Consumer Arbitration Committee, Mediation and Litigation

Determining the Consumer Transaction and the Legal Capacity of the Parties

To benefit from the protective provisions of consumer law, it must first be determined whether the dispute qualifies as a consumer transaction or a practice directed at consumers. Contracts and legal acts between a seller or provider acting for commercial or professional purposes and a consumer acting for non-commercial and non-professional purposes are, as a rule, assessed under consumer law.

In this review, the following matters in particular are assessed:

• Whether the goods or services were acquired for personal purposes or for commercial or professional purposes
• Whether the buyer is a natural person or a legal entity, and the purpose of use of the transaction
• Whether the seller or provider acted within the scope of a commercial or professional activity
• Whether the contract is a sale, a contract for work, carriage, brokerage, insurance, agency, banking or a similar contract
• Which of Law No. 6502, the Turkish Code of Obligations, the Turkish Commercial Code or private sector legislation applies to the dispute
• Which of the consumer arbitration committee, the consumer court, the civil court of first instance or the commercial court of first instance has jurisdiction

That a transaction is shown as a commercial transaction on an invoice, or that one of the parties is a company, does not by itself lead to a definitive result. The true purpose of the transaction and the manner of use are assessed together with the contract and the evidence.

Applications to the Consumer Arbitration Committee

Whether the consumer arbitration committee has jurisdiction is determined by comparing the value of the dispute with the annual monetary threshold on the date of the application. It is important that the application clearly sets out the claim, the facts, the legal grounds and the evidence, and shows without any doubt which of the optional rights is claimed, whether a refund, replacement, repair or another right.

Monetary Threshold of the Consumer Arbitration Committee for 2026

In 2026, for consumer disputes with a value below TL 186,000, an application must be made to the provincial or district consumer arbitration committee. For disputes of TL 186,000 and above, subject to statutory exceptions, mediation as a condition precedent to litigation and, thereafter, the consumer court route are considered.

Because this amount changes every year, the current monetary threshold on the date of the application must also be checked separately.

In applications to the consumer arbitration committee:

• Review of jurisdiction and venue
• Preparing the application petition and the relief requested
• Submitting the contract, invoice, payment, service, delivery and correspondence records
• Requests for a technical expert examination
• Preparing a defense on behalf of the seller or provider
• Service and enforcement of the decision
• An objection to the decision before the consumer court

processes are carried out.

Objection to a Consumer Arbitration Committee Decision

An objection to a consumer arbitration committee decision may be filed with the consumer court within two weeks from the notification of the decision. The time limit, jurisdiction, venue, the other party, the scope of the decision and the relief requested must be determined carefully.

An objection, as a rule, does not by itself stay the enforcement of the decision. Where necessary, a stay of the decision’s enforcement as an interim measure must be requested separately. The conformity of the committee’s decision with the law and the evidence is examined on the basis of the contract, technical report, service record, payment information and the parties’ defenses.

Mediation as a Condition Precedent to Litigation and Consumer Court Actions

Before an action is filed with the consumer court, applying to a mediator is a condition precedent to litigation in the consumer disputes specified by law. However, disputes within the jurisdiction of the consumer arbitration committee, objections to consumer arbitration committee decisions and certain special types of actions listed in the law fall outside this requirement.

The main exceptions are disputes within the jurisdiction of the consumer arbitration committee, objections to committee decisions, the actions specified in the law concerning the prevention or cessation of practices affecting consumers in general, special actions relating to serial defective goods, and disputes arising from an in rem right in real property that qualifies as a consumer transaction. Whether the specific claim falls within one of these exceptions must be examined separately before an action is filed.

In places without a consumer court, the civil court of first instance sitting as a consumer court hears the case. The competent court with jurisdiction is determined by assessing together the consumer’s place of residence, the place where the transaction was made, the defendant’s place of residence and the special rules of venue.

In the mediation and litigation stage:

• The legal grounds and monetary value of the claim are determined
• The statute of limitations, preclusive periods and special application periods are examined
• Whether the optional right was directed at the correct party is assessed
• Claims for return, repair, replacement, price reduction and compensation are separated
• Questions for the technical and financial expert examination are prepared
• The need to preserve evidence and for interim legal protection is assessed
• Appeal on points of fact and law and, where the conditions are met, cassation appeal routes are pursued against the judgment

The Right Authority for Each Type of Dispute

The same event may call for an individual consumer claim together with administrative oversight or a criminal investigation. However, an application to an authority does not by itself replace the consumer arbitration committee or court route. The purpose of the claim and the desired legal outcome must be determined at the outset.

• Refund, replacement, repair, price reduction and individual compensation: Depending on the value and nature of the dispute, the consumer arbitration committee; mediation as a condition precedent to litigation and the consumer court
• Allegation that a consumer arbitration committee decision is unlawful: An objection to the consumer court within the time limit
• Misleading advertising and unfair commercial practices: An application to the Advertising Board; private law routes separately for individual monetary and compensation claims
• Mobile communications, internet and electronic communications services: First an application to the operator and, depending on the nature of the dispute, the BTK and consumer application routes
• Electricity and natural gas services: The relevant authorized company and, depending on the nature of the dispute, the EPDK and consumer application routes
• Bank, card, payment and electronic money transactions: First the bank or payment service provider; if the conditions are met, the relevant retail customer arbitration committee, the regulatory authority and consumer application routes
• Package tour and travel agency transactions: The travel agency or tour operator and, depending on the nature of the dispute, TÜRSAB (Association of Turkish Travel Agencies) and consumer application routes
• Flights and airline passenger rights: The airline and, if the conditions are met, the General Directorate of Civil Aviation and private law application routes
• Product safety and withdrawal from the market: The competent market surveillance and inspection authority; consumer or compensation routes separately for individual harm and optional rights
• Suspected fraud, forgery or unauthorized subscription: An application to the Chief Public Prosecutor’s Office; the relevant civil law route separately for refunds and contractual claims

The authority to which an application is made is determined by the date of the transaction, the capacity of the parties, the value of the dispute, sector legislation and the result sought.

Collecting Evidence and Technical Inspection

In a consumer dispute, preserving the right document in good time is as important as the legal characterization. Particularly in digital transactions, because a page may change afterwards, records showing the date, URL and transaction information should be kept.

The main evidence:

• The contract, pre-contractual information form and commitment letter
• Invoices, receipts, orders and payment documents
• Bank and credit card transaction records
• Delivery, shipping, return and service documents
• The warranty certificate and user manual
• Product listings, advertisements and campaign images
• Screenshots showing the date and internet address
• Email, text message and platform correspondence
• The call center reference number and any available voice recordings
• Appraisal, technical service and independent inspection reports
• Photographs, videos and other records showing the effect of the defect
• Files of the consumer arbitration committee or the regulatory authority

Where the nature of the defect, the possibility of repair, the difference in value, the loss of use or whether the service was properly provided requires technical expertise, preservation of evidence and an expert examination may be requested.

Preservation of Evidence, Interim Injunction and Interim Legal Protection

Before the dispute is concluded, the repair, replacement or disposal of the product, the transfer of the real property, the deletion of internet content or the loss of digital records may make proof difficult. For this reason, the need for interim legal protection must be assessed separately, before the final claim or during the case.

The main measures:

• Preservation of evidence on a defective vehicle, electronic device, machine, housing or other goods
• Recording the current condition of the product through photographs, video, serial number and technical inspection
• Appropriate safekeeping of the sample, parts, devices and fault data
• Preserving internet listings, campaigns, contract screens and digital content with date and address information
• Obtaining or preserving records held by the service provider, platform, bank, payment institution or operator
• In a pre-paid housing or real property dispute, requests for an interim injunction that may affect transfer and registration
• If the conditions are met, assessing a precautionary attachment to secure the claim
• A request for a stay of enforcement of a consumer arbitration committee decision during the objection process, as an interim measure
• Notifying the competent administrative authorities in the case of an urgent product safety risk

Preservation of evidence, an interim injunction and a precautionary attachment have different conditions and consequences. The protection requested must be determined with regard to the nature of the main dispute and the standard of prima facie proof.

Statute of Limitations, Withdrawal and Application Periods

In consumer law there is no single common time limit applicable to all disputes. Defective goods, defective services, housing, second-hand products, distance contracts, package tours, timeshares, objections to committee decisions and banking transactions may be subject to different periods.

In reviewing time limits:

• The date of the contract
• The date of delivery of the goods or performance of the service
• The date the defect emerged and was discovered
• The date of the notice of withdrawal, rescission, termination or notification
• The date of notification of the committee or court decision
• The allegation of gross negligence by the seller or provider or of concealment of the defect
• Acts that interrupt or suspend the statute of limitations

must be assessed together. Instead of calculating the time limits on the basis of general information on the internet, a calendar specific to the file should be prepared.