Unfair Commercial Practice

Under Article 62 of Consumer Protection Law No. 6502, unfair commercial practices are practices contrary to the requirements of professional diligence that materially distort, or are likely to distort, the economic behaviour of the average consumer. The Law prohibits unfair commercial practices; details are set out in the Regulation on Commercial Advertising and Unfair Commercial Practices.

Misleading Practices

Misleading practices deceive, or are likely to deceive, consumers about matters such as the existence, nature or main characteristics of the product, its price, how the price is calculated, discounts, delivery conditions or the seller’s identity. Information may be technically correct yet misleading in the way it is presented. Hiding, or giving unclearly or late, material information is also an unfair commercial practice as a misleading omission.

Aggressive Practices

Aggressive practices significantly impair consumers’ freedom of choice through harassment, coercion or undue influence. Persistent and unwanted sales calls, obstructing the exercise of contractual rights and exploiting a consumer’s specific circumstances are typical examples.

Practices Always Considered Unfair

The annex to the Regulation lists practices considered unfair in all circumstances without a separate assessment of their effect. Examples include falsely claiming that a product will be available only for a very limited time, claiming that a product can legally be sold when it cannot, describing a product as “free” when it is in fact paid for, and falsely presenting a product as having an approval, certificate or quality mark.

Common Issues in Practice

Fake discounts, incomplete or misleading price displays, fake consumer reviews, vague environmental claims and personalised prices applied without informing consumers, regulated by the 2022 amendment, are prominent in the Advertising Board’s decisions on unfair commercial practices.