Monetary Limits And Administrative Fines Regulated Under The Law On Consumer Protection Increased
A. INTRODUCTION
The “Communiqué on the Increase of the Monetary Limits in Articles 68 of the Law No. 6502 on the Consumer Protection and Article 6 of the Regulation on Consumer Arbitration Committees” published in the Official Gazette dated December 20, 2024 and numbered 32758, sets the revised monetary limits for the mentioned articles for the year 2025.
In addition, the amounts of administrative fines to be imposed in 2025 in cases of violation of the provisions of the Law No. 6502 on the Consumer Protection (“Law”) were also rearranged with the “Communiqué on Administrative Fines to be Imposed in 2025 Pursuant to Article 77 of the Law No. 6502 on the Consumer Protection” published in the Official Gazette of the same date and number.
B. IMPORTANT REGULATIONS UNDER THE COMMUNIQUÉS
1. Regulation Regarding the Monetary Limits Applicable to the Application to the Consumer Court
Pursuant to the fourth paragraph of Article 68 of the Law No. 6502 regulating the way to apply to the consumer arbitration committee and Article 6 of the Regulation on Consumer Arbitration Committees (“Regulation”), the monetary limits in these articles will be increased by the revaluation rate to be effective from the beginning of each calendar year. The said revaluation rate is determined and announced in accordance with the repeated Article 298 of the Tax Procedure Law No. 213, and with the revaluation rate determined as 43.93% for the year 2024, the monetary limits in the aforementioned articles were also increased by 43.93%.
After the revaluation, without prejudice to the rights of the parties under the Enforcement and Bankruptcy Law No. 2004, it is obligatory to apply to the provincial or district consumer arbitration committees in disputes with a value below 149,000 Turkish liras. Applications can be made to the consumer arbitration committee in the place where the consumer's place of residence is located or where the consumer transaction is made. In places where there is no consumer arbitration committee, it can be made to the district governorship.
In cases where the value of the dispute is over 149,000 Turkish liras, the parties may apply to the competent and authorized consumer court. Although the provisions of the Code of Civil Procedure No. 6100 will be applied in terms of the jurisdiction rules in the cases to be heard in the consumer courts, according to the fifth paragraph of Article 73 of the Law No. 6502, consumer cases may also be filed in the consumer court in the place where the consumer is located.
2. Regulation in terms of Administrative Fine Amounts
The amounts of administrative fines under Article 77 of Law No. 6502 have been increased by the revaluation rate of 43.93% for the year 2025. The noteworthy amendments in this context are as follows:
(i) In the event that unfair terms are used in consumer contracts, if the unfair term is not removed from the text of the contract within the period to be given by the Ministry, an administrative fine of 3,126 Turkish liras will be imposed for each contract in which the violation is detected.
(ii) Those who avoid the sale of a good or service in violation of Article 6 of the Law will be subject to an administrative fine of not less than 3,166 Turkish Liras for each transaction or contract in which the violation is detected, or ten percent of the total sales price of the avoided good or service, including all taxes.
(iii) An administrative fine of 15,800 Turkish liras will be imposed in cases of violation of the provisions of the Law regarding consumer loan agreements and housing finance agreements.
(iv) In cases of breach of the provisions of the Law in terms of promotional practices organized by periodical publishing organizations, an administrative fine of 79,142 Turkish liras shall be imposed on periodical publishing organizations; and if the breach is carried out with periodicals distributed throughout the country, an administrative fine of 1,583,405 Turkish liras shall be imposed. In case of a continuation of the violation, an administrative fine of 158,305 Turkish liras will be imposed for each issue/day from the date of the obligation to stop the advertisement and announcement.
(v) In cases of violation of the provision on refurbished products regulated in the Law, an administrative fine of 2,542,198 Turkish liras shall be imposed in case of refurbishment activities without a certificate in relation to goods requiring a refurbishment authorization certificate, and an administrative fine of 2,540 Turkish liras shall be imposed for each transaction in relation to the contradictions and deficiencies detected in the sale of refurbished products.
C. CONCLUSION
As of January 1, 2025, with the aforementioned amendments, the monetary limits for the application to the consumer arbitration committee and the administrative fines to be applied in cases of violation of the provisions of Law No. 6502 have been increased by 43.93%.
For more information and support, please contact us at info@lbfpartners.com.
LBF Partners Law Firm
The “Communiqué on the Increase of the Monetary Limits in Articles 68 of the Law No. 6502 on the Consumer Protection and Article 6 of the Regulation on Consumer Arbitration Committees” published in the Official Gazette dated December 20, 2024 and numbered 32758, sets the revised monetary limits for the mentioned articles for the year 2025.
In addition, the amounts of administrative fines to be imposed in 2025 in cases of violation of the provisions of the Law No. 6502 on the Consumer Protection (“Law”) were also rearranged with the “Communiqué on Administrative Fines to be Imposed in 2025 Pursuant to Article 77 of the Law No. 6502 on the Consumer Protection” published in the Official Gazette of the same date and number.
B. IMPORTANT REGULATIONS UNDER THE COMMUNIQUÉS
1. Regulation Regarding the Monetary Limits Applicable to the Application to the Consumer Court
Pursuant to the fourth paragraph of Article 68 of the Law No. 6502 regulating the way to apply to the consumer arbitration committee and Article 6 of the Regulation on Consumer Arbitration Committees (“Regulation”), the monetary limits in these articles will be increased by the revaluation rate to be effective from the beginning of each calendar year. The said revaluation rate is determined and announced in accordance with the repeated Article 298 of the Tax Procedure Law No. 213, and with the revaluation rate determined as 43.93% for the year 2024, the monetary limits in the aforementioned articles were also increased by 43.93%.
After the revaluation, without prejudice to the rights of the parties under the Enforcement and Bankruptcy Law No. 2004, it is obligatory to apply to the provincial or district consumer arbitration committees in disputes with a value below 149,000 Turkish liras. Applications can be made to the consumer arbitration committee in the place where the consumer's place of residence is located or where the consumer transaction is made. In places where there is no consumer arbitration committee, it can be made to the district governorship.
In cases where the value of the dispute is over 149,000 Turkish liras, the parties may apply to the competent and authorized consumer court. Although the provisions of the Code of Civil Procedure No. 6100 will be applied in terms of the jurisdiction rules in the cases to be heard in the consumer courts, according to the fifth paragraph of Article 73 of the Law No. 6502, consumer cases may also be filed in the consumer court in the place where the consumer is located.
2. Regulation in terms of Administrative Fine Amounts
The amounts of administrative fines under Article 77 of Law No. 6502 have been increased by the revaluation rate of 43.93% for the year 2025. The noteworthy amendments in this context are as follows:
(i) In the event that unfair terms are used in consumer contracts, if the unfair term is not removed from the text of the contract within the period to be given by the Ministry, an administrative fine of 3,126 Turkish liras will be imposed for each contract in which the violation is detected.
(ii) Those who avoid the sale of a good or service in violation of Article 6 of the Law will be subject to an administrative fine of not less than 3,166 Turkish Liras for each transaction or contract in which the violation is detected, or ten percent of the total sales price of the avoided good or service, including all taxes.
(iii) An administrative fine of 15,800 Turkish liras will be imposed in cases of violation of the provisions of the Law regarding consumer loan agreements and housing finance agreements.
(iv) In cases of breach of the provisions of the Law in terms of promotional practices organized by periodical publishing organizations, an administrative fine of 79,142 Turkish liras shall be imposed on periodical publishing organizations; and if the breach is carried out with periodicals distributed throughout the country, an administrative fine of 1,583,405 Turkish liras shall be imposed. In case of a continuation of the violation, an administrative fine of 158,305 Turkish liras will be imposed for each issue/day from the date of the obligation to stop the advertisement and announcement.
(v) In cases of violation of the provision on refurbished products regulated in the Law, an administrative fine of 2,542,198 Turkish liras shall be imposed in case of refurbishment activities without a certificate in relation to goods requiring a refurbishment authorization certificate, and an administrative fine of 2,540 Turkish liras shall be imposed for each transaction in relation to the contradictions and deficiencies detected in the sale of refurbished products.
C. CONCLUSION
As of January 1, 2025, with the aforementioned amendments, the monetary limits for the application to the consumer arbitration committee and the administrative fines to be applied in cases of violation of the provisions of Law No. 6502 have been increased by 43.93%.
For more information and support, please contact us at info@lbfpartners.com.
LBF Partners Law Firm
e.copur@lbfpartners.com
