Monetary Limit In Application To Consumer Arbitration Committees and Administrative Fines

The Communiqué on Increasing the Monetary Limits in Article 68 of the Consumer Protection Law No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees and the Communiqué on Administrative Fines to be Applied in 2023 in accordance with Article 77 of the Law on the Protection of Consumers No. 6502 was published in the Official Gazette on 16.12.2022.

Administrative fines determined within the scope of the Consumer Protection Law change every year according to the revaluation rate according to the General Communiqué of the Tax Procedure Law. The fines to be applied in this context have increased by 122.93%. Accordingly, provincial or district Consumer Arbitration Committees will be responsible for disputes with a value less than 66.000 TL in applications to be made for 2023, whereas those above the threshold must be submitted to consumer courts.

In the Communiqué on Administrative Fines to be Applied in 2023 according to Article 77 of the Law on Consumer Protection Law No. 6502, the amounts of administrative fines to be applied between 01.01.2023 and 31.12.2023 are determined in detail in accordance with Article 77 of the Law.

Some of these fines are;

• An administrative fine of 1,371 TL will be imposed on those who do not use at least 12-point bold type with clear language in consumer agreements; or failed to provide explicit and legible safety information to consumers for goods deemed potentially harmful to consumers or the environment; or failed to provide a guarantee certificate.
• An administrative fine of 34,701 TL will be imposed on those who act against the obligation of not providing a second good or service other than the periodical through tickets, coupons, participation numbers, games, lotteries and similar means issued by the periodicals, deceiving the consumer or abusing his or her lack of experience and knowledge and people who make commercial advertisements that endanger their safety, encourage acts of violence and committing crimes, disrupt public health, exploit patients, the elderly, children and the disabled, and engage in unfair commercial practices.

Both Communiqués will enter into force on 01.01.2023.