August 21, 2020 / Banking and Finance
On August 11, the National Commission for the Protection and Defense of Users of Financial Services (hereinafter,“CONDUSEF”) published in the Official Gazette of the Federation the “AGREEMENT informing the public of the continuation of proceedings and procedures before CONDUSEF, as well as customer service for users who visit in person at customer service centers; and through which the suspension of deadlines and time limits in the indicated procedures due to the SARS-CoV-2 contingency is maintained” ( hereinafter, the“Agreement”).
The purpose of this Agreement is to align with the measures established by health authorities by implementing a new customer service protocol designed to reduce crowding at CONDUSEF offices when customers seek in-person assistance.
In order to comply with the Law on the Protection and Defense of Users of Financial Services, Article 1[1] At the same time, in response to the pandemic, CONDUSEF had to revamp its customer service procedures by implementing various technological tools that enabled it to carry out its duties remotely.
Based on the foregoing, the terms of the Agreement are briefly outlined below:
(i) The calculation of the statutory time limits and deadlines applicable to administrative acts and procedures will resume; such acts and procedures are carried out and processed by the various administrative units of CONDUSEF in accordance with their duties and in compliance with the relevant laws[2].
(ii) CONDUSEF encourages the use of remote communication channels for the processes and procedures listed below:
| Processes/procedures | Remote Media | ||
|
I |
Technical and Legal Support |
By phone
Chat |
55 53 400 999
|
| II | Complaint Submission
|
Online Complaint | https://phpapps.condusef.gob.mx/margo.0.1/index.php |
|
III
|
Claims Department |
Claim a Referral | Mexican Postal Service; or Courier Service to the Customer Service Unit nearest to the address of the financial service users. |
| Appointment scheduled in advance via the website or by phone |
https://phpapps.condusef.gob.mx/citasInternet/index.php 55 53 400 999 |
||
|
IV |
Conciliation Hearings |
By telephone, registration in the telephone conciliation system [3] (COT) |
https://webapps.condusef.gob.mx/conciliación/jsp/solicitudcot.jsp
|
| V | Request for a Ruling | Website | https://www.condusef.gob.mx/?p=contenido&idc_1341&idcat=1
|
|
VI |
Notice of Ruling |
By appointment only scheduled once the user receives the notice stating that the legal decision has been issued.
|
https://phpapps.condusef.gob.mx/citasInternet/index.php
|
| VII | Request for Eligibility for Free Legal Assistance
|
Website |
https://www.condusef.gob.mx/?p=contenido&idc=1331&idcat=1
|
| VIII | In-person assistance with matters related to free legal aid
|
By appointment only . |
|
|
IX |
Tracking queries related to free legal assistance services
|
Remotely via videoconference, by appointment. |
|
|
X |
Diligence and attendance in connection with pro bono legal services
|
In person, by appointment scheduled through the website. |
|
|
XI |
Submission of documentation regarding compliance with the obligations of financial institutions under the Registry of Financial Service Providers (SIPRES) and the Electronic Management System (SIGE) | Via electronic media and USB or CD drives. | |
In addition, when users of financial services and representatives of financial institutions need to visit CONDUSEF’s customer service units or offices in person, appointments must be scheduled in advance through the website https://www.condusef.gob.mx, in the section corresponding to the relevant process.
iii) In accordance with the administrative acts and procedures that must be carried out and explained before the various administrative units of CONDUSEF, as listed below, the days from August 3, 2020, to August 14, 2020, shall be deemed non-business days for all legal purposes; therefore, those days shall not be counted toward the relevant legal deadlines and time limits:
a) Supervision, inspection, and verification of financial institutions;
(b) Subpoena, application, and notice of penalties to financial institutions;
c) Submission of requests for waiver of fines; and
d) Review Resources.
Promotions submitted to CONDUSEF’s administrative units between August 3, 2020, and August 14, 2020, will take effect on the next business day.
iv) For the sole purpose of Customer Service, administrative actions and procedures initiated, explained, requiring processing, or currently being processed by the BA9 Customer Service Unit (based in Sonora)during the period from August 3, 2020, to August 14, 2020 , shall be deemed non-business days; therefore, for all legal purposes, those days shall not be counted toward the relevant legal deadlines and time limits. The procedures for electronic complaints and telephone appearances conducted via remote media will not apply to the foregoing.
v) Exclusively for the purposes of customer service, administrative acts and procedures initiated, explained, requiring processing, or currently being processed by the Customer Service Unit BB6 (based in Colima), the days from August 3, 2020, to August 14, 2020 , shall be deemed non-business days; therefore, for all legal purposes, those days shall not be counted toward the relevant legal deadlines and time periods. The procedures for electronic complaints and telephone appearances conducted via remote media will not apply to the foregoing.
(vi) Requests for access to information (regarding ARCO rights), as well as compliance with the requirements and resolutions issued by the National Institute for Transparency, Access to Information, and Protection of Personal Data (INAI), will be properly addressed, provided that the search, identification, centralization, management, and related actions—or any other process to obtain the requested information—do not pose a risk to the employees of the administrative units under its jurisdiction.[4]
(vii) Financial service users may track the processes and procedures carried out by CONDUSEF via the website: https://phpapps.condusef.gob.mx/condusefenlinea/TATJ_ext.php
viii) Starting August 17, 2020, the Electronic Notice System (SINE) will be available for financial institutions to submit promotions, documents, and reports, as well as to address any issues related to processes undertaken through CONDUSEF. Therefore, institutions must register in SINE through the website: https://www.condisef.gob.mx using the Institution Number with which they access the Registry of Financial Service Providers (SIPRES).
ix) Starting September 1, 2020, financial service users may register in the Single Registry for Procedures ( RUT) via the website: https://www.condusef.gob.mx, through which: (i) users may submit inquiries, suggestions, complaints, requests, or comply with requirements using digital or digitized documents; and (ii) CONDUSEF will notify users of any relevant administrative act or resolution via digital documents.
More information
Miguel Gallardo
Alejandra Lobato
[1] Article 1, “…the purpose of this Law is to protect and defend the rights and interests of users of financial services provided by duly authorized public, private, and social institutions, as well as to regulate the organization, procedures, and operations of the public entity responsible for such functions.”
[2] Law on the Protection and Defense of Users of Financial Services, Law on Credit Organizations and Auxiliary Activities, Credit Institutions Act, Law on Financial Services Transparency, Law Regulating Credit Information Corporations, and Federal Administrative Procedure Act.
[3] Pursuant to the Law on the Protection and Defense of Users of Financial Services.
[4] Pursuant to the provisions established by the Ministry of Health and taking into account the personnel returning to essential activities under the “Agreement establishing the applicable criteria for human resources management in branches and entities of the Federal Public Administration to mitigate the spread of COVID-19,” published by the Ministry of Public Administration in the Official Gazette on July 31, 2020.