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

tokbaş & partners

consumer law in automotive industry

for companies :

for persons :

Automotive Sector is the sector with the second highest consumer transaction costs following the construction sector. It is a sector where claims are filed too often especially due to paint differences noticed afterwards in new car purchases; failure in materials used; insufficient performance of safety equipment; technical service problems; parts for which no repair is provided, etc. Considering that every consumer has an automobile on average, Turkey is one of the rare markets with 80 million consumers. Thus, the number of problems and conflicts experienced is remarkably high. Therefore, both the companies and consumers must have a good understanding of every detail in consumer law; otherwise significant damages are inevitable.

 

tokbaş & partners provides consumer law service to car manufacturers and importers, automotive spare part manufacturers, technical services as well as to other companies and persons engaged in the automotive industry thanks to its command of consumer law in the automotive 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 automotive industry"

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

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

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

5.       Provide opinions and create legal reports on new automotive 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  automotive industry

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

 

 

Process Consultancy Services:

 

1.       Monitor  automotive agreements and express opinions on contractual discrepancies

2.       Monitor  automotive 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.       Provide mediation-reconciliation services between the company and consumers

8.      Establish and maintain a consumer compliant hotline

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

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

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

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

 

 

 

 

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 at administrative bodies

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 defective automobiles

2.       Lawsuits for monetary and spiritual damages arising from the loss due to defective automobile

3.       Follow-up of lawsuits arising from problems with technical services

4.       Follow-up of lawsuits arising from late delivery of vehicles

5.       Follow-up of lawsuits arising from secondhand vehicle problems

6.       Follow-up of lawsuits arising from vehicle purchases-sales

7.       Follow-up of lawsuits arising from establishing liens

8.      Claims for damages arising from acts in breach of competition law in the automotive industry

9.       Claims for damages arising from manipulative ads and unfair commercial practices in the automotive industry