Mexico City, January 22 2025
The First Chamber of the Supreme Court of Justice has issued a fundamental ruling that directly impacts companies conducting sales through standard-form contracts.
The Court, unanimously, interpreted consent as referred to in Article 1796 of the Federal Civil Code and Article 85 of the Federal Consumer Protection Law.
This decision sets new standards for how terms and conditions must be presented in transactions and standard-form contracts.
The ruling stems from Direct Amparo in Review 2558/2024, in which the Court determined that merely publishing terms and conditions in a section of the provider’s website is not enough to consider that the consumer knew and accepted them at the time of purchase. It is necessary to ensure that, when giving consent, the consumer had the opportunity to view these policies and, therefore, understand the content and scope of the obligations assumed.
This decision has significant implications for businesses, including the following:
- For digital platforms: The need to review/redesign purchase processes to ensure the visibility of terms and conditions and/or establish express acceptance mechanisms that comply with the newly established evidentiary standards.
- In the commercial sphere: The review and update of adhesion contracts used in all types of sales.
- In risk management: A potential increase in claims due to inadequately disclosed conditions.
- In technological development: The implementation of mechanisms to ensure the effective presentation of terms and conditions and their explicit acceptance.
- In consumer protection: Greater exposure to proceedings for improper business practices, among others.
In summary, failing to comply with these guidelines may have consequences for companies, including the nullity of important contractual clauses, an increase in consumer mediation or litigation proceedings, penalties from Federal Consumer Protection Agency, the inability to enforce certain contractual rights, and significant reputational damage.
At Basham, our team of attorneys specializing in consumer protection is prepared to provide comprehensive legal counsel to help your company adapt to this new judicial criterion. Our services include a thorough evaluation of your e-commerce platforms to identify areas of opportunity and risk, as well as the redesign of your online contracting processes to ensure compliance with the Supreme Court’s established standard.
We remain at your disposal for any inquiries regarding this matter.
Sincerely,
Juan José López de Silanes
lopez_de_silanes@basham.com.mx
Diana Rangel León
drangel@basham.com.mx
Daniela Pineda Robles
dpineda@basham.com.mx
Ana Ocampo Pérez
aocampo@basham.com.mx
Ricardo Antonio Tagle Pastén
rtagle@basham.com.mx
