Mexico's Senate Approves Amendment Curbing Unwanted Telemarketing Calls, Fines Up to 2.3 Million Pesos

Mexico's Senate has approved a significant amendment to the Federal Consumer Protection Law. The core aim of this reform is to bring companies that repeatedly make commercial telemarketing calls without authorization under a financial penalty regime. The Senate's decision is being viewed as a meaningful advance in Latin America's consumer-protection framework, because unwanted phone calls have long been a major source of daily irritation and a violation of personal privacy. Mexico's Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) is the country's primary legal basis for safeguarding consumer rights. Amendments have been introduced to articles 18 Bis and 127 of this law. Under the revised provisions, if a company carries out repeated commercial or telemarketing calls without the consumer's clear consent, a financial penalty may be imposed. The fine range has been set from a minimum of 56,570 pesos to a maximum of 2,345,728.71 pesos. This sum is substantial in Mexican currency and could create significant financial pressure for small and medium-sized firms. Article 18 Bis essentially governs commercial communication conducted without the consumer's consent. Article 127, meanwhile, sets out the structure of fines and sanctions applicable when that rule is breached. Together, the two amended articles make the law enforceable in practice rather than merely on paper. Consumer-protection experts argue that the clear language of these articles will make it easier to pursue cases against companies. PAN senator Mayuli Latifa Martínez Simón was directly involved with this amendment proposal. The initiative was introduced on October 21, 2026, and received approval in the Senate. Senator Martínez Simón's argument was that protecting consumers' personal data and time is a duty of the state, and that there is no substitute for strict fines in fulfilling that duty. In her view, arbitrary telemarketing activity is not merely annoying; it is a major risk of misuse of consumers' personal data. One of the most important aspects of the reform is closing the escape route for liability. Many companies try to avoid responsibility by outsourcing telemarketing work to external call centers. The new provision makes clear that liability for the calls rests with the original company, whether it makes the calls itself or through a third party. Experts consider this clause the most effective addition, because it closes the outsourcing loophole. From the consumer's perspective, this amendment may resolve a long-standing grievance. Unwanted telemarketing calls are a common problem in Mexico and around the world. At any hour of the day, even at night, consumers receive unnecessary sales calls. In many cases the same company calls repeatedly, disrupting the consumer's work and creating mental fatigue. The new law directly targets this repetitive behavior. The amendment bill will now go to the Chamber of Deputies. In Mexico's legislative process, a bill must be approved by both chambers to take effect. Once approved by the lower chamber and finalized as an amendment, it will become an enforceable consumer law. From that moment, companies will have to comply with the new penalty provisions. For businesses, this change brings major challenges. Telemarketing is a large industry in Mexico, tied to the employment of many people and to companies' sales growth. To comply with the new rules, firms will need to build systems for obtaining customer consent, retaining call records, and internal oversight. For smaller companies this process may be costly, but given the risk of large fines, it will become mandatory. International comparison shows that the European Union's General Data Protection Regulation and the United States' telemarketing regulation also contain strict provisions against unwanted calls. The distinctive feature of Mexico's amendment, however, is its clear penalty range and its specific clause closing outsourcing liability. Consumer-protection researchers note that not only imposing fines but also the enforcement agency's capacity is equally important. Enforcement itself poses no small challenge. Whether a fine can be imposed depends on the consumer's complaint, the evidence, and the regulator's investigation. Many consumers are reluctant to complain because of the complex process. So however strict the law, its effectiveness will remain limited without consumer awareness and a simple complaint mechanism. This will be the biggest test for the regulator in the future. The advice for consumers is to record any repeated commercial calls from unknown numbers and to file a complaint with the relevant regulator. Preserving evidence makes the penalty process easier. The advice for companies is to confirm consent before calling and to act quickly on requests to withdraw consent. Overall, this amendment has opened a new chapter in Mexico's consumer-protection framework. The question now is how quickly the lower chamber will approve the bill and how soon implementation will begin after approval. If enforcement works, Mexican consumers will find relief from the long-standing nuisance of unwanted phone calls, and companies will have to learn that contacting a customer without consent means breaking the law.