Hogan Lovells Publications | 10 September 2019

Proposed changes to Mexico’s Consumer Protection Law

Below is a brief summary of two proposed changes to Mexico’s Consumer Protection Law.

Proposed new regulations under the Federal Consumer Protection Law

Proposed new regulations under the Federal Consumer Protection Law were published by Mexico’s National Commission of Regulatory Improvement (CONAMER) on July 16, 2019. These proposed new regulations are intended to replace the regulations currently in place.

The most relevant changes proposed under the draft bill are: (i) the creation of the Consumers’ Public Registry, which will allow consumers to opt out of receiving advertisement for products and/or services; (ii) creation of a Registry of Compensation Policies for Flight Delays attributable to air carriers and air transportation permit holders setting forth compensation and damages for passengers subject of flight delays; (iii) the ability of suppliers to use the results of investigations, surveys and monitoring by the Consumer Protection Agency to perform comparative advertising; and (iv)the ability of suppliers to carry out voluntary reviews (copy-advice) of products and/or services advertising before the Consumer Protection Agency (PROFECO).

These proposed new regulations are currently in public consultation, but we expect that they could be approved in the next several months.

Draft amendment to the Federal Consumer Protection Law

On August 14, 2019, the current governing political party (Movimiento Ciudadano) submitted a legislative initiative to amend the Federal Consumer Protection Law.

The proposed amendment is intended to expressly contemplate indemnification and compensation of passengers for flight delays or cancellations, and the sanctioning of airlines and air transport permit holders that do not indemnify and compensate passengers. This draft bill is being discussed at the Chamber of Deputies’ Treasury Commission. We will follow its process, as it may have an impact with air carriers operating in Mexico.

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