The Automatic Renewal Crisis in Digital Subscriptions: Are You Still Being Charged After Cancelling? Lawyer Aylin Esra Eren Explains Consumer Rights

Av. Aylin Esra Eren

The Ministry of Trade’s launch of legislative work addressing automatic renewals and cancellation problems in digital subscriptions has once again brought to the fore an issue that millions of consumers may face. Charges made at the end of free trial periods, memberships continuing despite cancellation requests, and subscriptions said to have been renewed without the consumer’s knowledge are giving rise to legal debate. Lawyer Aylin Esra Eren assessed in detail consumers’ rights in digital subscriptions, companies’ obligations, and the legal avenues available in the event of an unjustified charge.

Digital streaming platforms, online education applications, mobile applications, music and video services, and paid internet memberships have become part of daily life. However, failure to state clearly how a subscription can be terminated, automatic payment systems, and allegations that cancellation requests are not processed can cause consumers financial losses.

The legislative work brought forward by the Ministry of Trade has reopened discussion of protecting consumer consent in digital subscriptions and making cancellation procedures more effective. It was reported that, in the Ministry’s earlier reviews, it had been determined that the subscriptions of 9,669 people had been renewed without their requests and consent, and that an administrative fine of 5,946,435 lira had been imposed on the company concerned.

Under what conditions may a company automatically renew a consumer’s subscription? What should a consumer do if money is charged again for a cancelled membership? Is a charge made when a free trial ends lawful? How can a refund be requested for a subscription renewed without the consumer’s consent?

Lawyer Aylin Esra Eren assessed the fundamental principles of consumer law in digital subscription contracts and the disputes most frequently encountered in practice.

LAWYER AYLİN ESRA EREN ANSWERED THE QUESTIONS

1. What are the most common legal problems consumers face with digital subscriptions?

Question: Why are subscription-related disputes on digital platforms increasingly in the news?

Lawyer Aylin Esra Eren: As digital services have become widespread, the contractual relationship between consumers and service providers has also largely moved to electronic environments. Consumers can create memberships in a few steps; however, they may encounter various problems when terminating a membership, obtaining a refund, or stopping automatic renewal.

In practice, three main types of dispute stand out. First, consumers may not know clearly enough the date on which their subscription will renew or the fee that will apply. Second, charges may continue despite a cancellation request being submitted. Third, there may be a dispute about what the consumer consented to regarding conversion to a paid membership at the end of a free trial period.

The key criterion in these disputes is whether the consumer was properly informed about the scope of the contract, the charging terms, and the cancellation method. A service provider does not have unlimited authority to collect payments without regard to the consumer’s intention and the contractual terms.

2. May companies automatically renew subscriptions?

Question: Once a consumer has created a membership, may a company automatically charge money every month or every year?

Lawyer Aylin Esra Eren: This question must be answered according to the legal nature of the subscription and the terms agreed in the contract. The mere existence of an automatic collection mechanism is not unlawful in itself. What matters is under which contract, for what period, and on the basis of what intention of the consumer the mechanism is operated.

In particular, Article 52 of Law No. 6502 on the Protection of Consumers and the Subscription Agreements Regulation must be taken into account. Fixed-term subscription agreements may not be extended at the end of their term without the consumer’s request or consent. By contrast, contracts that contain an automatic payment arrangement which was expressly agreed at the outset and is lawful may require a different assessment.

Accordingly, it is not correct to say that every automatic renewal is unlawful, nor is it correct to say that the consumer has accepted all renewals in advance. The term of the contract, renewal conditions, information given to the consumer, and basis for the charge must be examined together.

3. What rights arise when a subscription is renewed without the consumer’s knowledge?

Question: What are the legal consequences if a company renews a fixed-term subscription without the consumer’s request or consent?

Lawyer Aylin Esra Eren: First, the type of subscription must be identified. The Subscription Agreements Regulation provides protection against extending fixed-term subscriptions at the end of their term without the consumer’s request or consent.

If the service continues to be provided after the agreement has ended, without the consumer’s request or consent, it may not be possible to charge the consumer for that period under the applicable legislation.

The consumer may contact the provider to find out which contractual provision the charge is based on and request a refund of amounts that have no legal basis. If the dispute is not resolved, legal avenues such as the consumer arbitration committee or consumer court may be considered depending on the amount claimed and the nature of the relationship.

What matters here is not only checking the credit card statement, but also establishing whether the subscription has legally ended and which period the charge relates to.

4. Is it lawful to charge automatically when a free trial membership ends?

Question: If a platform offers seven days of free use and charges the credit card on the eighth day, may the consumer dispute the payment?

Lawyer Aylin Esra Eren: Charging after a free trial period does not, by itself, mean that the charge is unlawful. What is decisive is how the consumer was informed about the transition to a paid membership, which terms the consumer accepted, and how the payment transaction was authorised.

If, when the membership was created, it was clearly stated that a fee would be charged at the end of the trial period, the applicable amount and renewal conditions were disclosed, and the consumer gave the required consent, a charge may be made according to the contract terms.

However, if the consumer was given the impression that only a free service was being offered, the conditions for switching to a paid membership were concealed, or the required information and consent were absent, the lawfulness of the charge becomes open to question.

The consumer should review the information displayed on the membership sign-up screen, the checkboxes, the payment terms, and the emails sent to them. The main point to watch in free-trial offers is not only that no fee is charged on the first day, but also the terms under which the contract will continue when the trial period ends.

5. What should be done if money is charged to a credit card after a subscription has been cancelled?

Question: If a consumer cancelled a membership but was charged again the following month, how should they proceed?

Lawyer Aylin Esra Eren: First, it should be established on what date the cancellation request was sent and whether it reached the provider. The consumer should keep the email, screenshot, application number, or other records showing that the cancellation was completed.

The consumer should then make a written application to the service provider, ask why the charge was made, and request a refund if the relevant conditions are met. The application should clearly state the subscription number, cancellation date, charge date, and amount.

A payment dispute through the bank may also be considered. However, the outcome of that application depends on the nature of the payment and banking rules. The fact that the cardholder initially authorised payment for a valid subscription does not mean that every later charge is automatically invalid.

What matters is assessing the validity of the cancellation request together with the legal basis for the subsequent charge. If the consumer gets no result despite making applications, they may pursue legal avenues appropriate to the amount and nature of the dispute.

6. Is making subscription cancellation difficult unlawful?

Question: If a membership is created online but cancellation requires a phone call, lengthy procedures, or an in-person application, what rights does the consumer have?

Lawyer Aylin Esra Eren: Terminating a subscription relationship should not be made more difficult for the consumer by unnecessary and disproportionate obstacles. The Subscription Agreements Regulation contains limits on imposing more onerous conditions for termination than those used to conclude the contract.

Nevertheless, it would not be correct to say that the same technical cancellation method is mandatory for every service provider and every type of subscription. The special legislation applicable to the service, the type of contract, and the application channel used must be taken into account.

When the consumer submits a termination request using a method compliant with the legislation, they should ask for the application to be recorded and for the outcome of the procedure to be communicated to them. If the cancellation procedure is thought to have been unnecessarily prolonged or the termination request not processed, creating a written record is important for subsequent applications.

7. What does the seven-day period for subscription cancellation mean?

Question: May the company continue charging for seven more days after a cancellation request?

Lawyer Aylin Esra Eren: The Subscription Agreements Regulation generally provides for a seven-day period for fulfilling a termination request. However, this period should not be interpreted to mean that the provider may, in every case, continue charging for seven days after the consumer’s cancellation request.

The date on which the termination request was received, the type of subscription concerned, any applicable special provisions, and the period to which the charge relates must be assessed together. When the conditions set out in the legislation are met, limits may apply to charging for a period during which the service continues to be provided after termination.

For this reason, the consumer should check not only the date of the cancellation request, but also the date on which the subscription ended and the period to which the last charge relates.

8. When a subscription is cancelled, can all previously paid fees be recovered?

Question: If a consumer paid for a digital service they had not used for several months, may they ask for their past payments back?

Lawyer Aylin Esra Eren: Non-use of a service, by itself, does not require the refund of all payments made previously. If the service was made available to the consumer under a valid subscription agreement, the fact that it was not actually used does not always create a right to a refund.

On the other hand, a refund claim for the relevant periods may arise if renewal took place without the consumer’s consent, if the subscription had legally ended, or if the charge had no other legal basis.

Each payment period must be examined separately. It cannot be concluded that all fees must be refunded without determining when the consumer entered into the contract, when they requested cancellation, when the service ended, and which period the charge related to.

9. What information should consumers be able to access in a digital subscription agreement?

Question: What terms should a consumer expect to be clearly stated when creating a subscription?

Lawyer Aylin Esra Eren: Consumers must be able to understand the economic consequences of the contract. Information such as the subscription price, payment period, contract term, automatic renewal conditions, and cancellation method should be presented clearly and understandably.

There should be no ambiguity, in particular, about how long promotional prices will remain valid, the amount that will apply once the discount ends, or whether a fee will be charged when the free trial period ends.

Consumers’ ability to access the contractual terms later is also important for resolving disputes. Keeping a record of the terms accepted during membership and the information provided is important both for protecting consumers’ rights and for establishing the contents of the contract.

10. May companies unilaterally increase subscription fees?

Question: When a digital platform increases its membership fee, must it obtain the consumer’s separate consent?

Lawyer Aylin Esra Eren: Whether fee changes are lawful must be assessed according to the type of contract, the pricing terms agreed at the outset, and consumer legislation. It cannot be said that a service provider may in every case unilaterally charge any amount it chooses.

The consumer must be given clear information about how the fee will be set and under what conditions changes will be applied. The contractual provisions, rules concerning unfair terms, and any sector-specific legislation must be taken into account.

When faced with an unexpected price increase, the consumer should first review the contract terms and the information provided; if they believe the increase has no legal basis, they should ask the provider for an explanation. If the dispute is not resolved, the relevant consumer remedies may be considered.

11. What are the main obligations of companies providing subscription services toward consumers?

Question: What obligations do digital platforms have to inform consumers and fulfil termination requests?

Lawyer Aylin Esra Eren: The service provider’s obligations are determined within the framework of consumer legislation and any special rules governing the contract. In general, it is important that the contract terms are clear, that consumers are informed about fees and renewals, that lawful termination requests are fulfilled, and that charges are based on a valid contractual relationship.

It may also be examined whether contractual terms presented to the consumer qualify as unfair terms. Terms that disproportionately hinder the consumer’s exercise of statutory rights or grant the provider unilateral and unlimited authority may be subject to review under the relevant legislation.

A service provider’s operation in a digital environment does not remove its obligations under consumer legislation. Contracts concluded electronically are also subject to the applicable rules of consumer law.

12. When may an application be made to a consumer arbitration committee?

Question: If the company refuses a refund, must the consumer go directly to court?

Lawyer Aylin Esra Eren: It is not necessary to apply directly to court in every dispute. The amount and nature of the consumer dispute determine which application route applies.

Consumer arbitration committees are authorised to decide consumer disputes within the monetary limits specified by law. Since this limit changes every year, the amount in force on the application date must be checked. If the dispute exceeds the monetary limit, a consumer court and, where required, pre-litigation mediation may come into consideration.

It would be useful for the consumer to submit the subscription agreement, payment records, cancellation request, correspondence with the provider, and the response to the refund request. Preparing complete documents helps ensure a sounder examination of the dispute.

13. Does the Ministry of Trade’s legislative work immediately give consumers new rights?

Question: Since work on a new regulation has begun, may consumers cancel their existing subscriptions under different rules?

Lawyer Aylin Esra Eren: Starting legislative work and bringing a new regulation into force are legally different stages. The fact that the Ministry has begun work does not, by itself, mean that new provisions are in force.

The scope of the new regulation, which types of subscription it will affect, and when it will enter into force can only be assessed definitively once an official regulation has been published.

Nevertheless, consumers do not have to wait for a new regulation in order to exercise rights they have under the current legislation. Lawful termination of a subscription agreement, informing the consumer, and objecting to charges without a legal basis can also be assessed under the rules currently in force.

14. What records should consumers keep to avoid problems arising from subscriptions?

Question: What are the most important pieces of evidence a consumer can have in a possible dispute?

Lawyer Aylin Esra Eren: A significant part of disputes over digital subscriptions concerns which terms the consumer accepted and when they sent a cancellation request. For this reason, keeping records is very important.

I recommend that consumers keep, in particular, the following records:

The subscription agreement and the terms accepted when the membership was created.

Screenshots concerning the fee, renewal, and free trial period.

An email, message, or application number showing the date of the cancellation request.

Bank and credit card statements and payment receipts.

Correspondence with the service provider and, if any, responses to complaints.

These records may help establish whether a charge was based on the contract and on what date the cancellation request was made. Rather than relying only on verbal conversations, consumers should create written and verifiable records wherever possible.

15. What is the most important legal safeguard for consumers with digital subscriptions?

Question: Based on all these disputes, what is the most important legal principle consumers should know?

Lawyer Aylin Esra Eren: When entering into a subscription agreement, consumers must be able to understand what service they are buying, at what price, and for what period. It should likewise be clear under what conditions the contract will renew and how it can be terminated.

Creating a membership once does not authorise the provider to collect payments in every circumstance and without limit. At the same time, consumers should examine the contract terms and relevant legislation before treating every automatic charge as unlawful.

When a dispute arises, the soundest approach is to keep the contract and payment records, make a written application to the provider, and, if no result is achieved, consider the appropriate legal remedy. In this way, consumers can exercise their rights more effectively and avoid unnecessary loss of time.

Legal checklist for consumers with digital subscriptions

Lawyer Aylin Esra Eren recommends that consumers with subscriptions regularly check the following points:

Find out whether the subscription is for a fixed term or an indefinite term.

Check the automatic renewal and pricing conditions.

Review the fee that will apply at the end of the free trial period.

Keep a document showing that your cancellation request has been recorded.

Determine which period charges made after cancellation relate to.

Make a written refund request for fees that have no legal basis.

If the dispute cannot be resolved, check the monetary limits in force on the application date and the relevant legal avenues.

Conclusion: Consumer consent and transparency should be central in digital services

The problems experienced with digital subscriptions are not limited to the collection of fees. A consumer’s ability to understand the contract terms, know the conditions under which the membership will renew, and effectively exercise the right to terminate are also important elements of consumer law.

The Ministry of Trade’s legislative work shows that problems concerning automatic renewal and cancellation procedures are being reconsidered. However, the scope of the rights consumers have must be determined on the basis of the legislation in force and the specific contract terms.

According to Lawyer Aylin Esra Eren’s assessment, the most important step for consumers is to check the subscription agreement and payment terms, document cancellation procedures, and exercise their rights in a timely manner when faced with charges that have no legal basis.