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the committed acts, then the seller is liable to compensate all the damages
of the consumers who similarly benefitted from the campaign and have
been affected in a similar way.
According to article 9 of the Regulation, operators are obliged to
inform the consumers about the changes of the tariffs through the way
of text message, telephone calls and/or post before reasonable time prior
to entry into force. The reasonable time limit may be determined by the
Authority.
Another important issue regulated in the Regulation is that the service
providers are obliged to inform the consumers regarding safe shopping
on the internet and submit the infrastructural services as optional, without
any extra fee, in order to protect the consumers against illegal trading
schemes and financial scams determined by Head of Telecommunication
Communication. The Authority may determine procedures and principals
with respect to implementation of this article.
Additionally, if it is determined that the usage of the service is far
above the reasonable usage or there is a valid implication of suspicious
fraudulent activity, then in order to protect the consumer’s benefits, the
service provider may suspend or limit the usage of service by informing
the consumer.
In the Regulation, subscription agreements’ forms and conditions,
principals of invoices and unjustified conditions with respect to
subscription agreements are also regulated.
If the service providers shall not fulfill obligations stated herein under
this Regulation, then the provisions of Regulation on Administrative Fine
and Other Sanctions and Precautions to be applied to service providers by
the Telecommunication Authority published in the Official Gazette dated
05.09.2004 and numbered 25574 shall apply.
This Regulation has annulled the Regulation on Consumer Rights
in Electronic Communications Sector published in the Official Gazette
dated 22.12.2004 and numbered 25678.