What Every Tourist or Expat Should Know About Consumer Laws in Mexico QRoo Paul - Two Expats Living in Mexico
go to original June 26, 2016

You may have seen Profeco suspension stickers on businesses. If not, this is what they look like. (QRoo Paul)

Whether you are a tourist or a full time expat, it is easy to fall prey to an unscrupulous vendor or service provider in Mexico. Many times the person is not even aware that he or she has been defrauded. These frauds range from being shortchanged at a gas station to paying three times more for a product at a store. The key to not becoming a victim is to be familiar with the applicable laws and to know what to do when you encounter a violation.

The Law 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.

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 (this includes a “service fee”)

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 night clubs. 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 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 what's on the price tag or advertisement.

More on this from Profeco: Comunicado 150

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. The picture of the PROFECO suspension sticker above is from the Los Cerritos Beach Club & Surf located in Baja California. They had all prices listed exclusively in American dollars.

Reporting a Violation

Profeco provides various methods to report a consumer violation:

1) Website: Profeco.gob.mx

2) Phone: 5-568-8722 and 01-800-468-8722

3) Email: denunicasprofeco@profeco.gob.mx

4) Mobile Application: PROFECO en 30 available at online stores Google Play and Apple iTunes

Read the rest at Two Expats Living in Mexico

We invite you to add your charity or supporting organizations' news stories and coming events to PVAngels so we can share them with the world. Do it now!