Are credit card fees legal?
1. Introduction: The Legal Background of the Membership Fee Dispute
Millions of citizens in Türkiye use credit cards. However, the annual "card fee" charged on most of these cards is one of the banking fees that consumers complain about the most. While banks collect this fee under different names such as "membership fee" or "annual card fee," consumers ask questions such as, "Can a fee be deducted without my consent? Is this fee legal?".
At the heart of this debate lies the Consumer Protection Law No. 6502 , the Regulations and Communiqués Regarding Fees to be Collected from Financial Consumers, and the Supreme Court's jurisprudence changes over the past decade . It can be argued that as of 2025, the fee will not be completely prohibited , but will be considered valid under certain conditions .
2. The Legal Nature of Credit Card Fees
Credit card fees are an annual charge that banks collect from consumers in exchange for providing card services. This fee covers expenses such as card printing, distribution, system services, campaign costs, and the benefits offered by the card. However, the fundamental question here is whether this fee is collected with the explicit consent and knowledge of the consumer.
2.1. Evaluation from the Perspective of the General Principles of the Turkish Consumer Protection Law
Article 4 of Law No. 6502 regulates the concept of "unfair terms." In consumer contracts, unilateral provisions that are detrimental to the consumer, contrary to the principle of honesty, and incompatible with good faith "unfair terms .
Therefore, a bank including an annual card fee in a contract only valid if it is explicitly communicated to the consumer and accepted . Otherwise, this provision an unfair term and null and void .
3. Legislation: Law No. 6502 on Consumer Protection, Banking Regulation and Supervision Agency (BDDK) and Central Bank of Turkey (TCMB) Regulations
3.1. Law No. 6502 on Consumer Protection
In accordance with Articles 4 and 5 of the Law;
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Every fee mentioned in the contract must be based on clear, understandable, and informed consent.
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Charging fees without the consumer's consent is considered unfair.
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Unfair terms are not binding on the consumer.
3.2. Regulations of the Banking Regulation and Supervision Agency (BDDK) and the Central Bank of the Republic of Turkey (
The Banking Regulation and Supervision Agency (BDDK) has set the limits for credit card fees for many years. However, in regulations after 2020, this authority to the Central Bank of the Republic of Turkey (TCMB) .
the "Communiqué on Fees to be Collected from Financial Consumers" ;
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Banks free or fee-free card options.
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the consumer chose a card with an annual fee with their informed consent, the bank may charge a fee.
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However, when a card with an annual fee is offered, additional benefits or services to differentiate it . Otherwise, the fee is unfair.
At this point the legitimacythe consumer's informed consent and whether an alternative card option is offered .
4. The Legal Status of Membership Fees in Light of Supreme Court Decisions
4.1. Previous Case Law: The Era of "Membership Fees Are Unfair"
In the 2010s, the 13th Civil Chamber of the Supreme Court of Appeals, in many of its decisions, characterized credit card fees as "unfair terms." According to the Supreme Court, if the bank does not provide a special service in return for the card fee, the collection of this fee is unlawful. During this period, thousands of consumer arbitration board decisions were issued in favor of the refund of fees.
4.2. New Approach: “It is Valid if an Alternative is Offered”
However, after 2019, the Supreme Court changed its jurisprudence with the entry into force of regulations by the Banking Regulation and Supervision Agency (BDDK) and the Central Bank of Turkey (TCMB). Now, the Supreme Court finds it lawful for a bank to charge an annual fee if a fee-free card option is available and the consumer chooses a card with an annual fee despite this
For example:
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If the bank offers a fee-free card alternative,
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If the consumer has chosen a card with annual fees and "points, miles, cashback" benefits,
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If the price is explicitly stated in the contract,
In this case, the membership fee is considered legal.
The Supreme Court's General Assembly of Civil Law has similarly "fees may be charged if there is an explicit provision in the contract, information is provided, and alternatives are offered .
5. Mandatory No-Annual Fee Cards and Consumers' Right to Choose
According to regulations, every bank at least one credit card option with no annual fee. The aim of this regulation is to enable consumers to make their own choices freely.
If a bank charges an annual fee without offering a fee-free card, this is clearly against regulations. In such a case, a refund of the fee can be requested.
6. Cases Where the Membership Fee is Unfair
Collection of membership fees is considered unfair in the following cases:
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If the card has never been used or never received,
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even though the card was cancelled ,
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If the bank charged an annual fee even though it did not offer a free card option ,
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If there is no explicit provision in the contract or the consumer has not been informed,
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If separate approval has not been obtained for the additional card fee
In these cases, the consumer can request a refund from the Consumer Arbitration Board or the Consumer Court
7. Application Process to the Consumer Arbitration Board (2025 Monetary Limits)
The most practical way to get a refund of membership fees apply to the Consumer Arbitration Board .
As of 2025, the monetary limits are as follows:
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For disputes up to 66,000 TL, the Provincial or District Consumer Arbitration Board is responsible.
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For amounts exceeding this limit, the Consumer Court jurisdiction.
Applications online via e-Government . Required documents include:
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Relevant credit card statement,
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The letter of objection submitted to the bank,
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Bank response or silence period, if any
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Identity and contact information
It should be included.
8. How to Submit a Preliminary Application to the Bank?
The consumer must first apply to the bank in writing (via registered electronic mail, email, or a bank branch) and request a refund of the fee.
The bank is obliged to respond within 20 business days, either positively or negatively. If no response is received, the consumer can apply directly to the arbitration board .
9. Sample Application Form for Membership Fee Refund
SUBJECT: Request for refund of unfairly charged annual credit card membership fee
EXPLANATION:
A deduction of … TL was made from my credit card statement under the name "annual membership fee" without any prior notification to me.
According to Law No. 6502 on Consumer Protection and related legislation, collecting fees without the consumer's consent is illegal. Therefore, I request a refund of the collected amount.
CONCLUSION and REQUEST:
I request the return of the unjustly collected amount of … TL.
Name – Signature – Date
10. Supreme Court's Application Criteria for Membership Fee Refunds
In recent years, the Supreme Court has based its decisions on the trio of "information, alternative presentation, and explicit contractual provision."
If any of these criteria are missing, the fee is considered unfair.
In other words, it's not enough for it to simply be stated in the contract; the consumer must be informed about it and offered an alternative card option.
Otherwise, it will be assumed that "the consumer did not act of free will," and a refund will be ordered.
11. Interest and Statute of Limitations in Membership Fee Refund Cases
Since card fees are generally collected in installments and periodically , each collection is considered an independent transaction. Consumers can apply for a refund for each fee deduction within a 10-year statute of limitations
If a refund is ordered, legal interest will be applied to the amount. This interest will accrue from the date of the refund order until the date of collection.
12. Annual Fee Application for Additional Cards
Many banks also charge annual membership fees from supplementary cardholders. However, since a supplementary card is an extension of the main card, this fee constitutes an unfair term unless specifically stated in the consumer agreement. The Supreme Court also emphasizes that supplementary card fees are only valid if the cardholder is informed and consent is obtained
13. No-Annual Fee Cards and Banking Strategies
While some banks offer fee-free cards, they often remove benefits such as "points, miles, and installment payments" from these cards. This is within legal limits; however, consumers may still have to pay an annual fee if they choose this advantageous card.
What is important for consumers is that they receive comparative information and are granted the right to make informed choices.
14. Tax and Banking Aspects of Membership Fees
Credit card fees are considered income for banks and are subject to VAT. However, from the consumer's perspective, since this fee is not in exchange for a service, it is considered an unfair charge.
A refund request from a tax standpoint includes both the refund of the unfairly charged amount and the VAT.
15. Implementation Projections for 2025
With the rise of digital banking in the new era, fee-free digital cards are becoming more common.
The Central Bank of Turkey (TCMB) has mandated that banks offer consumers a "fee-free digital card option" by 2025. This will significantly reduce fee disputes.
16. Frequently Asked Questions (FAQ)
1. Are credit card fees completely prohibited?
No. If the consumer is informed and chooses the card with the fee themselves, the fee is considered legal.
2. Is consumer consent required to collect the membership fee?
Yes. Explicit consent must be obtained in writing or digitally.
3. I never used the card, yet I paid the annual fee. Can I get a refund?
Yes. If the card was not actively used, this fee is unfair.
4. Is there a time limit for a refund of membership fees?
Yes, you can apply within 10 years from the date of payment.
5. Can an additional card fee be charged?
Only with explicit consent. Otherwise, it is an unfair condition.
6. Is applying to the Arbitration Board free of charge?
Yes, it is completely free.
7. What happens if the bank doesn't refund the fees?
The arbitration board's decision is binding. If the bank doesn't comply, legal action can be taken.
17. Conclusion: Seeking a Balance in Favor of the Consumer
Credit card fees have caused consumer grievances for many years.
However, with Law No. 6502 and regulations by the Central Bank of Turkey, fees are no longer completely prohibited, but they have been limited.
Here we are today:
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If the consumer has been informed,
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If a fee-free alternative is offered,
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If there is an explicit provision in the contract,
It is legal for banks to charge fees . However, if even one of these conditions is not met, the consumer has the right to a refund.
18. General Assessment and Legal Recommendations
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Banks transparency and information obligations .
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Consumers should definitely fee-free options .
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In the case of unpaid membership fees, you should first apply to the bank, and then, if necessary, legal action through the Consumer Arbitration Board or the courts .
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Arbitration board decisions are enforceable and have a high success rate in favor of the consumer.
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