Decree Establishing Operational Regulations of the Public Registry of Consumers No-Call List

December 24, 2007
Decree Establishing Operational Regulations of the Public Registry of Consumers No-Call List

Regulations for the Operation of the Public Registry of Consumers (Reglas de Operación de Registro Publico de Consumidores or RPC) wererecently published in the Official Journal of the Federation, which was created by decree pursuant to amendments to the Federal ConsumerProtection Law (Ley Federal de Protección al Consumidor or LFPC). The RPC allows consumers to register their telephone number when they donot wish their contact information to be used by marketers or advertising agencies, or who do not wish to receive solicitations on their home,facsimile or mobile telephones from any company, with a sanction for any violator of up to one million pesos. The Regulations establish that aconsumer’s telephone number may be made registered with the Federal Consumer Protection Prosecutor (Procuraduría Federal del Consumidor orProfeco) or by registering on Profeco’s webpage, which registration will take effect 30 days after it is made and will last for three years.Consumers who wish to cancel their registration or grant their consent to be contacted by and receive solicitations or marketing from any companymay do so through written consent granted to any such company. On their part, businesses may consult the RPC in order to review and analyzewhich consumers and telephone numbers have been registered with the RPC in order to avoid sanctions. The purpose of the RPC, in principle, issolely to protect the privacy and telephone numbers of consumers and, in the future, the privacy of consumers’ workplace, home address orelectronic mail address. Some aspects to be determined by Profeco include criteria for applying the provisions of the RPC and possible sanctions inrelation to the LFPC, for purposes of protecting the rights of registered consumers; the criteria for making complaints by consumers; and the criteriafor approving an alleged violation by marketing companies, as well as the best type of proof to show such violations have occurred.

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