Walmart, one of the largest retail chains in Mexico, owner of Sam’s Club and Bodega Aurrera, faces a significant fine imposed by the Supreme Court of Justice of the Nation (SCJN). The Court ratified a sanction of 200 thousand pesos due to abusive commercial practices, specifically the reviewing purchase receipts for customers before leaving their establishments.
The controversy began in 2023 when a Sam’s Club customer in Nezahualcóyotl, State of Mexico, reported that the branch he went to reviewed purchase receipts and He compared the merchandise with the ticket, which is prohibited by the Federal Consumer Protection Law (LFPC).
That is why, in response to the complaint, the Federal Consumer Prosecutor’s Office (Profeco) closed the store and applied a financial penalty of 200 thousand pesos, since it should be noted that Profeco is the entity in charge of protecting the rights of consumers in Mexico. . Its function is to ensure that suppliers of goods and services comply with the regulations that ensure fair and safe business practices for consumers.
In this case, Profeco determined that the practice of reviewing purchase receipts violated article 10 of the LFPC, which prohibits actions that threaten the freedom, safety or personal integrity of consumers.
Given the sanction, Walmart de México, owner of Sam’s Club, filed an injunction arguing the unconstitutionality of article 10 of the LFPC and justifying the review of tickets for security reasons. However, The First Collegiate Circuit Court denied the request for protection, which led Walmart to file an appeal for review before the SCJN.
On Wednesday, June 5, 2024, the Second Chamber of the SCJN, in a project presented by Minister Lenia Batres Guadarrama, analyzed the case and confirmed the lower court’s ruling. The Court determined that ticket review is an abusive practice that violates consumer rights as established in the LFPC, and therefore, the fine of 200 thousand pesos is valid and must be paid by Walmart de México.
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