law consultancy office
t&p hukuk danışmanlık bürosu | tüketici hukuku danışmanlığı

tokbaş & partners

consumer law in advertising industry

for companies :

for persons :

Advertising Industry is a sector based on consumer law and is regulated by the advertising law as a sub-branch of consumer law. Since it is a sector with direct impact on the consumer's freedom to choose, it represents an important window where all other sectors can call out the consumers in order to guide their perceptions. Naturally, it represents an area where the public for wishes to determine every detail from the size of the frames to the color of this window. In the advertising industry not only advertising industry managers but also client managers in the sector must be familiar with the consumer law. Because both the advertising industry managers and the intermediary firms in the sector as well as the clients in the industry will be harmed as a result of ads containing unlawful elements. Of course, the biggest harm of ads with unlawful content will be experienced by the consumers whose perceptions are deceived.

 

tokbaş & partners provides consumer law service to media organizations, advertising agencies, client organizations in the sector as well as to other companies and persons engaged in the advertising industry thanks to its command of consumer law in the advertising industry.     These services are detailed individually for companies and persons. We also defined individual subcategories for our services for companies, namely  “protective/preventive advocacy, process consultancy and official attorneyship”   Services offered by tokbaş & partners in this area can be detailed as follows: 

 

Protective / Preventive Advocacy Services:

 

1.       Conduct trainings for company managers and relevant personnel on "consumer law and practices in advertising industry"

2.       Organize consumer law training for company branches and provide personnel training across Turkey

3.       Draft advertising agreements subject to the field of Consumer Law as per the legislation and practices

4.       Draft advertising industry documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new advertising industry practices

6.       Ensure legal control of trade advertisements and announcements prior to publication as per consumer and advertisement legislation as well as administrative practices

7.       Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

8.      Due diligence

9.       Legislation review and weekly legislation report on the advertising industry

10.   Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to advertising industry

 

 

Process Consultancy Services:

 

1.       Monitor advertising agreements and express opinions on contractual discrepancies

2.       Monitor advertising industry practices and other documents and express opinion on the discrepancies resulting therefrom

3.       Express opinion on discrepancies relating to trade advertisements and announcements

4.       Express opinion on the resolution of issues encountered in consumer law legislation

5.       Give response to requests for verbal and written legal opinion

6.       Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and the company

7.       Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

8.      Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

9.       Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

10.   Management of the process of inspector audit by the Ministry of Customs and Trade

11.    Management of advertising board and RTUK investigation processes

 

 

 

Official Attorneyship Services:

1.       Ensure representation of the company and follow-up of its files at Consumer Arbitration Boards

2.       Ensure representation of the company and follow-up of its files at Consumer Courts

3.       Ensure representation of the company and follow-up of its files mainly at the Committee of Advertisement and the Supreme Board of Radio and Television (RTUK)

4.       Actions for nullity for administrative fines imposed as part of  TKHK

5.       Follow-up of company's debts and receivables

 

 

 

 

 

1.       Follow-up of lawsuits arising from manipulative ads

2.       Lawsuits for monetary and spiritual damages arising from manipulative ads

3.       Follow-up of complaints to Advertising Board and RTUK

4.       Follow-up of lawsuits arising from copy rights due to ads

5.       Follow-up of lawsuits arising from unfair trade practices

6.       Claims for damages arising from acts in breach of competition law in the advertising industry