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

tokbaş & partners

consumer law in telecommunication sector

for companies :

for persons :

Telecommunication Sector is the second sector to receive the most complaints after banking sector. This is absolutely related with its popularity as well as continuity and abundance of consumer transactions in the telecommunication sector. Communication is an important consumer right. In case of defects in the communication services offered, the consumers will perceive this as a direct insult to themselves and intervention in their freedom and the reactions of consumers in the telecommunication sector will be more furious compared to other sector. Therefore, the telecommunication companies must control their services instantly and operate consumer-oriented in all aspects, while the consumers are required to be familiar with the consumer rights in the telecommunication sector.

 

tokbaş & partners provides consumer law service to telecommunication companies and other companies and persons engaged in the transport sector thanks to its command of consumer law in the telecommunication sector.   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 telecommunication sector"

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

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

4.       Draft telecommunication sector documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new telecommunication sector 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 telecommunication sector

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

 

 

 

Process Consultancy Services:

 

1.       Monitor telecommunication agreements and express opinions on contractual discrepancies

2.       Monitor construction sector 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 telecommunication subscription contracts

2.       Lawsuits for monetary and spiritual damages arising from defective telecommunication service

3.       Claims for damages arising from acts in breach of competition law in the telecommunication sector

4.       Claims for damages arising from manipulative ads and unfair commercial practices in the telecommunication sector