Consumer transaction (tüketici işlemi)

Legal meaning

A consumer is a natural or legal person acting for purposes that are not commercial or professional. The seller or supplier acts for commercial or professional purposes, including public legal entities. Contracts for work, carriage, insurance, mandate, banking and similar contracts may be considered consumer transactions if the conditions are met.

Whether a dispute is classified as a consumer transaction affects the court with subject-matter jurisdiction, whether application to the consumer arbitration committee (tüketici hakem heyeti) is mandatory, the review of unfair contract terms, and the provisions on defective goods or services. Because monetary thresholds may change each year, the current regulation should be checked as of the date of application.

Under Article 68 of Law No. 6502 on Consumer Protection, application to the consumer arbitration committee is mandatory for disputes below the statutory monetary threshold; the parties’ rights under the Enforcement and Bankruptcy Law are reserved. For disputes to be heard before the consumer court, mediation as a condition precedent to litigation under Article 73/A and its exceptions are also checked separately. Disputes within the jurisdiction of the arbitration committee and objections to committee decisions are among the exceptions to this mediation requirement.

Core elements and practical criteria

• The status of the parties and the purpose of the transaction are decisive.
• The name of the contract alone does not determine the outcome.
• The consumer court or the arbitration committee may have jurisdiction.
• Monetary thresholds and application procedure are checked in their current form.

Practical importance

Choosing the wrong court or route of application may cause loss of time. Invoices, contracts, orders, payments, advertisements and delivery records should be kept together. The scope of mandatory mediation and its exceptions should be examined according to the type of dispute.

Commonly confused concepts

• A person who buys goods for use in their commercial activity may not be regarded as a consumer for that same transaction.
• The concept of a consumer transaction is not limited to sales; it may also cover services and other types of contract.

Application example

A contract between a natural person who buys a dwelling for personal use and a seller who carries on this business as a professional activity may, depending on the specific circumstances, qualify as a consumer transaction.

Frequently asked questions

Can a company be a consumer?

Law No. 6502 covers natural and legal persons; however, for commercial companies, the presumption that an act is commercial under Article 19 of the Turkish Commercial Code (TTK) and merchant status are also taken into account. The concept of a legal-person consumer does not mean that every purchase by a company can be regarded as a consumer transaction. The position of other legal persons acting outside commercial or professional purposes is assessed separately.

Can an action be filed directly in a consumer dispute?

The value and subject of the dispute, the arbitration committee threshold, and the provisions on mediation as a condition precedent to litigation should be checked as of the date of application.