On March 8, 2019, the Official Mexican Standard “NOM-184-SCFI-2018 Regulatory elements and specific obligations to be observed by providers for the commercialization and/or provision of telecommunications services when using a public telecommunications network” (the “NOM 184”) was published in the Official Gazette of the Federation, which replaces and cancels the one published on August 24, 2012 (the “old NOM”).
NOM 184 establishes the regulatory elements, as well as the specific obligations that telecommunications service providers (the “Providers”) must comply with in the marketing and/or provision of telecommunications services to consumers, as well as the minimum requirements that must be included in the adhesion contracts. The purpose of the foregoing is to provide greater protection to telecommunications consumers, and to provide them with sufficient information and mechanisms for their defense in the event that the Providers do not provide the services under the agreed or agreed terms.
Among the main differences that stand out in NOM 184 and the old NOM is the addition of complementary obligations for Suppliers, related to the commercial information they must provide to consumers through physical, electronic or digital media, which must be in Spanish and its characters must be legible to the naked eye. Likewise, based on NOM 184, Suppliers must refrain from making calls or sending text messages to consumers, promoting any type of telecommunications service in addition to the one they have already contracted, and in the event that electronic devices are provided or marketed, they must offer a warranty on them, which cannot be less than 90 calendar days.
Regarding adhesion contracts, they must be written in Spanish; their characters must be legible, in a minimum size of 9 points and Arial font, and be available through physical or electronic or digital means or any other new technology that allows it, without prejudice that they may be written in another language. In the latter case, the Spanish version shall prevail at all times and must not contain clauses that allow the Supplier to unilaterally modify the content of the adhesion contract or to evade its obligations. In the event of any change in the contractual conditions, the consumer must be notified by any means, including electronic means.
NOM 184, being an Official Mexican Standard, is of general observance and mandatory for all individuals or legal entities that commercialize, render and/or provide telecommunication services and/or devices to consumers in Mexico. Therefore, this mandatory technical regulation must be complied with and respected by Suppliers. Finally, NOM 184 will enter into force on May 6.
Source consulted: Diario Oficial de la Federación.
