Within the scope of the “Law on Amendments to the Law on Consumer Protection and Certain Laws” No. 7529 dated 24.10.2024, certain amendments have been made to the Law on Consumer Protection No. 6502 regarding consumer credit agreements, housing finance agreements, contracts established outside the workplace and the direct sales system. In this study, you can check the amendments made and our evaluations regarding thereto.
Consumer Credit Agreements (Article 22/1)
Previous Version
A consumer credit agreement is not valid unless it is established in writing. A creditor who has not made a valid agreement cannot later claim the invalidity of the agreement to the detriment of the consumer.
New Version
A consumer credit agreement is not valid unless it is established in writing –or by distance-. A creditor who has not made a valid agreement cannot later claim the invalidity of the agreement to the detriment of the consumer.
With the amendment, loan agreements can be established at a distance without the need for the parties to come together physically.
Consumer Credit Agreements (Article 31/1)
Previous Version
If an account is opened for a fixed-term credit agreement and only credit-related transactions are made from this account, no fee or expense can be requested from the consumer under any name related to this account. This account shall be closed upon payment of the credit unless otherwise requested by the consumer in writing.
New Version
If an account is opened for a fixed-term credit agreement and only credit-related transactions are made from this account, no fee or expense can be requested from the consumer under any name related to this account. This account shall be closed upon payment of the credit unless otherwise requested by the consumer in writing –or via a permanent data storage-.
With the amendment, the consumer will be able to submit their request to close the account opened for a fixed-term credit agreement through a permanent data storage (via a text message, e-mail, internet, CD, DVD, memory card, etc.) in addition to the written method.
Housing Finance Agreements (Article 32/2)
Previous Version
A housing finance agreement is not valid unless it is established in writing. A housing finance institution that has not made a valid contract cannot later claim the invalidity of the contract to the detriment of the consumer.
New Version
A housing finance contract is not valid unless it is established in writing –or by distance-. A housing finance institution that has not made a valid contract cannot later claim the invalidity of the contract to the detriment of the consumer.
With the amendment, housing finance contracts can be established by distance without the parties having to come together physically.
Housing Finance Agreements (Article 39/1)
Previous Version
If an account is opened for a housing finance agreement and only credit-related transactions are made from this account, no fee or expense can be requested from the consumer under any name related to this account. This account shall be closed upon payment of the credit unless otherwise requested by the consumer in writing.
New Version
If an account is opened for a housing finance agreement and only credit-related transactions are made from this account, no fee or expense can be requested from the consumer under any name related to this account. This account shall be closed upon payment of the credit unless otherwise requested by the consumer in writing or –via a permanent data storage-.
With the amendment, the consumer will be able to submit their request to close the account opened for the housing finance agreement via permanent data storage (text message, e-mail, internet, CD, DVD, memory card, etc.) in addition to the written method.
Contracts Established Outside the Workplace (Article 47/7)
Previous Version
The mandatory content of the contract, contracts outside the scope, direct sales, rights and obligations of the consumer and the seller and the provider, right of withdrawal, obligation to inform, delivery, qualifications to be sought in those who will make sales, and other application procedures and principles are determined by the regulation.
New Version
The mandatory content of the contract, contracts outside the scope, rights and obligations of the consumer and the seller and the provider, right of withdrawal, obligation to inform, delivery, qualifications to be sought in those who will make sales, and other application procedures and principles are determined by the regulation.
With the amendment, the phrase “direct sales” has been removed from the article text. Instead, Article 47/A has been added to Law No. 6502 regarding the direct sales system after Article 47.
Direct Sales System (Article 47/A)
New Article
“ARTICLE 47/A (1) The direct sales system is a sales system in which direct sellers, who are established by a direct sales company and are not employed with an employment contract, operate under the names of independent representatives, distributors, consultants and similar names in return for benefits such as commissions, bonuses, incentives and rewards, market goods or services to consumers.
…
(3) The direct sales system should not be based on the profit to be gained by bringing new direct sellers to the system and distributing the benefits that arise as a result, instead it should be based on the sale of goods or services to consumers and should comply with other principles determined by the regulation.
(4) No fee or document that imposes a debt under the names of renewal, package, fee, membership and similar that do not include the goods or services foreseen for sale to the consumer cannot be obtained from direct sellers in order for them to be included in the system or to remain in the system.”
With the amendment, the principles regarding the direct sales system are directly regulated by the Law.
Accordingly, it is emphasized in the law that the direct sales system should not be based on bringing new sellers to the system and distributing the resulting benefits (such as a pyramid scheme or ponzi scheme) but instead, it should be based on the sale of goods or services to consumers.
In connection with this, it is regulated that no fee or document can be received from direct sellers under the names of renewal, package, fee, membership fee, etc. that do not include goods or services in order for them to join the system or remain in the system. The law also stipulates that in the direct sales system, the consumer will have the right to withdraw from the contract within 30 days without giving any reason and without paying any penalty.