Ömer Abdullah Karagözoğlu, President of the Information Technologies and Communication Authority, made statements regarding subscription contracts, contract cancellations, and consumers' rights on these matters in a program he participated in on A Haber.
Starting his remarks by stating that the electronic communications sector is dynamic by its structure, open to developments, and has the highest number of consumers with users of all ages today, Karagözoğlu expressed that the importance of electronic communication services was felt even more during the recent COVID-19 pandemic process.
Stating that as BTK, they carry out all their duties with sensitivity, Karagözoğlu said, “Under the relevant articles of the Electronic Communications Law and the Consumer Rights Regulation, our Institution has the authority to request subscription contracts from operators ex officio or upon complaint, to examine the contracts, and to amend them. The point we are most sensitive about is protecting consumers' rights. Therefore, we make all necessary changes to protect consumer rights and ensure their implementation. We have regulated the establishment of subscription contracts and the minimum requirements that must be included in the contracts through the Electronic Communications Law and the Consumer Rights Regulation. The monitoring of these regulations aimed at protecting subscribers is carried out by our institution through planned/unplanned inspections ex officio. In case of detection of violations of the obligations stipulated by the legislation, administrative sanctions are imposed on operators within the scope of the powers given to us. For example, if it is determined that an unjust fee has been charged to subscribers, what is done? In such a case, we ensure that refunds are made not only to the complainant but to all affected subscribers, and we also impose administrative sanctions on operators for non-compliance with the correct billing obligation,” providing information on subscription contracts.
President Karagözoğlu: Consumers Can Terminate Their Contracts Whenever They Want
Stating that consumers' rights on this matter are protected by law, Karagözoğlu also answered the frequently asked question, “Can a consumer terminate their subscription whenever they want?”: “A committed subscription is a debt contract that provides certain economic advantages on the condition of staying in a specific campaign offered by operators for a certain period. Committed subscribers have the right to terminate their contracts at any time within the options determined by the legislation. However, if the commitment is terminated before the commitment period ends, a comparison is made between the benefit provided to the subscriber and the service fee for the remaining months, and the cancellation fee calculated using the method favorable to the subscriber is reflected to the subscriber. Details regarding cancellation fees and the calculation method are mandatory elements that must be included in the commitment document texts. We would like to emphasize this point specifically. In addition, with our regulation, in committed subscriptions other than mobile subscriptions; if the consumer's place of residence changes and it becomes practically impossible to provide the committed service in the same quality at the new place of residence, the consumer is granted the right to terminate the committed subscription without paying any cancellation fee.”
Karagözoğlu noted that the issues receiving the most complaints from subscribers are billing, high billing, and billing objections.
Stating that consumers can easily submit their complaints using digital platforms when they encounter a problem with subscriptions, Karagözoğlu said, “Complaints are first directed to the relevant operator, aiming for the problem to be resolved quickly by the operator. If the complaint persists, our institution conducts the necessary evaluations on the matter and finds a solution within the scope of the relevant regulations.
An important data source in determining consumers' needs is the applications from consumers. If complaints concentrate in a certain area, we examine the issue from a regulatory perspective, evaluate whether a new regulation is needed, and take immediate action to resolve the problem,” he stated.
Advising consumers to definitely check from the “Authorized Operators” list on the BTK website whether the relevant company is an authorized operator before signing a subscription contract, Karagözoğlu said, “They need to ensure that the name of the selected tariff is correctly written in the subscription contract and that the tariff information verbally provided to consumers by the operator representative matches the information in the written tariff content in the contract. In addition, all benefits such as device fees, campaign discount fees, connection fees offered to the consumer in subscription contracts, and cancellation fees that will be reflected to the consumer in case of withdrawal from the contract should be read carefully, and the contract should be signed only if the conditions written in the contract are accepted.”
President Karagözoğlu: Subscribers Must Definitely Keep a Copy of the Contract
Also advising subscribers to keep a copy of the contract they signed, Karagözoğlu said, “I would like to talk about what subscribers need to do during the termination process and the regulation that will be implemented soon. Currently, termination applications by subscribers are made through three different methods: written application to the operator's office or dealership, confirmed fax, and secure electronic signature. However, written or fax termination applications made to the relevant operator or representative can cause difficulties for subscribers. To prevent subscribers from experiencing any hardship, we have made a regulation allowing termination applications to be made via e-Government with e-signature/mobile signature, Turkish ID Card, or internet banking. Following the completion of the necessary development and infrastructure preparation processes, subscribers will also be able to make termination applications through the e-Government Gateway using these methods as of September 15, 2020. It is of great importance to us that subscribers know and follow these rights. Since BTK regulations generally cover operators providing services in different areas such as fixed telephone, mobile telephone, fixed broadband, they contain quite detailed provisions and are updated when necessary. Therefore, I think it would be beneficial to remind consumers that they can access each of the regulations, studies conducted regarding consumers, and news and information that may be useful to them under the “legislation” and “consumer” headings on our Institution's website www.btk.gov.tr.” He concluded his speech with these words.