Consumer Rights in Mexico

Introduction:

Consumer Rights in Mexico

When you’re living in Mexico, you might feel that you have no rights as a consumer, but you’d be wrong. You are protected. If you think you’ve been wronged by a business, then you have resources available to you.

In this article, we’ll cover some common consumer violations, what you can do, and whom you can reach out to if you’ve been mistreated by a service provider or business.

What Is the Legal Definition of Consumer in Mexico?

Consumer Rights in Mexico

According to Mexican Federal Consumer Protection Law (Ley Federal de Protección al Consumidor – FCPL), a “consumer” is defined as a person or a legal entity that trades, acquires, or is the ultimate beneficiary of any goods, products, or services.

“Consumer” can also be defined as an individual or legal entity that uses, stores, consumes, or acquires goods or services for the purpose of using them in the production process, manufacturing process, marketing, or to supply these goods or services to a third party—so long as the disputed transaction is below 545,737.62 MXN pesos (exactly $30,108.89 USD as of the writing of this article).

Common Consumer Violations:

Consumer Rights in Mexico

These are your rights as a consumer. If you feel that a business has violated the following consumer laws in Mexico, then you should contact PROFECO (we’ll cover that in the next section).

*For a full list of all consumer regulations, listed in English, click here.

• Service providers cannot discriminate on the basis of race, nationality, sexuality, gender, or disability. This is illegal.
• In Mexico, you have five business days to cancel a vacation ownership agreement / timeshare contract after you have signed the contract. Notify the developer within 5 business days via email and certified mail. If your timeshare is not canceled, then you need to file with PROFECO. (More on that in the next section.)
• All businesses must list written prices, they cannot arbitrarily tell you the price. Providers must honor the written price—and any valid promotions—and cannot change it at the last minute.
• In Mexico, all taxes, commission prices, interest, and insurance payments are included in the listed prices. What you see is what you pay.
• All prices must be listed in Mexican pesos. Additional currencies can be listed, but only as long as Mexican pesos are listed.
• Minimum consumption laws are illegal in Mexico, and restaurants and bars cannot legally force you to purchase beverages or food in order to get a table.
• Restaurants cannot automatically add a service charge or tip to the bill.
• Gas stations are notorious for shortchanging customers, accusing the customer of shortchanging them—and then giving back the wrong change, credit card fraud, not resetting the pump. . . the list goes on.

In short, the price must be the total price—listed in Mexican pesos (MXN)—with no additional hidden charges, not even tax. There can be no compulsory minimum consumption purchases. And you cannot be refused service on the basis of any personal characteristics.

*For more information, click here.

Who to Contact If You Think A Business Has Violated Consumer Laws:

Consumer Rights in Mexico

The Procuraduría Federal del Consumidor—commonly referred to by the acronym PROFECO—is an agency in the Mexican government that handles consumer violations and enforcing the related Mexican laws.

They address concerns and complaints from Mexican citizens, residents, and tourists. They also investigate businesses and often perform private inspections—and they have the right to close any business if they find that the Mexican consumer laws have been violated.

If you feel that you’ve been wronged, taken advantage of, or robbed, and the employees and management at the Mexican business have not addressed your concerns, then you can reach out to PROFECO.

How to File A Complaint with the Mexican Government:

Consumer Rights in Mexico

• To file a complaint with PROFECO, you can click here to go to their website.

• Or you can file a complaint by emailing them at: profeco@profeco.gob.mx

• Or you can click here to jump directly to PROFECO’s complaint form.

You will need the following:

• An invoice, receipt, Mexican factura, and/or written contract detailing the agreement with the consumer and the business or service provider.
• Include all documents that will help to prove your complaints, such as credit card receipts, copies of documents, email correspondence, or any other proof that will help to make your case.
• If the complaint is submitted by a legal Mexican guardian of a consumer, it must be notarized before two witnesses. The complaint must include a copy of the official identification of all the persons involved (including the two witnesses).

*If you are not a legal resident in Mexico, and are in the country on a tourist visa, then send scanned copies of all documents to turista@profeco.gob.mx

*Or you can mail all related documents to:

Procuraduría Federal del Consumidor Dirección General de Quejas y Conciliación Av. José Vasconcelos No. 208, 6º piso, Col. Condesa, Delegación Cuauhtémoc México, D.F. C.P.: 06140

*For more contact information:

Tel: (011-5255) 5211-1723 Fax: (011-5255) 5625-6621

*For detailed instructions on how to file a complaint with PROFECO, click here.

Product Liability in Mexico:

Consumer Rights in Mexico

In addition to the Federal Consumer Protection Law (FCPL), each Mexican state also has its own civil codes that dictate civil liability—which includes hidden defects in the product. If you can prove the following, then you should file a civil liability claim with with PROFECO:

• Loss
• Wrongdoing
• Hidden defect
• Causal link between the three listed above

Strict liability claims can be filed for the damages caused by any dangerous product—unless the damage is the result of the negligence of the victim. This includes damages caused by a product's flammable or explosive nature, speed, high voltage required in operating the product, or any other similar causes.

Consumers are entitled to a whole new product or a full refund for the price of the product—with an additional 20% of the price as compensation for any inconvenience caused (this includes any additional costs such as delivery of the product in question).

*For more in-depth information on product liability claims in Mexico, click here.

Conclusion:

Consumer Rights in Mexico

If you feel that you’ve been wronged or robbed by a Mexican business or service provider, then you do have rights and recourses provided by the Mexican government. Contact PROFECO if you feel that you’ve received faulty products or have been treated unfairly. You can get fair and just compensation for your time and money in Mexico.