31.12.2016
VALUE-ADDED ELECTRONIC COMMUNICATION SERVICES REGULATION CLICK FOR PRESS BULLETIN...
Recently, the Information Technologies and Communication Authority (BTK) has made a significant regulation in this area, evaluating consumer complaints that they were subscribed to unwanted services and charged high amounts on their bills as a result of actions such as clicking on any page or closing an advertisement page while browsing the internet.
UNWILLING SUBSCRIPTIONS WILL END
With the regulation titled “Procedures and Principles Regarding the Protection of Consumer Rights in the Provision of Value-Added Electronic Communication Services,” transparency has been ensured in all processes for subscription or single content purchase in value-added electronic communication services, the subscriber has been clearly informed about service conditions and fees, and the ability to provide provable purchase intent has been enabled.
In particular, examining complaints received about being involuntarily subscribed while closing the relevant advertisement/introduction page in purchases made over the internet, BTK has imposed obligations on operators to prevent such unwilling subscriptions. Rules have been established so that in the event of unwilling subscriptions, complaints on this matter are resolved by the subscribed operator and not directed to third parties.
THE RESPONSIBLE OPERATOR WILL PROVIDE 7/24 SOLUTION SERVICE
Under the procedures and principles, clarity has been provided that the responsibility lies with the operator in matters such as informing about fees and service conditions before the service is obtained and proving the subscriber's approval. It has been ruled that refunds must be made to the subscriber in subscriptions not carried out in accordance with the specified rules.
Another important aspect introduced by the BTK regulation is that subscribers can close their lines to mobile payments or value-added electronic communication services whenever they wish. Calling the call center or making a written application to the operator will suffice for this procedure.
REGULATIONS IN PURCHASE AND CANCELLATION PROCESSES
Value-added electronic communication services can be obtained using internet, mobile internet/WAP, SMS, or calling/being called methods. In the BTK regulation, purchase and cancellation processes have been detailed for each method.
Value-Added Electronic Communication Service Purchase Process via Internet:
For value-added electronic communication services offered over the internet, the following detailed framework has been adopted for subscription to the service or single content purchase.
Service Purchase Process via SMS Method:
Service Purchase Process via Calling Method:
In the calling method, after providing the service conditions and fee information, as well as information on how billing will start, via a free announcement before the subscriber obtains the service, the subscriber will receive the service if they approve or wait for the dial tone. If requested by the subscriber, this announcement can be replayed free of charge.
The cancellation process for value-added electronic communication services has also been defined. Accordingly;
Rules have also been introduced for value-added electronic communication services that operators start offering for free and then charge after a certain period by subscription. Accordingly, for services started free of charge, provided that approval is obtained and necessary notifications are made in accordance with the procedures and principles, including the information on when billing will begin after the free provision, no separate approval from the subscriber is required before switching to paid use of the relevant service.
VICTIMIZATIONS WILL END
The effective date of the regulation in question has been set as June 30, 2017, taking into account the operators' technical compliance requirements. However, obligations have been imposed on operators during this period to prevent subscriber victimization. It has been decided that operators take all necessary measures, primarily to prevent unwilling service acquisitions, to reduce consumer complaints, protect consumer rights and interests, and prevent consumer victimization. Additionally, reporting consumer complaints and all other relevant information to BTK during the process has been made mandatory.
With the regulation made by BTK, while aiming to protect consumer rights and interests in the field of value-added electronic communication services and prevent victimization, the growth of the market in the value-added electronic communication field and maximizing benefits from technological developments have also been carefully considered. It has been aimed to enable consumers to obtain services by demonstrably showing their appropriate intent declarations at any time they wish, and measures have been taken to prevent potential victimizations from negatively affecting the development of this field.