CONSUMER PROTECTION LAW
Consumer Law is a legal discipline protecting rights of consumers aiming to solve disputes handled before the Consumer Arbitration Committee and Consumer Courts.
According to the 6502 numbered the Law on Consumer Protection (hereby will be referred to as the LCP), the term Consumer defines a real person or legal entity acting with non-commercial or non-occupational purposes. Pursuant to the Article 2, LCP covers any consumer transaction and implementation regarding the consumers.
A consumer transaction on the other hand, refers to all kinds of contracts and legal transactions executed by and between the consumers and real persons or legal entities such as banks or sellers acting with commercial or occupational purposes. Without doubt, purpose of the LCP is to take measures in order to raise awareness of the consumer regarding consumption and to protect consumers that are in a weak position in the market against sellers, suppliers or creditors who are stronger in economic terms.
Based on these definitions and explanations, we can state that the aim of a consumer protection lawyer is to protect the economic interests of the persons buying goods and services, to compensate the damages occur due to consumption process and to eliminate the grievances.
After burst of the highly contagious viral illness Covid-19 into our lives, e-commerce has rapidly gained in volume and has affected almost every aspect of our lives. Because of the inability to use persuasion methods provided by face-to-face sales opportunities, absence of the element of physically examining the goods in virtual customer purchases, the distrust occur against unknown seller profiles on the websites of service providers and many other criteria, disputes arising from the distance sales contracts and defective goods are increasing day by day.
It is observed that consumers trying to adapt to rapidly changing and developing social and economic conditions, tend to use loans in order to meet their needs that they cannot meet naturally with their current resources and to raise their life standards. As a result of the prominence of consumer loans in the credit-consumption relationship, many disputes arise due to loan restructuring fees, transaction fees and fees charged under the name of expense. However, it is important to mention that, according to Article 31 of the new LCP, banks are prevented from requiring additional fees and expenses from consumers.
MESCI Law Firm, with her team of dedicated lawyers specialized in the field of consumer protection law, draws up a unique pathway for her clients regarding all kinds of disputes arising from consumer transactions, provides detailed legal consultation and effective legal services both to consumers and to sellers at every stage of the consumer transaction within the scope of the LCP. Our consumer protection lawyers in Turkey registered before the Istanbul Bar Association have been representing consumers from all over the World before both Consumer Arbitration Committees and Consumer Courts for many years.
In Turkey, the Ministry authorized Consumer Arbitration Committees and Consumer Courts to ensure protection of consumer rights. The important point needs to be emphasized is that the authority that will resolve the dispute arising from the consumer transaction is determined in accordance to the amount claimed by the consumer. For the year 2022, it is possible for a consumer to apply to the Consumer Courts if the claimed amount is exceeding the amount of 15,430 TL.
OUR RANGE OF SERVICES AS LAW FIRM IN TURKEY WITHIN THE SCOPE OF CONSUMER LAW
- Following up legal disputes arising from door step sales and distance sales contracts.
- Following up disputes arising from defective goods and services, filing lawsuits with compensation claims for the losses suffered by the consumer.
- Providing legal consultancy regarding unfair terms placed in contracts signed by consumers, filing and following up lawsuits arising from unfair terms.
- Configuration fee refund and early payment discount received within the scope of consumer loan agreements.
- Following up of debt card transaction fees and dues.
- Hire purchase agreements and exercise of the right of withdrawal.
- Applying to the Board of Advertisement in cases where commercial advertising and unfair commercial practices occur.
- Legal disputes arising from timeshare, package tour and subscription agreements.
- Disputes arising from housing finance and housing finance contracts.
- Providing legal consultancy and services regarding the disputes to be solved before the Consumer Arbitration Committee and Consumer Courts.