Guide to understand the Federal Consumer Protection Law

The Federal Consumer Protection Law is the Mexican law that protects the rights of consumers. This law governs Profeco and allows it to regulate business activities.

In this post, I am going to explain what is federal consumer law, who is responsible for monitoring compliance and what are the rights of consumers, as well as the obligations of companies. These data will help you easily understand what is related to this law. If you have a business, this content will be very useful for you.

What is the Mexican law that protects the consumer in Mexico?

The is the law in charge of protecting and promoting the rights of consumers in Mexico. The Federal Consumer Protection Agency (Profeco) is the government entity in charge of ensuring compliance with this law.

Companies that offer services and goods have responsibilities and obligations to comply with this law and assert the rights and interests of consumers.

What is the Prophet?

The Federal Consumer Protection Agency or better known by its acronym Profeco, is the public body responsible for protecting the rights of consumers in Mexico. But it is not its only responsibility, the law lists a large number of obligations for Profeco. Let’s see some of them in the following simplified list.

Main responsibilities and tasks of Profeco

• Promote and protect consumer rights.
• Apply measures that allow equity and security between suppliers and consumers.
• Represent consumers and pursue their interests.
• Facilitate the procedures and manage the necessary actions to protect your rights.
• Represent consumers before jurisdictional and administrative authorities, and before suppliers.
• Provide information and education for the benefit of the consumer.
• Guide the trade and suppliers on the needs and problems of consumers.
• Improve access mechanisms to goods and services.
• Promote ethical principles in companies that offer products and services.
• Protect consumers against misleading advertising.
• Preserve the security of the information of consumers who use electronic means to carry out commercial transactions and interact with suppliers.
• Monitor and verify compliance with prices and rates established or registered by the authority.
• Seek the solution of the differences between consumers and providers.
• Issue opinions where the contractual obligations of suppliers are clear and specified, and comply with the law.
• Report to the Public Ministry the facts that may be crimes or administrative violations that affect the integrity and interests of consumers.
• Fine companies that break the law or do not respect the sanctions for any breach.

What is the Federal Consumer Protection Law?

It was decreed in 1992 during the six-year term of Carlos Salinas de Gortari. It contains rules and regulations that offer the ideal conditions for consumers and users to enjoy their rights.

Objective of the law

The purpose of the Federal Consumer Protection Law is to “promote and protect consumer rights and culture and seek fairness, certainty and legal certainty in relationships between providers and consumers.”

In more common words, this law’s main objective is to take care of consumers and promote healthy relationships between companies and users of products and services.

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Summary: Federal Consumer Protection Law

Important concepts to understand this law

Within this law, there are some important concepts that we will review below.

Consumer: is that person ―it can be a natural person or a company― who buys goods, products or services. Regardless of whether it is the final recipient or integrates them into processes to market them to third parties.

Supplier: is the person who promotes, sells, rents or distributes any type of goods, products or services.

Most important articles of the Federal Consumer Protection Law

Next, I will list the most important articles of the law and a brief explanation of what each of them deals with:

• Article 1. Lists the rights of consumers.
• Article 7. Companies and businesses are required to display in a visible place the total amount to be paid for their products or services.
• Article 8. On the obligation of Profeco to monitor and verify the maximum prices established by the Federal Law of Economic Competition.
• Article 9. Indicates the administrative responsibility of companies and suppliers for acts of their personnel that violate the rights of consumers.
• Article 10. No company or supplier can deprive a consumer of his freedom. Nor under the pretext of carrying out an investigation of a crime, since this task corresponds to the corresponding authorities.
• Article 11. On the return of deposits or advance payments at the time of making a return.
• Article 18. Public registry of consumers who do not want to receive promotions and with which Profeco is obliged to protect their data for advertising purposes.
• Article 25. Stipulates the amounts of fines and measures of action in case of violation of consumer rights.
• Article 32. On the information or publicity disclosed by companies and suppliers, that is to say, what is related to misleading publicity.
• Article 37. Explains that companies must compensate affected consumers for lack of information or veracity in reports, instructions and conditions of the products and services they offer.
• Article 46. Related to promotions.

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What are the consumer rights in Mexico?

It is necessary for consumers to know their basic rights ―“basic principles in consumer relations” within the Profeco law― to prevent companies from affecting them. It is also very important that companies know them, in this way they avoid falling into bad practices and protect their business. Here I share the list of rights.

1. Right to protection of life, health and safety
2. Right to education and disclosure
3. Right to information
4. Right to compensation and repair of damages
5. Right to protection and prevention of harm
6. right to choose
7. Right to non-discrimination or mistreatment
8. Right to personal data protection
9. Right to protection against misleading and abusive advertising

Did you know your rights when buying a product or hiring a service? Don’t worry, many people don’t know about them. We will review each one in detail.

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1. Right to protection of life, health and safety

To comply with this right, companies must comply with regulations that regulate the manufacture, operation or supply of products and services. In this way they are taking care of the integrity of consumers.

For example, when buying hair dye, you have the right to have instructions that explain and train you to use the product correctly and without affecting your health. In case there are risks or dangers, that you know them to know how to act in case of an adverse reaction.

2. Right to education and disclosure

All consumers have the right to receive education, disclosure and training for the correct use and consumption of the products and services they acquire. Likewise, knowing, obtaining and disseminating information about their rights and the way in which the law protects them.

In addition to the manuals and instructions, consumers have the right to meet to learn about their rights, as well as to receive the necessary information from the government and companies.

3. Right to information

This right states that all information regarding products and services must be clear, timely, you will see and necessary. In other words, the information on your advertising, labels, instructions, guarantees, catalogs, web pages, social networks and official media must be what is necessary to inform potential buyers.

To exemplify this right we will use a very simple example; all products must have a label with complete information about what you will get when you pay for it.

4. Right to compensation and repair of damages

This right applies when a product does not work or the contracted service does not comply with the conditions of the contract. Users have the option to request replacement, return and, in some cases, a bonus of not less than 20% of the value paid or compensation for damages.

For example, if you attended an event and suffered an accident due to lack of security measures; You can ask for the repair of the damage to receive medical attention and everything related to that incident.

5. Right to protection and prevention of harm

It is the right of consumers to have access to the entities and authorities that are responsible for preventing damage of any kind (moral, economic, individual, collective, etc.) to guarantee legal, economic, administrative and technical protection.

Similarly, consumers can be informed and organize individually or collectively to defend their interests. As in the case where a group of 30 or more people can file a complaint against one or several providers that violate their rights.

6. Right to choose

Has it happened to you that, out of nowhere you have a charge for a service that you do not remember having contracted? You can report it because that is an example of the violation of a consumer right.

One of the rights of consumers is to be able to choose to buy a product or hire a service. For this reason, no one can force or condition them to buy something if they do not want it, nor to pay advances without there being a contract where these conditions are previously accepted.

8. Right to non-discrimination or mistreatment

Have you come across the following sign at the entrance of many restaurants or commercial premises?

In this establishment we do not discriminate for reasons of race, religion, nationality, sexual orientation, physical or socioeconomic condition, or for any other reason.

The reason for that plate is the right to non-discrimination or mistreatment that all consumers have. No company can deny service to users for discriminatory reasons.

9. Right to protection against misleading and abusive advertising

Any information that is not true or is exaggerated in order to advertise a product or service and obtain more sales is considered as . Consumers are protected and authorities such as Profeco are responsible for monitoring and fining for this type of advertising.

Consumer rights cannot be ignored by law. For this reason, it is very important that users are very clear about their rights, but also the terms and conditions of purchase. In this way, they will avoid being affected by companies that do not follow the law.

In conclusion

If you have…