Guide to Misleading Advertising, Fake Discounts and Unfair Commercial Practices

Consumer Law

Misleading Advertising, Fake Discounts and Unfair Commercial Practices: Consumer Rights After the August 1, 2026 Regulation The lowest price rule of the last 10 days, influencer and artificial intelligence ads, consumer comments and the Advertising Board application path have been updated as of 2026

Summary

The amendment made by the Ministry of Commerce to the Commercial Advertising and Unfair Commercial Practices Regulation was published in the Official Gazette dated July 1, 2026 (number 33297) and entered into force on August 1, 2026. According to the new rule, in discounted sales, the lowest price applied in the last 10 days before the discount start date must be shown as the pre-discount price. Same change; It regulates the labeling of influencer posts as advertisements, the indication of content produced with artificial intelligence, the verification of consumer comments, the documentation of environmental declarations, and transparency in targeted advertisements. The Advertising Board may decide to stop the advertisement, correct it or impose an administrative fine. The consumer may also apply to the defective goods provisions for the product he purchased due to misleading advertising.

1. What is Unfair Trade Practice and Misleading Advertising?

Law No. 6502 prohibits misleading and deceptive commercial practices that distort or are likely to distort the economic behavior of the consumer. This includes the advertisement being untrue, containing incomplete information that will mislead the consumer, providing an unfair advantage in comparative advertisements, and showing fake discounts. The Advertising Board is the authorized body that carries out this inspection.

Since the promise in advertising is a factor on which the consumer bases his/her purchasing decision, goods that do not meet the qualifications specified in advertisements and announcements are considered defective in terms of Law No. 6502. Therefore, misleading advertising gives rise to both administrative sanctions and contractual rights.

2. New Price Rule in Discounted Sales

Subject New Regulation

Price before discount The lowest price in the last 10 days before the discount starts

Scope Only prices in the sales channel where the discount is made are taken into account

Perishable goods and services Based on price applied immediately before discount

Conditional campaigns Loyalty programs and conditional discounts are also subject to rules

Force 1 August 2026

Using discount rates that are not applied in the audit, not specifying the products within the scope, not showing the start and end dates of the campaign, providing incorrect stock information and showing pre-discount prices that do not reflect the truth are considered violations. It has been reported that the Ministry has adopted the approach of first warning and then sanctioning.

3. Influencer, Artificial Intelligence and Targeted Ads

Influencer posts: Posts made in exchange for money, free products, discounts or events must be tagged with the phrase "Advertisement" or "Promotion" and the advertiser's information. In live broadcasts, this notification must be made from the beginning.

Artificial intelligence: The use of artificial intelligence that can significantly affect the consumer's economic decision should be clearly stated. It is forbidden to use an artificial intelligence copy of a real person to create the impression that that person uses or recommends the product.

Targeted ads: The criteria by which the ad is shown and how to change it should be easily accessible. Targeted advertising based on profiling towards children is prohibited.

Environmental claims: Claims such as environmentally friendly should be documented and explained to which part of the product or life cycle it relates.

4. Consumer Reviews and Ratings

The new regulation aims to increase the reliability of consumer reviews. It is envisaged that only people who can be verified as having purchased the product or service can comment, unverifiable comments will not be published, positive and negative comments will remain published for at least one year, and fake comments will be banned. The deadline for sellers to object to comments has been reduced from 72 hours to 48 hours.

These rules ensure that fake reviews face sanctions for consumers who make purchasing decisions by relying on reviews and ratings; If the contract is concluded under the influence of a fake review, the claim that the consumer was misled becomes stronger.

5. Sanctions and Recourse

The Advertising Board may decide to stop the advertisement, correct it using the same method, or impose an administrative fine. According to the Ministry's statements, the administrative fine varies from hundreds of thousands of liras to approximately 39.9 million liras, depending on the medium and the nature of the violation.

Path Aim Notes

Advertising Board application Advertising suspension, correction and administrative sanctions Does not provide refunds

Written notification to seller Exchange, discount or return within the framework of defective goods provisions Ad screenshot added as evidence

Consumer Arbitration Committee Refund requests under 186,000 TL (2026) The decision can be objected within 15 days

Consumer Court Disputes and compensation over the value limit A lawsuit is filed after mediation

6. Case Study: Inflated Price Before Discount

Event Summary

The consumer purchased a television offered at a 50 percent discount from a site. After reviewing the price history, the consumer realized that the price of the product was increased a week before the sale and that the discount was actually very low.

Legal Evaluation

For discounts made after August 1, 2026, the pre-discount price must be the lowest price of the last 10 days before the start of the discount. Reference to a higher price is considered misleading advertising. The consumer should keep the screenshots and price history as evidence, apply to the Advertising Board, and also consider exercising his contractual rights by notifying the seller in writing.

7. Frequently Asked Questions

Is the new discount rule valid for campaigns before August 1, 2026?

The rule came into force on August 1, 2026 and applies to campaigns after this date. General unfair commercial practice provisions apply with respect to previous campaigns.

Where do I prove price history?

Screenshots, archive services, e-mail campaign notifications and order documents can be evidence. Price change dates should be clearly displayed.

I followed the influencer's recommendation and bought the product. Who can I contact if the product is different from what was promised?

Defective goods provisions are applied against the seller. Advertising without a label also constitutes a violation in terms of the Advertising Board.

Where to go for suspected fake reviews?

The platform's complaint mechanism and the Advertising Board application method are used. Comment screens should be recorded.

If the Advertising Board's decision is made, can the consumer get a refund for the product price?

The board's decision is administrative in nature and results in the suspension of advertising or punishment. The refund must be requested separately through written notification to the seller, the Consumer Arbitration Committee or the court.

Attention: Common Mistakes in the Process

Buying without saving ad screenshot and price history.

Evaluating the discount rate only based on the price shown by the seller.

Not presenting the promise in the advertisement as evidence in case of after-sales problem.

Applying only to the Advertising Board and not notifying the seller for a refund.

Leaving the fake comment without complaining.

8. Conclusion

Since advertising and discount practices directly guide the consumer's purchasing decision, the law specifically protects transparency in this area. The change, which came into force on August 1, 2026, has significantly increased control in terms of pre-discount price, influencer ads, artificial intelligence and consumer reviews. Evidence such as screenshots, order documents and price history held by the consumer are decisive in both the administrative application and the refund request.

Küheylan Law Firm provides legal support in the preparation of evidence in disputes arising from misleading advertising and unfair commercial practices, application to the Advertising Board, preparation of defective goods and return requests against the seller, and conduct of Consumer Arbitration Committee and court processes. The correct construction of the advertising promise is the determinant of the outcome in most disputes.

Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and judicial precedents may change; The concrete circumstances of each event are different. In order to avoid loss of rights, a case-specific legal evaluation must be made in terms of lawsuit, application and objection periods.

Author: Av. Mert Deniz Küheylan

Burhaniye Mh. Neşetbey Sk. No:12/5 Floor:5 Flat:3 Üsküdar/İstanbul | info@kuheylanhukuk.com | kuheylanhukuk.com | © 2026 Küheylan Law Firm

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