Mexico Copolco English

8/11/2019 Mexico Copolco English

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September 8, 2014.


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BACKGROUND

The Constitution of the United Mexican States in Article 28, states the

following;

The law will protect consumers and will lead their organization to takebetter care of their interests.

In 1976, the Federal Consumer Protection Law (LFPC) is enacted

After the enactment of the Law, the Federal Attorney Office of ConsumerProtection, is created.


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In order to protect consumer rights PROFECOcurrently has a total of 38 state offices and 13

sub-State Officesnation wide;

BACKGROUND

Federal Consumer Protection Law through Article 24, empowersPROFECO in seeking fairness and legal certainty between suppliers andconsumers;

PROFECO currentlyhas a total of 3,250public employees in

all over the country;


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FEDERAL GOVERMENT CONSUMER POLICY

ENRIQUEPEANIETOPRESIDENTOFTHEUNITEDMEXICANSTATES

NATIONALDEVELOPMENT PLAN

(PND) 2013-2018Estrategy 4.7.5.

Protect the ConsumerRights, improve market

information and ensurethe realization of the legal

and secure trade.


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LIC. ILDEFONSOGUAJARDOVILLARREALSECRETARIODEECONOMA

INNOVATIVE DEVELOPMENT PROGRAM(PRODEINN) 2013-2018

Objetive 4,Strategy 4.5,

Action line 4.5.1.Modernize the Consumer Care

Systems and Enforcement the

Law with respect to the

Consumer Rights

SECTOR PROGRAM

ECONOMY SECRETARY CONSUMER POLICY


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CONSUMERS

FEDERAL ATTORNEY

Federal Consumer Protection Law

inArt. 28 states:

LORENAMARTNEZRODRGUEZCONSUMERS FEDERALATTORNEY

The Consumers Federal Attorneyshall be appointed by the President

of the United Mexican States, andmust be a Mexican citizen and havea bachelor's degree in law and have

performed outstandingly in

professional matters, public service,

academic or substantially related to

the purpose of this law


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LEGAL AND NORMATIVE BASIS

Transverse Institutional Programs

NationalDevelopment Plan(PND) 2013-2018

Strategy 4.7.5. Protect theConsumer rights, improvemarket information andensure the realization of

the legal and securetrade.

InnovativeDevelopment Program(PRODEINN) 2013-2018

Objetive 4, Strategy 4.5,action line 4.5.1.

Modernize the care

systems and the law

enforcement, with

respect to the consumer

rights

attention toconsumer

complaints

Promote aculture of

responsibleconsumer

LegalRepresentation ofconsumers in thedefense of their

rights

National Programme for equal opportunities and

non-discrimination of women 2013-2018

Program of the Near and Modern Government2013-2018

PROFECO

Regulations tosuppliers

Custormer Rights

Custormer Educationand Divulgation

Programs

Responsible SupplierProgram

investigation of thePrices to consumerin the local market

Quality studies onproducts and services

Verification andSurveillance activities

Consumer defense andcollective actions

Consumers Magazineand Quality Studies

Services andCounseling to

Consumers


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MISSION

Protect and promote the rights ofconsumers, ensuring fair trade

relationships that strengthen a cultureof responsible consumption and

access to better market conditions for

products and services, ensuringcompleteness, legality and legalcertainty within the regulatory

framework of Human Rightsrecognized for consumers.

VISION

To Be an institution closer to the people, effective in protecting consumersrights, recognized by its strict adherence to the law, able to promote the

citizen participation and education for responsible consumption.


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SUPPORT PROCESSES

KEY PROCESSES

GENERAL STRUCTURE

Consumers Federal

Attorney

General DirectionSocial

Communication

General DirectionStrategic Planning

and Evaluation

General DirectionState Offices

Internal AffairsOffice

GeneralCoordination

Administration

Assistant AttorneyLegal Affairs

GeneralCoordination

Education andDivulgation

Assistant AttorneyVerifcation and

Surveillance

Assistant AttorneyConsumer Servicies


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SCOPE OF COMPETENCE

CONSUMERS FEDERAL ATTORNEY

Attention to ComplaintsDemands and Reports

Conciliation, LegalRepresentation and

Advocacy

Application forRegister of Adhesion

Contracts

Legal procedures forViolations to the Law

Dictum and Fines

Authorization of

Adhesion Contracts

Responsible Consumer

Education Programs

Responsible VendorProgram

Education Programs tocomply with the Law and

Regulations

Divulgation of ConsumersInterest Information

Promote Consumersassociations


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KEY ACTIVITIES

Consumers Federal AttorneyOffice

I.- Propose to the Federal Government, draft laws, regulations, decrees andother legal ordinances necessary for compliance with the Law and otherconsumer relations concerning to legal provisions;

II.- Issue of organization manuals, procedures and services to the public, as well

as agreements and other guidelines and criteria necessary for the operationof the Federal Attorney office;

III.- Organically assign administrative units to meet the Regulations;

IV.- Establish criteria for the imposition of fines and other penalties provided bylaw, and to erase it, reduce, modify or switch them in order to preserveequity in terms of the provisions of the Law itself

V.- Decide appeals regarding actions and final decisions issued by thesubordinate public employees;

VI.- Amend or repeal those administrative decisions officially single characternot in favor of a particular, issued by Assistant Attorneys, when conclusivedemonstration that they possibly issued in contravention of the provisions.


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KEY ACTIVITIES

Assitant Attorney

Consumer Servicies

I.- Monitor, coordinate, control, substantiate and resolve conciliation,arbitration and the violations of the Law, within the competence of itsadministrative units;

II.- Coordinate, implement, monitor and control procedures related to the

review, modification, registration, cancellation and suspension of the use ofmodel contracts of adhesion, as well as suspension of other activities underthe Law and other applicable legal provisions;

III.- Monitor and evaluate advertising of goods, products and services thatbroadcast in any kind of media and determine, where appropriate, thesuspension or correction of that which violates the provisions of the law and

other regulations which confer jurisdiction on the Consumers FederalAttorney and apply appropriate sanctions;


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KEY ACTIVITIES

I.- Monitor, coordinate and controlling verification and surveillanceprocedures as well as violations to the Law, within the competence of itsadministrative units;

II.- Demand the verification and monitoring of its own motion or on

application, on the terms provided in the Law and in the scope of itscompetence, of the Federal Law on Metrology and Standardization, thestandards to which it relates and the other provisions laws, regulations andapplicable regulations;

Assitant Attorney

Verifcation and Surveillance


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KEY ACTIVITIES

I.- Represent the Consumers Federal Attorney in all kinds of administrative,judicial, and labor procedures and disputes arising from the exercise of itspowers;

II.- Implement and provide reports on defense and to coordinate and monitor theinterest and protect the legal acts of authority of the Consumers Federal

Attorney;

III.- Review and determine the legal and regulatory drafts proposed by theadministrative units under the ConsumersFederal Attorney;

IV.- Submit for the consideration of the Consumers Federal Attorney, the draftLaw initiatives as well as the proposed regulations, Organic Statute and other

legal provisions and regulations necessary for the implementation of the Lawand to better fulfill the powers and duties of the ConsumersFederal Attorney;

Assitant Attorney

Legal Affairs


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KEY ACTIVITIES

I.- Plan and establish programs of consumer education and outreach throughpublications, radio and television and consumer organizations in order toinform consumers about their rights, quality and better conditions ofpurchase for goods and services, as well as to guide the industry and

commerce to the needs and problems of consumers;

II.- Establishes mechanisms for coordination and cooperation with thecompetent authorities and groups and radio and television companies ofnational and regional scope, to provide educational and informationalprograms on consumer relations;

III.- Suggest to the Consumers Federal Attorney perform specific educationcampaigns, outreach and guidance through radio, television andpublications, as well as specific studies to understand and respond to theneeds of guidance and education of the consumer population.

General Coordination

Education and Divulgation


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CONSUMER SERVICES

RECEPTION OF COMPLAINTS AND DEMANDS,

IMMEDIATE CONCILIATION,

ORIENTATION ON PRICES, LEGAL COUNSELING,

PUBLIC REGISTER TO AVOID RECEIVING ADVERTISING,

DISCLOSURE OF CONSUMERS INTEREST INFORMATION,

COMMERCIAL BEHAVIOR

CONSUMERS TELEPHONE

MOBILE APPSONLINE SERVICES


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CONSUMER SERVICES

ONE TO ONE

CONCILIATION

PROCESSING OF

COMPLAINTS

BY WRITTEN

DICTUM

AND FINES

VERIFICATION OF

MISSLEADING

ADVERTISING

LEGAL PROCEDURES

FOR VIOLATIONS TO

THE LAW

CONSUMERS' LEGAL

REPRESENTATIONCONSUMERS'

COLLECTIVE ACTIONS

VERIFICATION

OF PRICES

VERIFICATION OF

LOW RANGE SCALES

VERIFICATION OF

LARGE RANGE SCALES

VERIFICATION OF LP

GAS PORTABLE TANKS

VERIFICATION OF

GAS DISPENSING

MACHINES

WARNING TO

CUSTOMERS ON

PURCHASING GOODS

IMMOBILIZATION OF

GOODS, PRODUCTS,

SERVICES, OR

DISPENSING

MACHINES

SUSPENSION OF

ACTIVITIES DUE

TO VIOLATIONS

TO THE LAW

MOBILE OFFICES TO

ATTEND CONSUMERS

IN REMOTE PLACES

LEGAL

ASSITANCE ON

VACATIONAL

PLACES

LEGAL

ASSITANCE ON

AIRPORTS AND

BUS STATIONS


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Consumers

Magazine

ConsumersCompass

Rsponsible

Consumers

Education

Promotingto build

Consumers

AssociationsConsumer

Advisory

Council

Who is Who

in Prices

polls and

surveys

Biological

ConsumersNational Laboratory

Metrology Electrical TextileChemical

Take Care

with Products

or Vendors

Notice on Legal

Procedures

Against Vendors

Collective Actions

on Strategic Sectors

CONSUMER SERVICES


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PROFECO IN FIGURES

Complaints processed from january to june 2014 = 63,863

83%

17%

RESOLVED BY CONCILIATION

RESOLVED BY TRIAL

28,439,219.59 USDRecovered amount on behalf of consumers via conciliation and legal procedures,

No.

Sector

Complaints janjun 2014

%

1 TELECOMMUNICATIONS 15,832 24.8%2

POWER UTILITIES 10,993 17.2%3

TURISM 3,871 6.1%4 DEPARTMENT STORES 2,634 4.1%

5

REAL STATE

2,375

3.7%

81%of the claim by consumers

TOP FIVE SECTORS WITH MOST COMPLAINTS


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PROFECO IN FIGURES

No.

Sector

Complaints janjun 2014

%

1

COMISION FEDERAL DEELECTRICIDAD

10,993 17.2%

2 NEXTEL 3,511 5.5%3

IUSACEL 2,519 3.9%4

TELCEL 2,205 3.5%5 TELMEX 1,370 2.1%

TOP FIVE VENDORS WITH MOST COMPLAINTS

Finesfor violations to the Law and misleading advertising = 3,114

Phone calls received from Consumers = 220,071

Advice to Consumers by phone = 31,608

Advice to passengers in transit at airports or bus stations = 10,262

Appointments for consumers to be attended at the PROFECO Offices = 22,323

Visits from consumers to the PROFECO web site = 149,971

Visits from consumers to the PROFECO web site = 149,971

Public Register to avoid Receiving Advertising = 271,547

Data from 30/jun/14


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PROFECO IN FIGURES

Public Register of Adhesion Contracts = 3,034

Verification of Gasoline Dispensing Machines = 15,889

Verification of LP Gas Distribution Plants = 535

Immobilization of mid range scales at LP Gas Distribution Plants = 22,323

Immobilization of Gasoline Dispensing Machines =2,814

Data from 30/jun/14

Verification of vehicles used to transport portable LP gas tanks = 337

Immobilization of vehicles used to transport portable LP gas tanks = 32

Verification by sampling of portable LP Gas tanks = 1,283

Immobilization of portable LP gas tanks = 3,067

Fines about violations to the Law in regards to fuels = 7,006,159.09 USD


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