Legal Remedies Available Against Aggressive Commercial Practices

10 February 2026

Introduction

Aggressive Commercial Practices are marketing techniques that exert pressure on the consumer’s will and steer them toward purchasing a particular product or service, contrary to commercial ethics and the principles of a free market economy. In previous articles, the concept of aggressive sales methods was defined and various examples were examined. This section evaluates, within the framework of the applicable legislation and practice, the legal remedies available to consumers exposed to such practices and systematically explains the mechanisms of legal protection

1. REMEDIES UNDER THE LAW ON THE PROTECTION OF CONSUMERS

1.1. Legislative Provisions on Aggressive Commercial Practices

The Law No. 6502 on the Protection of Consumers (“TKHK”) and the Regulation on Commercial Advertising and Unfair Commercial Practices explicitly regulate aggressive sales methods. Within this scope:

Articles 10 et seq. of the Regulation set out the criteria and prohibitions concerning aggressive commercial practices.
Pursuant to Articles 61 and 62 of the TKHK, the correction or compensation of advertisements and practices that violate the Regulation does not eliminate the advertiser’s liability.
In the event of a breach of these obligations, various sanctions, including administrative fines, are stipulated under Article 77/12 of the TKHK.
Decisions on administrative sanctions are issued by the Advertising Board and enforced by the Ministry of Trade.

1.2. Application to the Advertising Board

Consumers who encounter advertisements containing aggressive commercial practices may file a complaint with the Advertising Board. Under Law No. 6502, the Board has authority to conduct reviews both upon complaint and ex officio. Applications are submitted via e-Government (e-Devlet), and should include:

For natural persons: name, surname, Turkish ID number, and address;
For legal entities: trade name and address information;
Determinative elements such as the medium in which the advertisement was published, the date, and the content of the advertisement.

The Advertising Board may order the suspension or correction of advertisements containing aggressive commercial practices and, where necessary, impose administrative fines.

2. UNFAIR COMPETITION PROVISIONS UNDER THE TURKISH COMMERCIAL CODE

The Turkish Commercial Code No. 6102 (“TTK”) classifies aggressive commercial practices as unfair competition within the scope of Articles 54 and 55. In particular, Article 55/1-a-8 explicitly lists aggressive sales methods among unfair commercial practices.

In this context, consumers who suffer damages as a result of aggressive commercial practices may file lawsuits seeking prevention or determination of unfair competition, as well as material and moral compensation.
Additionally, claims for non-pecuniary damages may be brought under Article 58 of the Turkish Code of Obligations (“TBK”) on the basis of tort liability.
In practice, consumers who are victims of aggressive commercial practices may apply not only to consumer courts but, in certain cases, also to commercial courts of first instance.

Conclusion

Aggressive sales methods clearly harm not only consumer autonomy but also the principle of free competition in a market economy. By undermining individuals’ freedom of choice, such practices result in adverse consequences for both consumers and honest businesses.

The current legal framework provides multi-layered protection against aggressive sales methods. Administrative sanctions are envisaged under the TKHK and its secondary legislation; consumer rights are safeguarded through the Advertising Board; and the provisions of the TTK and TBK offer judicial remedies, including compensation and injunctive relief.

In conclusion, advertisers and commercial actors must conduct their marketing activities not only with commercial objectives in mind but also with due regard for consumer rights and the rule of law. Such compliance will, in the long term, contribute positively to brand reputation and commercial credibility.