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Class action law in Mexico City refers to legal proceedings where a group of people, represented collectively, bring a lawsuit to court due to the common interests they share in a particular matter, typically against a corporation or organization. This system was introduced in Mexico in 2011 and it mainly covers cases related to consumer protection, competition, public utilities, and environmental issues. This law aims to protect the vulnerable, guard public rights, and promote corporate responsibility.
You may need a lawyer if you are a member of a group that has been affected by a common violation or problem. Common instances include fraud, breach of contract, or any other collective damages caused by a company's actions. Lawyers specializing in class action law can guide you through the complex process and represent your interests in court. Similarly, if you are an organization targeted by a class-action suit, you will need legal representation to defend your interests.
The class action lawsuit in Mexico City is governed by Mexico's Federal Code of Civil Procedures. The law has several distinguishing features compared to similar laws in other countries. Only certain specialized organizations, including associations, private civil associations, representative bodies, and public organizations, can bring the class action. The law also contains unique opt-in/opt-out systems, where certain members of the group may choose to participate or exclude themselves from the action, depending on the type of lawsuit.
In Mexico City, only certain authorized bodies such as recognized consumer associations, the Attorney General's Office, government agencies, and other public entities that represent similar interests may initiate class action proceedings.
The statute of limitations varies depending on the case but is typically between one and five years from the time the violation or harm has taken place.
The claim can involve compensation for physical or material damage, as well as moral damage related to psychological or emotional harm caused by the dispute.
The opt-in/opt-out system allows potential claimants to choose whether they want to be involved in the lawsuit, with different rules depending on the type of dispute.
Yes, both the preliminary and final decisions can be appealed to the Collegiate Circuit Courts for review.
Additional resources include the Mexico City Legal Code, the Federal Consumer Protection Law and the Federal Economic Competition Law. You can also consult the Procuraduría Federal del Consumidor (PROFECO) or the Federal Economic Competition Commission (COFECE) for more guidance.
If you suspect you may need to initiate or be involved in a class action lawsuit, start by consulting with a lawyer experienced in class action law in Mexico City. They can provide you with an understanding of the process, your rights, and the best actions to take in line with your specific situation.
