Consumer Laws and PROFECO
In 1976, Mexico passed the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) with the goal of protecting consumers across Mexico. The legislation also created the Procuraduría Federal del Consumidor (PROFECO), a government agency tasked with enforcing the law and investigating possible violations.
PROFECO has the authority to close a business and/or levy fines.
The law has been expanded quite a bit since 1976 and now totals 96 pages. If you are interested in reading it in its entirety, and you can read Spanish, here is a link:
A. Common Violations by Category
There are a lot of activities on the part of a vendor or service provider that may constitute a violation. The following are some of the most common violations according to PROFECO:
1) Prices must be exhibited within view of the consumer or provided in the menu
This is probably the most common violation. If a vendor can only quote you the prices verbally, that is a violation. All prices must be in writing.
2) Tips cannot be made mandatory or included in the price
You should always inspect your bill carefully. If they add the tip or a surcharge for service, that is violation.
3) Restaurants and bars cannot make getting a table dependent on buying something
This is most common in bars and nightclubs. Some businesses will require you to buy a bottle of something in order to get a table. This is a violation.
4) An establishment cannot have minimum consumption requirements
Some businesses require you to purchase at least two drinks or spend a minimum. This is a violation.
5) Providers must honor promotions and exhibited prices
Some vendors may refuse to honor promotional prices or may change the price at the last minute due to some “unforeseen circumstances”. This is a violation.
6) Providers cannot discriminate based on national origin, gender, sexual preference, race, or disability.
Some vendors may refuse to honor a promotional offer or even charge you more because you are a foreigner. This is a violation.
7) Exhibited prices for goods and services must be the total price to be paid
This means that the price must already include all taxes, commissions, interest, insurance or any other charge that the person may be required to pay. In a nutshell, you pay only whats on the price tag or advertisement.
8) Prices must be exhibited in the national currency (pesos) although additional currency types may be included
If you go to a business or restaurant and the prices are only listed in dollars, that is a violation.
B. Gas Stations
Frauds related to Mexican gas stations are notorious: shortchanging the customer; not putting the pump on zero before pumping; pumping part of the gas into a different container; and software hacks that make the pump dispense fewer liters. I could actually dedicate a very long blog to this topic, but for now I will just touch on the topic.
PROFECO is the agency that is tasked with investigating any consumer violations related to gas stations. PROFECO even conducts inspections of gas stations and measures the liters being dispensed to ensure the meter on the pump is accurate.
If you do feel that you have been a victim of a fraud at a gas station, request a receipt. Take some pictures of the pump and of the attendant, if possible. These will be beneficial when you file a complaint with PROFECO.
C. Reporting a Violation
PROFECO provides various methods to report a consumer violation:
Phone: 55 68 87 22 and 01 800 468 87 22
C. Mobile Application: PROFECO en 30 (available at the online store for your device)
To use the app, you will have to attach pics of your official identification when you are creating an account. Once you are approved, you will receive a password that will allow you to begin reporting violations.
Once you make a report, you will receive a tracking number via email so you can monitor the progress of your complaint and learn the outcome.
D. Vacation Ownership Contract
By law, you have five business days to cancel a vacation ownership contract after you have signed it. If you decide to cancel the purchase within this period, notify the developer by email and certified mail. Keep the receipt as evidence you cancelled on time. You should receive a prompt refund of all the money you have paid, without any canceling penalties, within fifteen business days.
E. Additional Tips
Knowledge is power. Unscrupulous taxi drivers, service providers, and vendors are counting on your ignorance. When faced with a clear violation, advise the person that you aware of the law and that you plan to report the violation to PROFECO.
If you have an issue with a financial institution in Mexico this is whom you contact.
The app has a drop down menu with common violations, a GPS button to give your exact location, and allows you to upload pictures. If you are reporting that the prices are not exhibited, it is a good idea to include a photograph of that.
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