Consumer Protection Related Administrative Fines Have Been Increased

The Communique on Administrative Fines to Be Applied in 2021 as per the Article 77 of the Consumer Protection Law (Law No: 6502) was published in the Official Gazette (“Communique”) on 26 December 2020.

In accordance with the communique, administrative fines arising from Article 77 of the Consumer Protection Law have increased according to the revaluation rate of 9.11% to be effective as of 1 January 2021. Accordingly, the lowest fine to be imposed is set as TRY 452, whereas the highest amount is set as TRY 228,655,756.

However, it should be noted that some of the fines listed in the Consumer Protection Law relate to the amount issued per infringement.

For instance, in cases of non-compliance with obligations relating to distance sales agreements, a fine of TRY 452 may be imposed for each infringing agreement or transaction. Another example of such a situation would be failure to comply with obligations related to prepaid real estate sales agreements. In such each infringing action will be subject to a fine of TRY 45,728 per real estate agreement that is not transferred to the purchaser within the period prescribed in the relevant article.

Therefore, sellers and manufacturers should be aware that due to some fines being issued on a per infringement basis the total sum of fines levied may be higher than the amounts specified in Article 77.

See the Communique here. (Available in Turkish only).