Impact note

Subscriptions and recurring charges: what the December 2025 amendment requires

Since December 13, 2025, platforms must obtain express consent, give notice five days before renewal, and allow immediate cancellation.

LEXURE Commercial Contracts Practice Team 5 min read Regulatory status verified in 2026

For years, sign­ing up for a dig­i­tal sub­scrip­tion took one click, and can­cel­ing it took a phone call. The amend­ment to the Fed­eral Con­sumer Pro­tec­tion Law (Ley Fed­eral de Pro­tec­ción al Con­sum­i­dor) pub­lished on Decem­ber 12, 2025, cor­rected that asym­me­try, and any plat­form that charges con­sumers on a recur­ring basis must adjust both its prod­uct and its legal terms.

What changes for your company

The amend­ment added two sec­tions to Arti­cle 76 Bis of the law, which gov­erns trans­ac­tions with con­sumers through elec­tronic means:

  1. Infor­ma­tion and con­sent (sec­tion VIII): the provider must dis­close clearly, promi­nently, and acces­si­bly whether the ser­vice involves auto­matic recur­ring charges, along with their fre­quency, amount, and billing date. Those charges require the con­sumer’s express and informed con­sent.
  2. Renewal notice (sec­tion VIII): when the con­tract pro­vides for auto­matic renewal, the provider must give notice of it at least five cal­en­dar days in advance and allow can­cel­la­tion with­out penalty.
  3. Imme­di­ate can­cel­la­tion (sec­tion IX): the provider must imple­ment mech­a­nisms that allow the ser­vice, sub­scrip­tion, or mem­ber­ship to be can­celed imme­di­ately, with­out con­tra­ven­ing the con­trac­tual pro­vi­sions.

These obli­ga­tions are in addi­tion to those that already applied to e-com­merce with con­sumers: dis­clos­ing the terms, con­di­tions, costs, addi­tional charges, and pay­ment meth­ods before the trans­ac­tion, and respect­ing the con­sumer’s deci­sion not to receive com­mer­cial notices (sec­tions V and VI of the same arti­cle).

The law pro­tects the con­sumer, mean­ing the indi­vid­ual or legal entity that acquires the ser­vice as its end user (Arti­cle 2, sec­tion I). If your plat­form sells to com­pa­nies that inte­grate the ser­vice into their own oper­a­tions, the com­mer­cial con­tracts regime gen­er­ally applies, sub­ject to the lim­ited excep­tions set out in that same arti­cle. If it sells to people who use the ser­vice as end users, the amend­ment applies in full.

In addi­tion, your terms and con­di­tions are an adhe­sion con­tract. They must be in Span­ish, in char­ac­ters leg­i­ble to the naked eye (Arti­cle 85), and clauses that allow the provider to amend the con­tract uni­lat­er­ally, release itself from civil lia­bil­ity, or submit the con­sumer to for­eign courts are deemed not writ­ten (Arti­cle 90). Those clauses are common in terms trans­lated from for­eign tem­plates.

What to do and by when

The amend­ment has been in force since the day after its pub­li­ca­tion, so if your plat­form has not yet been adjusted, it is already in breach.

  1. Review the sign-up flow so that the recur­ring charge, its fre­quency, amount, and date appear promi­nently before con­fir­ma­tion, and not only within the terms.
  2. Obtain express and sep­a­rate con­sent for the recur­ring charge, and keep evi­dence of each accep­tance.
  3. Sched­ule an auto­matic renewal notice at least five cal­en­dar days in advance, with the option to cancel with­out penalty.
  4. Enable an imme­di­ate can­cel­la­tion mech­a­nism in the same chan­nel used to sign up, with­out requir­ing calls or addi­tional steps as a con­di­tion.
  5. Remove from the terms any clauses on uni­lat­eral amend­ment, exclu­sion of lia­bil­ity, and for­eign juris­dic­tion, and verify that the text is in Span­ish.
  6. For cus­tomers who signed up before the amend­ment, apply the advance notice and imme­di­ate can­cel­la­tion start­ing with the next renewal, and doc­u­ment express con­sent for the charges that con­tinue.
  7. Train your cus­tomer ser­vice team to process can­cel­la­tions received through other chan­nels imme­di­ately, and record the date and time of each one.

Recommendations to mitigate risk

Breach of Arti­cle 76 Bis is pun­ish­able by a fine of MXN 1,093.02 to MXN 4,274,960.73 under Arti­cle 128 of the law, with amounts updated by an admin­is­tra­tive order (acuerdo) pub­lished in the Offi­cial Gazette of the Fed­er­a­tion (DOF) on Decem­ber 23, 2025.

In par­tic­u­larly seri­ous cases, such as those in which con­tin­ued oper­a­tion could affect the rights of a group of con­sumers, the Fed­eral Con­sumer Pro­tec­tion Agency (PROFECO) may order a total or par­tial clo­sure for up to ninety days and impose a fine of MXN 228,266.96 to MXN 6,391,474.56, under Arti­cles 128 Bis and 128 Ter.

In addi­tion to the fine, there is the com­mer­cial effect: a recur­ring charge with­out demon­stra­ble con­sent is hard to defend in a bank dis­pute or a col­lec­tive com­plaint.

How we approach it at LEXURE

We review the entire user jour­ney, from the sign-up screen to can­cel­la­tion, together with the terms and the pri­vacy notice. We deliver the text adjust­ments and prod­uct spec­i­fi­ca­tions your team needs so that the plat­form com­plies and can prove it.

If your busi­ness model depends on sub­scrip­tions, sched­ule a diag­nos­tic meet­ing with us and let us review your flow before the author­ity does.

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Legal basis

  1. Federal Consumer Protection Law (Ley Federal de Protección al Consumidor), last amended DOF December 12, 2025, Articles 2, section I, 76 Bis, sections V, VI, VIII, and IX, 85, 90, 128, 128 Bis, and 128 Ter. Current text (opens in a new tab)

This note is for information only and describes the law in force on the verification date. It is not legal advice on a specific matter. It is a translation of the Spanish original: Mexican law is published in Spanish, and the official Spanish texts prevail.

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