Compliance with PROFECO: What Consumer Companies Need to Know.

Attention to this important Supreme Court criterion that affects all consumer companies. For your advisors, agencies, Compliance Officers, IT departments, etc.

Suggestions:

• Review your commercial activity and confirm if it requires mandatory registration of adhesion contracts with PROFECO.

  
  

• Review your terms and conditions and, with self-critical judgment, confirm that your clauses are equitable before a judge tells you otherwise.

  
  

• Review your website to ensure that your terms and conditions or adhesion contract are not hidden in your "legal" section and are genuinely available to the consumer before purchasing the product or service. Find the best technological solution to ensure this, which can range from filling checkboxes, mandatory reading of the T&Cs before the transaction, final questions, etc. There are many options, you just need to use your imagination.

  
  

• Remember that our highest courts have for several years been giving great importance to consumer issues under an asymmetric vision in favor of consumers, so it is vital that companies review their criteria and update them.

  
  

• Compliance Officers and heads of compliance areas or external legal advisors in Compliance matters, remember that international best practices require being attentive to relevant judicial resolutions to update your risk maps and, consequently, your Compliance programs, so this resolution would require a review and update.

  
  

• Consult with expert lawyers in consumer law if you have doubts, as fines in these cases in administrative proceedings are in the millions, and in judicial proceedings, punitive damage awards are similar, so be careful.