Proposed Amendment by Morena Targets Unwanted Recurring Charges on Digital Services
Ricardo Monreal, the Federal Deputy Coordinator of Morena, has announced a plan to present an initiative aimed at modifying Article 76 Bis of the Federal Consumer Protection Law. This measure seeks to address the persistent pattern of opacity and absence of effective mechanisms to suspend or cancel recurring charges in electronic commerce, ensuring consumers' energy and cellular services are protected.
The aim is to reduce the risk of unauthorized charges and strengthen transparency in the online market. The reform proposed by Monreal also aims to eliminate surprise charges and strengthen the principle of informed consent.
Monreal emphasized that the measure responds to the need to translate into specific norms the rights currently recognized by law in general terms, such as protection against abusive practices and access to sufficient information. He stated that the rights recognized by the law are insufficient if there are no clear rules that impose obligations on providers.
The initiative includes providing clear, prominent, and accessible information about automatic payments associated with services contracted. It seeks to ensure simple and immediate cancellation processes, detailing the frequency, amount, and exact date of the charges, as well as notifying consumers at least five days in advance of the renewal.
The proposal further includes the creation of an immediate cancellation mechanism for recurring services without obstacles, penalties, or additional requirements. If passed, this measure would allow Mexico to align with the best international practices and provide Profeco, the Mexican Federal Consumer Protection Agency, clear parameters to sanction abuses.
In 2024, electronic commerce in Mexico reached a value of over two trillion pesos, representing more than 6% of the Gross Domestic Product. During the same year, more than 67 million people made online purchases. Mexico placed among the top 15 markets with the most dynamic digital retail sales.
The Chamber of Deputies has commissioned Monreal to revise Article 76 Bis of the Federal Consumer Protection Law to protect consumers from unclear resubmission and termination procedures on electronic platforms. The initiative seeks to adapt legislation to the growth of digital commerce and guarantee consumer control over their subscriptions and automatic payments.
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