Profeco has something to tell you about it

Tipping is part of many consumer experiences, especially when we talk about restaurants, bars or cafes. For some people it is a natural way to recognize good service; For others, an added expense that should be decided calmly when reviewing the account. The sensitive point appears when that decision stops being completely in the hands of the consumer and begins to be integrated into the payment process as if it were just another charge. In Mexico, that border between custom is once again at the center of the conversation.

The reminder. The practice has spread enough that Profeco has had to launch a specific reminder. The Federal Consumer Prosecutor’s Office indicated that no establishment that provides a service can require payment of tips or establish the amount that must be covered. The agency also urged consumers to report when this happens, because the tip cannot become a condition for receiving or closing a service. In other words: it can be proposed as a voluntary option, but not imposed or charged as if it were a mandatory part of the account.

What the law says. The basis of the reminder is in article 10 of the Federal Consumer Protection Law, which establishes that “Suppliers may not apply coercive and unfair commercial methods or practices, nor abusive or imposed clauses or conditions in the supply of products or services.” In practice, this means that tipping can exist as a voluntary gratification for direct attention, but not as a condition added to consumption.

The reminder is not just a warning: it can also translate into sanctions. The Official Gazette of the Federation, the official medium where rules and regulations of the federal Government are published, specifies the amounts in force for 2026. According to this update, the sanctions provided for by the Federal Consumer Protection Law can range in these ranges:

• Article 128 of the Federal Consumer Protection Law: from $1,053.01 to $4,118,491.38 pesos
• Article 128 BIS, which also contemplates the temporary closure of the business: from $219,912.08 to $6,157,537.94 pesos

The specific amount is not automatic: it depends on the severity of the violation, the recurrence and the damage caused to the consumer.

That legal distinction clashes with a scene that has become recognizable at checkout. According to The Truth Newsin bars, restaurants and cafes in Mexico, the collection of tips continues to generate disagreement, especially when the staff asks if they want to add it or when it is included directly in the bill. In some cases, this medium points out, it is proposed with a minimum percentage of 10%.

The American factor. There is context that helps understand why this conversation doesn’t happen in a vacuum. As reported by Bien Informed, between January and October 2025, Mexico received 38.4 million international tourists and 67.3% of them came from the United States, according to data from the Ministry of Tourism cited by that medium. It is relevant because we are talking about visitors who arrive from a country where, as we have told in Magnetthe tip has a much greater social and economic weight. It is not enough on its own to explain the practice, but it does allow us to understand why some businesses may see an incentive to push it.

The reference with the United States. We are faced with a fact that is not minor because there, tipping has been part of the daily operation of restaurants and services for decades, to the point of seeming almost inseparable from the experience. But that tradition is also being questioned from within. Even McDonald’s CEO Chris Kempczinski criticized the system for “shifting the responsibility for payment of labor to the client.”

What to do if they charge you. Profeco’s recommendation starts with something as basic as checking the account before paying. If the consumer detects an unrecognized charge, the agency advises notifying the establishment; and if the establishment requires the tip, then you can file a complaint or complaint through institutional channels. The channels are the Consumer Telephone, 55 5568 8722 and 800 468 8722, the email denunciasprofeco@profeco.gob.mx and the 38 Consumer Defense Offices.

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