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NOM Publication

On March 8, 2019, the Federal Official Gazette published the Official Mexican Standard “NOM-184-SCFI-2018 Regulatory elements and specific obligations that must be observed by suppliers for the marketing and/or provision of telecommunications services when using a public telecommunications network” (the “NOM 184“), which replaces and cancels the one published on August 24, 2012 (the “old NOM“).

NOM 184 establishes the normative elements, as well as the specific obligations that telecommunication service suppliers (the “Suppliers“) must comply within the commercialization and/or provision of telecommunication services with consumers, as well as the minimum requirements with which adherence contracts must comply. The purpose of the foregoing is to grant better protection to telecommunications consumers and to provide them with sufficient information and mechanisms for their defense in the event that the Suppliers do not provide the services on the agreed or agreed terms.

Among the main differences that stand out in the NOM 184 and in the old NOM, is the addition of complementary obligations for Suppliers, relating to the commercial information that they must provide to consumers through physical, electronic or digital means, which must be in Spanish language 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 additional to the one they have already contracted, and if electronic devices are provided or marketed, they must offer a guarantee on them, which may not be less than 90 calendar days.

With respect to adherence contracts, these must be written in Spanish language; 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 to the fact 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 adherence 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 corporations that market, provide and/or provide telecommunications services and/or devices to consumers in the country. Therefore, this mandatory technical regulation must be complied with and respected by the Suppliers. Finally, NOM 184 will enter into force on May 6th.

Source: Federal Official Gazette

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