Mexico’s Senate unanimously approved a reform to the Federal Consumer Protection Law that sharply increases fines for companies that contact consumers for advertising purposes repeatedly and without their authorization. The reform is not limited to phone calls: it also covers other channels, including text messages. It is not law yet, but it makes clear where Mexico is heading and rewards companies that already work with consent. Here is what changes and how to prepare your SMS campaigns.
What the Senate approved
The bill, approved in early October 2026 with 96 votes in favor, amends articles 18 Bis and 127 of the Federal Consumer Protection Law. Its main points are:
- Providers that use consumer data for advertising may not contact consumers repeatedly and persistently through channels the consumer has not authorized.
- They must respect the refusal of people who do not want to receive advertising, including those listed in the corresponding registry.
- The company remains liable even when it hires third parties, such as agencies or contact centers, to run its campaigns.
- Fines for breaching article 18 Bis would range from 56,570 to 2,345,728 Mexican pesos.
Does the reform apply to SMS?
Yes. Although public debate has focused on telemarketing calls, the reform refers to the channels used to contact consumers for advertising, and press coverage of the bill explicitly mentions text messages, messaging apps and digital platforms. In other words, a promotional SMS campaign sent to people who did not authorize it, or who already asked to stop receiving messages, would fall within its scope.
Transactional messages, such as an OTP verification code, an order confirmation or an appointment reminder, are not advertising: they respond to an action the customer started. Even so, it is best not to mix them with promotions in the same message.
What companies that send SMS should do now
The reform is not in force yet, but the good practices it requires are already the industry norm and protect your sender reputation. We recommend:
- Record consent. Keep track of when, where and how each contact agreed to receive messages. We cover the requirements in SMS marketing regulations and consent in Mexico.
- Offer an easy opt-out. Include a clear way to stop receiving messages in every promotional SMS and apply it immediately with blacklists.
- Check Profeco’s Public Registry to Avoid Advertising (REPEP) before launching promotional campaigns.
- Watch frequency and timing. The same number should not receive promotions every day. You can schedule your campaigns by date and time to send them at reasonable hours.
- Oversee your providers. If an agency sends on your behalf, your brand is still responsible: ask for evidence of consent for the lists they use.
- Keep transactional and promotional traffic separate, with different senders, lists and reports.
What comes next
The bill now goes to the Chamber of Deputies, which can approve, amend or reject it. If approved as is, it will be sent to the Executive for publication in the Official Gazette (DOF) and would take effect the following day. Until then, the new fines cannot be applied. The initiative adds to the anti-spam rules the CRT is preparing, so sending without consent is set to become increasingly costly.
At Grupo Tecnophone we help you run your bulk SMS campaigns with blacklists, real-time reports and separation between transactional and promotional messages. Request a demo.
This article is for information only and is not legal advice.
Sources
- “Senado aprueba reforma para sancionar llamadas comerciales sin consentimiento: multas superarían 2.3 millones de pesos”, Infobae, October 7, 2026. View source
- “Senado aprueba multas de hasta 2.3 millones de pesos contra empresas por llamadas y mensajes comerciales no autorizados; la reforma pasa a Diputados”, El Imparcial, October 8, 2026. View source
- “México busca frenar las llamadas spam: El Senado aprueba multas de hasta 2.3 millones de pesos por acoso publicitario”, FayerWayer, October 10, 2026. View source
