Your Rights under Mexican Consumer Protection Laws

The following paragraphs are translations from Mexico's Federal de Protección al Consumidor (Federal Consumer Protection Laws).  These articles are a direct translation without any added re-wording to avoid any personal biases from entering in.   Some of the wording may seem awkward which is a result of the direct translation, but you should be able to get the general ideas behind the laws.  

Article 1 states the basic principles behind Mexico's Consumer Protection laws and would be your basis for any claim that any waiver of your rights that you were talked into signing is illegal. 

Article 32 says that the seller must be truthful in his advertising and disclosures.  If you dispute a contract under this article you need to prove your position with so form of physical evidence.  It needs to be more than a "he say - she say" argument because the seller will deny that their salespeople said anything. 

Article 56 is you basic right to a 5 day cooling off period. 

Article 92 addresses to quality of the goods you are being sold and if the goods do not meet what is described in your contract that you have the right to a full refund if you desire.

at the bottom you will find section 5.5.14 of Mexico's new standard for Timeshare Practices.  This new standards reinforces your rights to cancel within 5 working days, the fact that all your money shall be refunded within 15 days, and that cancellation be email is acceptable.

ARTICLE 1 OF Ley Federal de Protección al Consumidor

The present law is of public order and social interest and observable in all the Republic.  Their dispositions cannot be waived and against their observance customs, uses, practices or stipulations in opposition will not be able to be alleged.  The object of this law is to promote and to protect the rights of the consumer and to try the fairness and legal security in the relations between suppliers and consumers.  They are basic principles in the consumption relations: 

I.              The protection of the life, health and security of the consumer against the risks caused by dangerous or injurious practices in the supplied product and considered services; 

II.           The education and spreading on the suitable consumption of products and services, that guarantee the freedom to choose and the fairness in selecting; 

III.         The suitable and clear information on different products and services, with correct specification of amount, characteristics, composition, quality and price, as well as on the represented risks; 

IV.        The effective prevention and repair of patrimonial and moral, individual or collective damages; 

V.           The access to the administrative agencies with views to the prevention of patrimonial and moral, individual or collective damages, guaranteeing the legal, administrative and technical protection to the consumers; 

VI.        The granting of facilities to the consumers for the defense of their rights;  and

ARTICLE 32 OF LEY Federal de Protección al Consumidor

The information or publicity relative to goods or services that spread by any means or forms, will have to be truthful, verifiable and clear of texts, dialogues, sounds, images and other descriptions that induce or can induce error or confusion, by its inaccuracy. 

ARTICLE 56 OF LEY Federal de Protección al Consumidor

The contract will be perfected within five working days from the delivery of, or the company/signature of the contract, which ever occurs the latest.  During this period, the consumer will have the right to revoke his consent without any responsibility.  The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability.  The revocation according to this Article, will terminate the contract.  In this case, the costs of shipping and insurance will be the responsibility of the consumer.  If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase.

ARTICLE 92 OF LEY Federal de Protección al Consumidor

The consumers will have right to the replacement of the product, to the advantage, compensation or return of the paid amount, to their election, in the following cases: 

I.  When the net content of a product or the given amount is smaller than indicated in the package or the packing, considering the limits of tolerance allowed by the government; 

II  If the item does not correspond to the quality, it marks, or substantial specifications and other elements under which it has been offered;  and

III If or repaired it is not left in state adapted for his use or destiny, within the term of guarantee. 

In the cases of apparatuses, units and goods that by their characteristics require technical knowledge, one will require the opinion of experts or the verification from laboratories properly credited.

NOM-029-SCFI-2010

5.5.14  Membership contracts should incorporated a section for the termination or cancellation of the contract, a clause referring to:

a) The period within which the consumer can cancel the service timeshare without suffering prejudice in payments, the time limit can not be less than five working days from the next business day to the signing of contract.

b) The return of the total initial investment should be, at most, within fifteen working days from the date of cancellation of the contract.

c) The cancellation must be made in writing at the place where the operation has been completed or the address of the supplier or the supplier intermediary or representative of the company or email provider, supplier and intermediary point in the contract or by the means provided for in the Act.

[ Home ]

Copyright © 2008 MESCAM                                                                       
Last modified: 02/24/14