In Mexico, consumer protection regulation is contained in the Federal Consumer Protection Law ("FCPL"), which does not accept habits, usages, practices, covenants, or contractual provisions on the contrary, its Regulation and Mexican official Standards, which are mandatory in all Mexican territory.

The authority commissioned to apply FCPL is the Consumer Protection Federal Agency ("Profeco").

Article 2, of FCPL the consumer in the following terms: "Individual or legal entity that acquires, trades, or enjoys goods, products or services as the ultimate beneficiary." Under this definition final consumers although they are big organizations could also be considered as consumers.

Moreover, for purposes of claims before Federal Consumer Agency, consumer shall also be understood as the individual or legal entity that acquires, stores, uses, or consumes goods or services in order to incorporate them into processes of production, manufacture, marketing, or to render services to third parties provided that the amount of the transaction subject-matter of the claim does not exceed approx. MXN $600,000.00 Mexican Pesos (USD $35,275.61).

In general terms all goods and services offered by Suppliers (individual or legal entity that customarily or periodically offers, distributes, sells, leases, or grants the use or enjoyment of goods, products, and services), are subject to FCPL provisions, with the following exceptions:

1. services rendered by reason of a labor or contractual relationship;
2. professional services which do not have a commercial nature,
3. services rendered by credit bureaus,
4. services governed by financial laws rendered by Institutions and Organizations which supervision or surveillance has been entrusted to the National Banking and Securities Commission (Comisión Nacional Bancaria y de Valores),
5. the National Commission of Insurance and Bonds (Comisión Nacional de Seguros y Fianzas),
6. the National Pension Fund System (Sistema de Ahorro para el Retiro) or any regulating or supervisory office, or to an office of protection and defense subordinated to the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público).

Yes, FCPL provides rights for consumers, as follows:

• Right to receive information: To obtain complete, truthful, verifiable, understandable, accurate and suitable information regarding the products and services matter of transaction as well as on the applicable risks that may arise from their consumption or use (if applicable), the mechanisms for the protection of their rights and the ways to exercise them.
• Right to receive products and services that comply with the terms and conditions offered by suppliers and the applicable advertising: Terms and Conditions shall be complied by suppliers as offered, which includes it is honored any legal guarantee offered or provided by law. Consumers can claim suppliers to comply with the applicable terms and conditions.
• Right to receive products and services that comply with applicable regulations, that are appropriate for the use for which it is intended and otherwise, the right to claim a bonification and an indemnitee: This includes the right that the products do not cause damage under normal conditions of use and to protection against harmful consequences for the health, life or integrity of consumers.
• The right to receive protection against misleading advertising.
• Right to have conciliatory hearings with the suppliers, during the hearing to require the Consumer Protection Agency for an expert opinion related to the matter and to attend a judicial courts to enforce their rights:
  • Regarding the expert opinion, please consider that, this document will constitute a non-negotiable executive title in favor of the consumer that can be used at court by the consumer.
  • Contractual protection: To be protected from abusive clauses in adhesion contracts, under the terms of FCPL.
• Right of choice: To freely choose goods and services, and that suppliers honor their decisions regarding the quantity and quality.
• Right to equality: To be treated equally and in a non-discriminatory manner.
• Not to be bothered: To demand directly from specific suppliers and from companies that use information on consumers with marketing or advertising purposes, not to be bothered in their address, workplace, and electronic address or through any other means to be offered goods, products, or services, as well as to send no advertising.

No, the regulations in question are not intended to define consumer's duties, however, statutory limitations might come into effect if consumers do not exercise their rights within the terms provided by FCPL. 

No, jurisdiction is exclusively territorial with respect to goods and services offered within the Mexican territory. If the offeror is not domiciled in Mexico, the authority will not have jurisdiction.

Yes, the same law contemplates the possibility of applying rules contained in special laws, if any. For example, in the case of credit services and legal collection offices there are special laws that regulate the subject. Also, "good practice" standards have been published by Profeco, as it is the E-commerce Mexican Standard, the guideline of deceptive advertising and one for "Influencers". Moreover, Mexican Official Standards, in conjunction with FCPL, regulate a range of specific products and other related matters, including but not limited to:

• electronic products,
• product labels, instructions, and warranties,
• clothing,
• leather goods, and
• products made from gold, silver, and other metals. Moreover, specific services are also regulated as they are timeshares and event rooms.

In general terms, according to FCPL and except if regulated additionally by an Official Mexican Standards (which can implicate additional/specific information), the following information is required to be provided to consumers: prices, fees, warranties, amounts, qualities, measurements, interests, charges, terms and conditions, time periods, dates, modalities, reservations, and other conditions applicable to the services, goods or products. 

Yes, in general terms Suppliers are not obligated to provide a warranty (with some exceptions as it is the real estate aimed for personal use).

However, if the product or service is offered with a warranty, they must adhere to the stipulations outlined in the FCPL and the agreements established between the supplier and consumers.

Moreover, mainly, the following mandatory provisions must be considered:

1. The Warranty policy shall be issued in written, in clear and accurate fashion and must be delivered to the consumer with the product.
2. It shall express at least, its scope, duration, conditions, mechanisms to make it effective, address to submit claims and premises or service shops.
3. It may not be less than 90 (ninety) days and may nor stipulate conditions or limitations that diminish the rights legally conferred to the Consumers.
4. Producers shall insure and be accountable for the timely supply of spare parts, as well as the repair services during the duration of the guarantee, and later, during the time the products continue to be manufactured, assembled, or distributed.
5. The satisfaction of a warranty may be demanded, indistinctly, from the producer and the importer of the good or service, and from the distributor, except in the cases when any of them or a third party has assumed such obligation in written.

Regardless, it is important to consider that FCPL provides that consumers are entitled to receive back their payment against the return of the product plus a bonification of no less than 20% of the price paid if the product does not correspond to the quality, trademark, specifications, or other substantial elements under which it was offered. Consumers have up to two months to exercise this right and the request must be answered by suppliers within fifteen days.

Yes, as explained in the previous point, if the products are offered with warranty, as a general rule the legal warranty is for ninety (90) days.For the case of Real Estate, the term is of five years based on structural issues and three years for waterproofing (mandatory warranty).Additionally, Mexican Official Standard Mexican Official Standard NOM-024-SCFI-2013, establishes as minimum warranty for Household appliances a term of one year.

The consumer may file a consumer protection action when he/she observes the breach of consumer rights due to the breach of a Supplier to the rules on consumer and user protection, those originating in the application of the contractual protection rules contained in FCPL and in special rules on consumer and user protection; those aimed at achieving the enforcement of a guarantee; those aimed at obtaining the repair of damage caused to goods in the provision of services or due to misleading information or advertising, regardless of the sector of the economy in which the consumer's rights have been breached. 

No, there is no specific action provided by law to resolve consumer protection lawsuits, therefore Consumer's matters must be filed as any other regular commercial claim.

Regardless, please consider that Profeco has a conciliation process, to whom suppliers are obliged to assist, otherwise, fines are imposed to them.

Please consider that the specific process shall be determined on a case by case basis. Usually a commercial oral judicial process would apply, which stages are the following:

1. Initial Complaint based in the breached consumer's laws: The complaint must include the facts, legal grounds, and claims of the plaintiff.
2. Summons: After the complaint is filed, the judge summons the defendant, notifying them of the existence of the complaint and granting them a period to respond.
3. Response to the Complaint: The defendant must present their response to the complaint in the following nine days, outlining their arguments, defenses, and evidence in their favor.
4. Preliminary Hearing: Following the response to the complaint, a preliminary hearing is scheduled for it to be held within the following 10 days to review the points of dispute, determine admitted facts, establish disputed facts, and admit evidence.
5. Trial Hearing: Following the Preliminary Hearing, the trail hearing is scheduled for it to be held within the following 40 days. During this hearing, evidence and arguments from both parties are presented. Evidence can be documents, testimonies, expert opinions, etc. After all the evidence is presented both parties have the opportunity to make final arguments summarizing their points and presenting conclusions.Once the trial hearing and final arguments are concluded, the judge delivers a verdict that resolves the dispute and establishes the obligations and rights of the involved parties.
6. Execution of the Verdict: If the verdict favors the plaintiff and the defendant does not comply voluntarily, actions can be taken to execute the verdict, including seizing the defendant's assets to satisfy the debt or obligation established in the verdict.

In general terms, there is not an appeal court available for this type of matters therefore the verdict may only be challenged if any of the parties alleges that constitutional rights where breached.

In general terms, compensatory damages are recognized. Consumers have the right to claim indemnification for damages that directly result from a seller's breach of contract. However, it is important for consumers to be able to provide evidence of these damages in a court of law.

Furthermore, there are other types of damages that can be claimed under the FCPL, including:

Seeking compensation or remedies as provided by the law. This could include instances where consumers have been provided with misleading information or false advertising, or when there has been a failure to adhere to contractual protection rules.
Requesting a refund of any money paid, along with any applicable interest.

Punitive matters are not expressly recognized in the applicable law.

Yes.

According to article 26 of FCPL, when acts, facts or omissions are carried out that violate the rights and interests of a collectivity or group of consumers, the Federal Consumer Agency as as well as any legitimized association according to Mexican Law may lead to class actions.

However, it does not occur very often in Mexico.

The satisfaction of a guarantee may be demanded, indistinctly, from the producer and the importer of the good or service, and from the distributor, except in the cases when any of them or a third party has assumed such obligation in written. The satisfaction of a guarantee shall be carried out at the address in which the good or service has been acquired or contracted, or in the place or places indicated in the policy. The supplier shall pay to the Consumer the expenses that such Consumer has disbursed in order to satisfy the policy in an address different to the address indicated above. 

Yes, Federal Consumer Agency is the authority in charge of verifying the compliance to FCPL and Mexican Official Standards.

Federal Consumer Agency may impose, after an administrative investigation, the following sanctions:
In case of breach to FCPL:

Fines up to $5'645,741.68 MXN (approx. $335,659.40 USD)
Prohibition of commercialization of goods or products, when, having been suspended, it is determined that their conditioning is not possible, reprocessing, repair, or substitution, or when it cannot be placed on the market in accordance with the provisions of FCPL. In such case, the destruction of the goods or products that correspond.

In the case of services, the prohibition of commercialization will proceed when, having been suspended, there is no guarantee that its provision can be made in accordance with the provisions of FCPL.
In case of breach to Mexican Official Standards:

Warnings;

1. Temporary or permanent closure, which may be partial or total;
2. Administrative arrest for up to thirty-six hours;
3. Suspension, cancellation or revocation of the authorization, approval, accreditation, registration or designation, as appropriate;
4. Suspension or prohibition of the commercialization of goods, products and services.
5. Fines up to $3,000,000.00 MXN (approx. $183,711.50 USD) in force (for the case of breach to Official Mexican Standards);

In case of recidivism the fine could be doubled. Moreover, the offender may be arrested.
In any case, sanctions are determined considering:

1. the applicable breach
2. the damage caused to the consumer or society in general;
3. the intentional nature of the violation, if it is a recurrence, and the economic condition of the offender.

Federal Consumer Agency may impose, after an administrative investigation, the following sanctions:
In case of breach+B21

No, from a Mexican Consumer Law perspective, it is not mandatory to implement foreign safety campaigns in Mexico with respect to goods that are not marketed in the national territory. 

Yes, Article 76 Bis of FCPL, regulates consumer rights in transactions carried out through the use of electronic, optical, or any other technology.

Yes, these additional rights are:

• Right to revoke his/her/its consent regarding the purchase withing following 5 (five) business days after receiving the product or signing the agreement (whichever is after), in which case, consumers will be entitled to the refund of the money paid. Please consider is also applicable to any other non-immediate purchase, as it may be sells made through phone, however in practice it is usually applied to e-commerce transactions.
• That their information is used in a confidential basis, and thus the supplier shall not release nor transfer it to other suppliers unrelated to the transaction, except with the express authorization from the consumer, or by reason of a request by a competent authority.
• To be informed before carrying out any transaction:

• • Of the general characteristics of the available technical elements that are implemented by the supplier to offer safety and confidentiality to the information provided by them and the transaction itself;
  • Of the physical address, telephone numbers and other means where they may submit any claims or request clarifications.
  • About all the information, terms, conditions, costs, additional charges if applicable, and terms of payment of the goods and services offered by the supplier.
  • About the specifications, features, conditions and/or terms applicable to the goods, products or services offered

That suppliers implement mechanisms in the transactions:

• for they to accept the transaction and verify it reflects their intention to purchase the goods, products or services offered and any other relevant conditions;
• for transaction test support;
• for filing petitions, complaints or queries; to validate consumer's identity, payment and delivery mechanisms and to provide appropriate and reliable technical security that ensure the protection and confidentiality of their personal information and the transaction itself;
  
  
  

Yes, in Mexico, there is still no regulation that specifically determines whether it is applicable or not. However, since the FCPL does not discriminate to which products and services it applies, but speaks in general terms, it should be understood that it is applicable. 

Yes, influencers must comply in particular with the provisions of FCPL regarding the duty of information and those that refer to advertising.

On August 21, 2023, it was published in the Mexican Official Gazette an Advertising Guide for Influencers issued by the Federal Consumer Agency, which main points are the following ones:

• It makes mention that whenever an individual provides information, mentions, refers, or publish the recommendation of a good, product or service through its platforms, digital or social media, it will be considered advertising. Also, it will be considered advertising whenever an individual is invited to an event and/or she/he is provided with products or receive any non-financial benefit and share her/his experiences through his/her platforms or social networks.
• Influencers' content (if it includes advertising) is governed (and therefore may be sanctioned) by Federal Consumer Protection Law, which provides that the advertising must be clear, truthful, verifiable, and exempt in other ways that may mislead or confuse the consumers.
• Provides various recommendations regarding how to inform consumers when their content is an advertising, as it may be to use the hashtag's #PaidAdvertising #Advertising #PersonalOpinions #SponsoredBy.

No, in Mexico, it was approved by the Chamber of Deputies a change to Federal Consumer Protection Law which implicate additional requisites to be considered by hotels that offer all-inclusive packages when providing information or advertising to final consumers, nevertheless, it does not implicate a significant impact on the regime in our jurisdiction.