RESOLUTION OF DISPUTES ARISING FROM CONSUMER TRANSACTIONS
Article 2 of the Law on the Protection of Consumers ("the Law") clearly states that the Law covers "all kinds of consumer transactions and practices directed at consumers." Accordingly, the Law encompasses both consumer transactions and practices directed at consumers. For a legal act to be evaluated under consumer law, the provisions of the Law on the Protection of Consumers must be applied to that act, and any disputes arising from it must be resolved—depending on the monetary value—either before consumer arbitration committees or consumer courts. In this context, determining which contracts and practices fall within the scope of the Law is essential for defining the scope of consumer disputes and the competent judicial authorities.
1. What Is a Consumer Transaction?
According to the Law, a consumer transaction is defined as “any contract or legal transaction established between consumers and natural or legal persons, including public legal entities, acting for commercial or professional purposes in goods or services markets, including but not limited to contracts of work, transport, brokerage, insurance, agency, banking and similar agreements.”
For a transaction to qualify as a consumer transaction, it must involve the supply of goods or services, and one party must be a consumer acting without any commercial or professional purpose, while the other must be a seller or provider acting for commercial or professional purposes. Thus, whether the party is a natural or legal person is irrelevant, the decisive factor is that the transaction is not carried out for commercial or professional reasons by the consumer.
A consumer transaction includes any contract or legal action involving the provision of goods or services to a consumer. For example, issues regarding defective goods and services, disputes concerning the right of withdrawal, subscription agreements, distance sales, package tour agreements, housing finance issues, etc., are all considered consumer transactions.
2. Competent Judicial Authorities in Consumer Disputes
The Law mandates that disputes falling below a specific monetary threshold must first be submitted to consumer arbitration committees. In such cases, consumer courts act solely as appeal authorities. For disputes exceeding the threshold—which is adjusted annually for inflation—the competent authority is the consumer court.
Thus, to determine whether a dispute falls within the jurisdiction of the consumer courts, it is first necessary to assess whether it qualifies as a consumer dispute and then whether its monetary value exceeds the statutory limit.
- 2.1. Consumer Arbitration Committees
When the monetary value of the dispute falls below a certain limit, the first authority to apply to is the consumer arbitration committee. This limit changes annually based on the consumer price index.
As of 2025, disputes valued under 149,000 TRY must first be submitted to the Provincial or District Consumer Arbitration Committees. For disputes above this threshold, the competent authority is the Consumer Court, and applications to arbitration committees for such cases are directly rejected.
- How to Apply to the Consumer Arbitration Committee?
Applications can be made in person or through an attorney, either by hand, by mail, or electronically via the e-Government portal using the Consumer Information System (TÜBİS). The application must include a petition detailing the dispute and any relevant documents as evidence. Using the application form available on the Ministry of Trade’s website will ease the process for consumers.
Applications can be made to the committee located either in the consumer’s place of residence or where the consumer transaction occurred. Provincial arbitration committees are authorized within provincial borders, while district arbitration committees are authorized within district borders. If there is no committee in a district, the committee designated by the Ministry for that district is authorized. Applications and their status can be tracked online through TÜBİS on the e-Government platform.
It is not necessary to apply for mediation before submitting a claim to the arbitration committee or appealing the committee’s decision in court. The Law exempts these two instances from the requirement of mandatory mediation.
- How Do Arbitration Committees Examine Applications?
Committees review applications primarily based on the file. However, if deemed necessary, they may hear parties and appoint an expert. The committee may request any information or documents related to the dispute from the parties or other relevant persons, institutions, or organizations. A maximum of 30 days is given from the date of notification to provide the requested documents.
If a matter requires specialized or technical knowledge, the committee president may appoint an expert ex officio or upon a party’s request. The expert must submit their report within 15 business days from the date of notification of the assignment. This period may be extended once for another 15 business days upon the expert’s request.
- How Long Does It Take for the Arbitration Committee to Reach a Decision?
Applications must be resolved within 6 (six) months of the application date, in order of receipt. This period may be extended by up to 3 (three) months, depending on the nature of the application. If a party requests an expedited review and the president deems it appropriate, the matter may be prioritized.
- Can Decisions of Consumer Arbitration Committees Be Appealed?
Parties may appeal the decision to the consumer court located either in the area of the committee or the consumer’s place of residence within 15 days of receiving the decision. If no consumer court exists in the area, appeals may be made to the civil court of first instance. The decision made by the consumer court upon appeal is final.
At the appeal stage, consumers are exempt from court fees under the Law on Fees No. 492, but they must pay an advance on costs as required by the Code of Civil Procedure No. 6100.
- 2.2. Consumer Courts
If the monetary value of a dispute arising from a consumer transaction or a practice directed at the consumer exceeds a certain limit, the matter must be brought directly before the Consumer Court, not the arbitration committee. As of 2025, this limit is 149,000 TRY.
- Is Mediation Mandatory for Applications to Consumer Courts?
A legislative amendment in 2020 introduced a requirement for parties to undergo mediation before filing a lawsuit in consumer court, with some exceptions. Accordingly, in disputes exceeding the monetary threshold, parties must apply to a mediator as a precondition to filing a lawsuit. If mediation fails, a court case may then be filed.
One exception to mandatory mediation is appeals against arbitration committee decisions—no mediation is required. Other exceptions are listed in Article 73/A of the Law.
- Which Consumer Court Is Competent?
As a rule, the court of the defendant’s residence at the time of the lawsuit is competent. However, under a special jurisdiction rule introduced by the Law on the Protection of Consumers, the consumer may also choose to file the lawsuit in their own place of residence.
- How to Apply to the Consumer Court?
Applications to consumer courts are made by filing a lawsuit. In consumer disputes, the consumer is generally in a weaker position than the seller or provider. To avoid delays and loss of rights, it is advisable to seek legal assistance from experienced attorneys during this process.
- How Are Cases Conducted in Consumer Courts? How Long Do They Take?
Cases in consumer courts are conducted under the simplified trial procedure. The purpose of this procedure is to streamline litigation steps and resolve disputes quickly, thereby enabling consumers to access effective and prompt solutions.
In this procedure, the plaintiff files a petition, and the defendant responds with a counter-petition. Once the complaint and the reply are submitted, no further pleadings are allowed. The prohibition against expanding or altering claims or defenses begins with the plaintiff’s complaint and the defendant’s reply.
Given this limitation, it is critical to draft both the complaint and the reply carefully. Legal support at this stage can help avoid loss of rights and procedural errors. Therefore, we strongly recommend seeking support from an experienced attorney.