Consumer law and the importance of consumer law through questions and answers

A GUIDE TO CONSUMER LAW THROUGH QUESTIONS AND ANSWERS 

WHAT IS THE IMPORTANCE OF CONSUMER LAW?

The importance of consumer law is immense. There is a great need for consumer protection to establish and properly ground a fair economic order. The exploitation by goods and services marketers and certain manufacturing companies can be reduced. 

Without genuine consumer organization, the economic order cannot be monitored.

It is evident and observed that very good GENERAL regulations have been enacted regarding the protection and implementation of consumer rights. However, the institutions and rules for putting these into practice are insufficient. The consumer protection system has been built on the understanding that consumers should organize themselves, raise their own awareness, and protect themselves. This path is extremely difficult. In fact, it is clear that consumers cannot be protected through this method alone. The facts already confirm this situation. 

THE FUNDAMENTAL TRUTH IS THIS: MANY CONSUMERS, THAT IS, CITIZENS, ARE NOT EVEN AWARE OF THE EXISTENCE OF CONSUMER RIGHTS. 

In fact, many consumers can only obtain their rights by paying several times the value of the goods they purchased. On top of this, the slow functioning of the judiciary and the fact that cases take so long that it undermines trust in the legal system also negatively affect consumer law.

First of all, it is necessary to carefully state and explain the following point: If inflation is to be reined in, consumer rights must be truly guaranteed, and consumers must be educated and protected. Consumer protection courses should be introduced in schools. Separate research departments and academic divisions for "consumer protection" should be established in law schools.

Consumers must be protected under state supervision. An independent system, free from political parties and dirty politics, must be established. A new institution should be created. 

This institution must also be carefully protected against companies and the political fixers of politicians.

Everyone knows that the number of politicians who are in the pockets of companies, and who make it their business to protect the interests of these large corporations in exchange for large sums of money, is not small.

However, no one has ever taken serious measures regarding this. This has been the case for many years. With these words, I am not blaming any particular party, but the system itself. I want to draw attention to the negligence of parties and their tendency to trample on the law.

Many sellers who arbitrarily raise prices, sell defective goods to consumers through various fraudulent means, and, more bluntly, erode the Turkish economy and society, are also among the causes of today's inflation.

These sellers often have the backing of politicians. Every large company has politicians who act as their protectors.

Therefore, if consumer law is to be truly established, defended, and implemented, it cannot remain in its current state. We are conducting our work based on this reality. 

***

QUESTION: WHAT IS THE PURPOSE OF THE LAW ON THE PROTECTION OF CONSUMERS?

ANSWER: The objectives of the Law on the Protection of Consumers No. 6502 are set out in Article 1. The protection of consumers is under constitutional guarantee. The state is tasked with protecting consumers. This law was enacted to protect consumers who are in a weaker position compared to sellers. The goal is to protect the rights of the consumer in accordance with the public interest. 

We can explain these rights as follows:

Acting in accordance with the public interest and establishing transactions in line with the goal of public interest is the fundamental legal value of consumer rights. There can be no legal practice or application of rights that does not serve the public interest, that is, the common good of society.

The purpose of this law is to take measures that protect the health, safety, and economic interests of the consumer in accordance with the public interest, compensate for their damages, ensure their protection from environmental hazards, and inform and raise awareness among consumers. Furthermore, encouraging consumers' self-protective initiatives and promoting voluntary organizations are also among the objectives of consumer law.

Public interest means the well-being of society. All elements that constitute the purpose of Law No. 6502 cannot be interpreted or applied in a way that is contrary to the public interest. These are transactions and practices that are for the benefit of the consumer as well as the benefit of society.

1)- PROTECTION OF THE CONSUMER'S RIGHT TO HEALTH:

(-A-)… had been working with a pickaxe and shovel in a villa's garden until noon. By noon, he was very hungry. During his lunch break, he went to a local tradesman's restaurant. He ordered rice and dried beans. The rice in the pilaf had stones in it. Because he was very hungry, he ate it a bit quickly. He was chewing the undercooked rice while clenching his teeth. But suddenly, a stone, quite large compared to the hard rice, came into his mouth. (-A-)… broke two of his teeth.

Since the salad was also very stale, (-A-)…'s stomach was upset. The yogurt served was also very sour, and the spoiled yogurt made (-A-)… sick. He went to the doctor and was unable to work for 3 days. He was very upset and decided to seek his rights from the tradesman's restaurant. 

QUESTION: WHAT ARE THE CONSUMER'S RIGHTS IN THIS INCIDENT?

ANSWER-1- The purpose of (-A-) is clear. They have broken a tooth, fallen ill, and missed work. Their goal is to recover the damages they suffered from the restaurant owner.

In order to protect the health and safety of the consumer, first and foremost, the phenomenon of legal security must be realized within the state and society. If there is no legal security in a society, it is impossible to protect health and safety in that society.

Consequently, a seller cannot provide a consumer with defective goods or services that would impair their health. Such goods cannot be stored in a spoiled manner or in violation of health regulations. It is a legal obligation for food, beverages, and other goods to be packaged in accordance with health standards.

 2)-PROTECTION OF THE RIGHT TO SAFETY: 

When purchasing a product, a consumer should not live in fear of being deceived, defrauded, or "ripped off." Above all, they must be within a framework of legal security. There should be no concern that the powerful will be favored.

Proper consumer organization also contributes to the correction of corrupt and polluted economic relations. 

 3)-PROTECTION AND COMPENSATION OF ECONOMIC INTERESTS: 

The economic interest of the consumer is to purchase non-defective goods at a reasonable price. The seller is in a much stronger position than the consumer. Large companies, in particular, use their advertising power to influence the press as well. The MOST FUNDAMENTAL purpose of consumer law is the protection of economic interests.

When we examine the compensation of damages, we can reach the following conclusion: First and foremost, for a consumer's damages arising from defective goods to be remedied, the state must be a state governed by the rule of law. After months of proceedings, consumers often give up on pursuing their cases because the state delays its processes significantly in compensating for damages. Delayed justice is the greatest obstacle to the compensation of damages. After all, justice delayed is justice denied.

4) THE RIGHT TO ENSURE THE PROTECTION OF THE CONSUMER AGAINST ENVIRONMENTAL HAZARDS: 

The goods and services provided to the consumer must be free of defects. Defective goods or services also pose various environmental dangers. Therefore, for the consumer to be protected under the current conditions in Turkey, there must be consumer awareness on one hand, and a consumer order that produces quick results in the implementation of laws on the other.

5) THE CONSUMER'S RIGHT TO BE INFORMED AND EDUCATED: 

The awareness, information, organization, and education of the consumer are all extremely important in terms of consumer protection. Unfortunately, consumer organizations are not sufficiently numerous or effective among citizens. This is because organization has a cost, and the state provides no support for such organization. If the protection of the consumer is truly desired, independent institutions that protect the consumer and are dedicated solely to this task must be established. However, large capital owners, major retail chains, and large marketing companies often oppose initiatives that would enable consumers to organize in this direction alongside the state. Unfortunately, this causes the rights granted to consumers on paper to remain only on paper.

 6) THE RIGHT TO ENCOURAGE CONSUMERS TO TAKE INITIATIVES TO PROTECT THEMSELVES: 

Encouraging consumers to take initiatives to protect themselves is actually a legal whole. How will this encouragement work in practice? Let us assume a consumer organization is to be established. First and foremost, this organization cannot cover the necessary organizational expenses. 

How will voluntary organizations function in practice? In other words, we must reiterate the warnings and objections mentioned above. Three types of support are crucial here: first, financial resource support; second, consumer education; and third, training support regarding organization.

7) THE RIGHT TO PARTICIPATE IN THE FORMULATION OF POLICIES ON THE AFOREMENTIONED ISSUES: 

Consumer participation in decision-making both monitors the decision-making processes and ensures that consumers are informed about developments regarding their protection. The consumer reflects on the issues. The consumer's knowledge increases and their awareness is strengthened.

8) THE RIGHT TO ENCOURAGE VOLUNTARY ORGANIZATIONS:

First of all, it is worth noting that it is clear that voluntary organizations have not been effective or sufficient to date. However, for voluntary organizations to be successful and develop, consumers must be educated and made aware. Participation in voluntary consumer organizations cannot be expected from a citizen who lacks sufficient education and consumer awareness. It is very clear today that voluntary organizations are insufficient. For this reason, sellers of all strengths are more powerful than consumers. Yet, consumers have a massive potential power. Imagine millions of consumers boycotting a product; consider how significant that is. 

The production and marketing process also closely concerns consumer rights. Deceptive advertisements and similar various illegal and unethical games and regulations both increase prices and cause great harm to the consumer.

A conscious consumer is considered the guarantee of the economic order. In countries where there are unorganized and unconscious consumers, the economy is not secure. Therefore, voluntary organization of consumers is very important. At the foundation of voluntary organization and voluntary pursuit of rights lies the conscious consumer.