What You Should Know About Consumer Rights in Mexico
If you have ever been mistreated by a business or service provider in Mexico, you may feel you do not have any recourse or options to resolve the issue. It seems the employees do not have the authority or the enthusiasm to deal with your complaint. If you feel you have been taken advantage of and do not get any satisfaction from the manager, you can contact PROFECO.
PROFECO (Procuraduría Federal del Consumidor), is a government agency tasked with enforcing the law and investigating possible violations. They respond to complaints from residents and tourists, perform random inspections on Mexican businesses and have the authority to fine or close businesses who are in violation.
A Few Common Consumer Violations You May Encounter and Report to PROFECO
- One of Mexico’s most common allegations of fraud takes place in the gas station, shortchanging the customer, switching up the bills accusing the customer of shortchanging, not resetting the pump to zero, or credit card fraud, just to name a few.
- Vendors and restaurants must display the price of the item. Prices must not be quoted verbally.
- A restaurant or bar may not add a tip or service charge to the check or include it in the price.
- Restaurants and bars cannot force you to purchase beverages or food in order to get a table, nor can they enforce minimum consumption.
- Providers must honor promotions and posted prices; they may not change the price at the last minute.
- Service providers cannot discriminate based on nationality, gender, sexual preference, race, or disability.
- In Mexico the exhibited prices for goods and services must be the total price to be paid, the taxes, commission, interest or insurance must be included in the advertised price.
- Prices must be exhibited in pesos; additional currency types may be included, but if prices are listed exclusively in USD, this is a violation.
- Timeshare violations, Mexican law allows five business days to cancel a timeshare/vacation ownership contract after you have signed it. If you change your mind about the purchase within five business days notify the developer by email and certified mail, if your cancellation is not resolved you will need to file with PROFECO, for more information see related article https://mexlaw.ca/can-cancel-timeshare-contract-mexico/
The PROFECTO link includes 96 pages of consumer regulations, only available in Spanish.
Complaint form http://www.profeco.gob.mx/formas/f_esp_quejas.asp
In many situations, if you mention you plan on reporting the business to PROFECO you will obtain a resolution right then and there.
If you do not receive satisfaction through PROFECO, or you have encountered a significant case of fraud or mistreatment in Mexico, contact MEXLAW legal services for assistance.