The regulation issued jointly by Consumer Protection Agency (PROFECO) and the Federal Institute of Telecommunications (IFT), sets the minimum rights that must be included at the Consumer Rights Letter. This letter must be permanently disclosed at every supplier's website including every point of sale. Default on the regulation may be sanctioned with a fine from $617.41 up to $2’414,759.14. MXN., and in severe cases, total or partial closure of points of sale, in addition to a fine that may arise to the amount of $3’457,496.04 MXN. Such regulation is in full force and effect as from July 7th, 2015.
The letter referred above, is mentioned in the second paragraph of Article 191 of the Federal Telecommunications and Broadcasting Law.
Relevantly, the list of Minimum Consumer Rights includes the following:
- Freedom of contract, based on clear and fair conditions;
- Access to the information contained in existing plans;
- Payment and contract information;
- Non discrimination in contracting terms, as well as on client care services;
- Personal data protection rights;
- Free balance consultation;
- Right to service complaint.
It is in light of the above that we suggest the following two-step plan:
- Confirm that internal company policies provide and guarantee the rights included in the new regulation.
- Prepare a corresponding letter to be discloses at websites, points of sale and client care service provision.