Can private schools in Mexico charge tuition while closed due to COVID-19 shutdown

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Profeco will receive complaints of tuition fees being charged in closed schools during COVID-19 emergency

The Federal Consumer Prosecutor’s Office (Profeco) indicated that contractors of private educational services are not obliged to pay tuition if they are not receiving the service

The Federal Consumer Protection Agency (Profeco) indicated that contractors of private educational services are not obliged to pay tuition if they are not receiving the service.

The federal agency indicated that according to legal analysis, the provider may only demand payment when it has fulfilled the obligation to provide the services to which it promised.

He explained that it is applicable even when the impediment to comply with the provision of the service is for a cause of force majeure, that is, beyond the provider’s own will.


“The service provider may only demand payment when it has fulfilled the obligation to provide the services to which it promised and in the event that they have not been provided, the consumer will not have the obligation to make said payment,” he said.

He added that this analysis is based on various provisions of the Federal Law on Consumer Protection and the provisions of the “Agreement that establishes the minimum information bases for the commercialization of educational services provided by individuals”, published in the Official Gazette of the Federation on March 10, 1992, applicable to basic and upper secondary education.

The federal agency indicated that it will receive all complaints about fees for tuition and other educational services corresponding to the period in which those private schools and colleges that have been unable to resume their activities as a result of the emergency

The Federal Consumer Prosecutor instructed the staff of delegations and central offices of the institution to receive and attend to all the claims of consumers who have been affected by improper charges in private schools and colleges that have not provided services due to affectation. or valuation of its facilities.

The head of Profeco warned that the law will be applied in those cases where abuses against parents are detected and called on educational service providers to conduct themselves in accordance with legality and solidarity.

Schools and consumers must reconcile tuition payments in the event of a health emergency: Profeco

Federal Office of the Consumer (PROFECO)

UPDATE APRIL 2020

Schools and consumers must come to an agreement on payment

Schools that have implemented online classes to continue courses may expect a partial collection of tuition for March and April would have to be considered under special circumstances since the virtual class reduces expenses in electricity, water, and other services for schools.

The Federal Consumer Prosecutor, Ricardo Sheffield Padilla, pointed out that it is convenient, that schools and parents or students, can reconcile and agree on flexibility conditions to make payments, which can range from partial payments, months without interest, reduced fee or some other modality that is convenient to the parties.

The subject should be treated school by school, including attending to individual student situations. Schools have the virtual means to reconcile with consumers without having to physically teach at a location.

Profeco will be attentive to attend to complaints that may arise in the event of this eventuality and favors conciliation between the parties.

Source: milenio.com, www.gob.mx/profeco

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