In brief
On 20 April 2023, a bill of law was published, approval pending, to amend the Federal Consumer Protection Law to prohibit suppliers of goods, products or services from charging a commission or additional fee to consumers when they use a debit or credit card as a payment method instead of cash. The foregoing is motivated by the fact that this practice of some suppliers is detrimental to the consumers’ economy and discourages the use of debit or credit cards as a payment method. If such legislative proposal is approved, the violation of such prohibition will be sanctioned with a fine of MXN 311.73 to MXN 997,568.98 (around 17 to 55,500 USD).
If approved, the decree will enter into force on the day following its publication in the Official Gazette of the Federation.
In depth
If the legislative proposal is approved, suppliers of goods, products or services that accept debit or credit cards as a payment method must refrain from charging commissions, additional charges or equivalent to consumers.
Author
Carlos Davila-Peniche
Carlos is a partner in Baker McKenzie's North America Intellectual Property Practice Group. He provides strategic consulting on copyright, distinctive signs, domain names, trade secrets protection, unfair competition prevention, branding, advertising and protection in the digital environment, and privacy issues litigation. Carlos also implements and develops anti-piracy actions, handling undercover investigations and operations against intellectual property rights counterfeiting matters.
Author
Daniel Villanueva-Plasencia
Daniel Villanueva Plasencia is a partner in the Intellectual Property Practice Group at Baker McKenzie Guadalajara. With over 15 years of experience, he specializes in data privacy, information security, and cybersecurity matters. His expertise extends to regulatory issues related to information technologies and consumer protection, as well as intellectual and industrial property – with a particular focus on digital environments, including the use and licensing of trademarks, patents, and copyrights. Daniel holds the Certified Information Privacy Administrator (CIPM) recognition from the International Association of Privacy Professionals. In 2022, Daniel was honored with the Innovation and Best Practices in Data Protection award by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI). Additionally, Daniel, obtained a certification as an Artificial Intelligence Compliance Officer from NYCE. Prior to joining the Firm, Daniel was a founding partner at a local firm in Guadalajara, Jalisco. Over the last eight years, Daniel has also been an instructor for the intellectual property class at the Tecnológico de Monterrey, one of Mexico's most prestigious universities.
