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Mexico: Bill of Law prohibiting suppliers of goods, products or services from charging additional fees for using debit or credit cards

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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.

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Author

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 is a partner of the Intellectual Property Practice Group at Baker McKenzie Guadalajara. He has extensive experience in data privacy, information and cybersecurity security matters; in regulatory issues related to information technologies and consumer protection; in intellectual and industrial property, especially focused on digital environments, including the use and licensing of trademarks, patents and copyrights. Daniel is a Certified Information Privacy Administrator (CIPM) by the International Association of Privacy Professionals. Before joining the Firm, he was a founding partner of a local firm in Guadalajara. During the last five years, Daniel has taught the intellectual property class at the Tecnológico de Monterrey, one of the most prestigious universities in Mexico.

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