The First Chamber of the Supreme Court of Justice of the Nation (the “Supreme Court”) has issued a landmark ruling in Direct Amparo 2558/2024, redefining the obligations of e-commerce companies in Mexico concerning the communication and acceptance of terms and conditions by consumers. This decision establishes that the mere publication of purchasing policies on a website does not suffice to demonstrate that consumers have read or accepted them.
Case Background
The case involved a consumer who purchased tickets for a music festival through an online platform, selecting the option to collect them at the venue (ticket office). However, the tickets were not tendered as the consumer failed to make an additional payment demanded by the company. The company argued that this condition was specified in its purchasing policies, which were published on its website. The consumer filed a lawsuit requesting the rescission of the adhesion contract, a refund of the payment and indemnity for moral and punitive damages.
After multiple judicial reviews, the case reached the Supreme Court, which deliberated on the validity of the published policies and the extent of their enforceability against the consumer.
Main Determinations by the Supreme Court
1.- Clarity and Accessibility. The Suprme Court held that purchasing policies must be clear and accessible to consumers at the time of the transaction. Merely publishing such policies on a section of the website does not fulfill this obligation, especially in the context of adhesion contracts, where consumers lacks bargaining power over the terms.
2.- Informed Consent. E-commerce companies must implement explicit mechanisms to ensure that consumers are aware of and accept the terms and conditions, such as checkboxes or clear notices prior to completing the purchase.
Legal Implications
The Supreme Court’s ruling sets a binding precedent that applies to all e-commerce platforms operating in Mexico. Key takeaways include:
- Reviewing Purchase Processes. Ensuring that terms and conditions are conspicuous and explicitly agreed to by consumers.
- Updating Adhesion Contracts. Revising contracts (including service terms and conditions) to ensure they are clear, fair and compliant with the provisions set forth in the Federal Consumer Protection Law, its regulations, and this precedent.
- Legal and Operational Training. Raise awareness among internal teams about the legal risks of failing to comply with these requirements.
- Mitigating Legal Risks. Anticipate potential disputes arising from deficient or ambiguous policies.
Conclusions
This precedent highlights the importance of ensuring transparency and fairness in digital transactions, promoting practices that strengthen consumer trust while aligning commercial transactions with the legal framework in force.
Recommendation: E-commerce companies should conduct a thorough legal audit of their processes and contracts to comply with this new judicial standard. For tailored guidance, contact our team of legal experts.
