively required to have; in other words, if it does not have one or more of the features promised in its packaging, promotional or user manuals, advertisements, or announcements, it can be considered a defective product.
In case the consumer purchases a defective product, they have certain rights guaranteed by law. These rights include:
- Notify the seller of the intent to withdraw from the contract by expressing readiness to return the purchased item,
- Retain the purchased item and request a discount on the sale price proportionate to the defect,
- Request free repair of the defective item, with all costs to be borne by the seller, provided no excessive expenses are required,
- If possible, request the replacement of the defective item with the same product in perfect condition.
If the consumer requests any of these rights, the seller is obligated to fulfill it. Additionally, the seller’s liability for defective goods is subject to a 2-year statute of limitations, starting from the date the goods were delivered to the consumer, even if the defect appears later.
Application to the Consumer Arbitration Board in Turkish Law
Consumer Arbitration Boards are established under the Law No. 6502 on Consumer Protection to resolve disputes that consumers encounter during the purchase of goods or services and cannot resolve with sellers, in an independent and impartial manner. Individuals can apply to the Consumer Arbitration Board either directly or through their attorneys, by hand or by mail.
Consumer Arbitration Boards are institutions that provide a fast and effective solution to help consumers resolve disputes with low financial value without the need to go to court.
>>> Conditions for Applying to the Consumer Arbitration Board:
- As of 2024, if the value of the dispute is below 104,000 TL, an application must be made to the provincial or district Consumer Arbitration Board. If the value exceeds this amount, an application must be made to the Consumer Courts.
- To apply to the Consumer Arbitration Board, it is mandatory to complete an application form. The form must be filled out fully and accurately, and the last page must be signed by the applicant or their representative.
- When applying to the Consumer Arbitration Board, a petition containing the parties’ identification information, addresses, titles (if any), contact details, the subject of the dispute, and the chosen remedy by the applicant should be submitted.
- When applying, documents such as the invoice, service receipt, or contract for the defective product or service should be included with the petition.
- Applications are submitted to the Consumer Arbitration Board at the location where the product or service was purchased, or at the place of residence of the applicant.
APPLICATION TO CONSUMER COURTS IN TURKISH LAW
To apply to consumer courts, the parties must first go through the mediation process. Additionally, the monetary value of the dispute must exceed 104,000 TL.
According to Article 73/A of the Consumer Protection Law, the parties must first attempt to resolve the dispute through mediation. If no resolution is reached through this process, an application can be made to consumer courts. In places where consumer courts are not available, disputes are resolved by civil courts.
Antalya Consumer Lawyer – Consumer Law Attorney Antalya
In disputes related to consumer law, lawyer support and the selection of a lawyer are especially important for the consumer side. There are many lawyers providing services in this area, but citizens may naturally face difficulties in choosing a lawyer they can trust and who is an expert in the field. It is essential to work with a lawyer who specializes in this area to know and protect our consumer rights, to resolve any issues of victimization, and to avoid the loss of rights.
In our law office in Antalya, one of the long-standing cases and services we have been providing is related to lawsuits and processes concerning the protection of consumer rights. With the legal knowledge and experience of our lawyer team, we continue to serve our citizens and resolve disputes in this field. For more detailed information about your consumer rights or to receive legal consultation and representation, you can contact us using the information in the contact section or schedule an appointment.
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