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FEDERAL CONSUMER PROTECTION LAW - page 35 / 38

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ARTICLE 128.- Infringements to the provisions of Articles 7, 8, 10, 12, 44, 63, 63 BIS, 63 TER, 63 QUINTUS, 65, 65 BIS, 73, 73 BIS, 73 TER, 74, 76 BIS, 80, 86 BIS, 87, 87 TER, 92, 92 TER, 98 BIS and 121 shall be penalized with a fine from $479.17 to $1,874,091.79.

ARTICLE 128 BIS.- In cases of particular seriousness, the Agency may penalize with a closing down, in whole or in part, which may last up to ninety days, and additionally penalized with a fine from $95,834.24 to $2,683,358.70.

ARTICLE 128 TER.- Cases of particularly seriousness shall be:

I. Cases where the rights and interests of a group of consumers could be affected in case the supplier continues to operate.

II. When the infringement in question could endanger the life, health or safety of a group of consumers.

III. The infringements committed in relation to goods, products or services that, due to the season or special circumstances of the market, adversely affect the rights of a group of consumers.

IV. Conducts committed taking advantage of shortages, remoteness or difficulty to supply a good or to render a service;

V. Acts with respect to basic commodities of generalized consumption, such as foods, natural gas or liquefied petroleum gas, gasoline or other products subject to a maximum price or prices or fees established or registered by the Ministry or by any other competent authority, and

VI. Recidivism in the commission of infringements to the articles indicated in Article 128 of this Law.

ARTICLE 128 QUARTER.- A penalty to prohibit the marketing of goods or products shall be imposed when, once this marketing is suspended, it is established that its adjustment, reprocess, repair or substitution is not feasible, or either when its marketing cannot be made according to the provisions of this Law.

In the case of the provisions set forth in the preceding paragraph, the Agency may order the destruction of the relevant goods or products.

With respect to services, the prohibition to market them shall be admissible when, once it has been suspended it cannot be guaranteed that their rendering can be made according to the provisions of this Law.

ARTICLE 129.- In case of recidivism, a fine up to the double amount of the amounts indicated in Articles 126, 127, 128, 128 BIS can be applied, and even an administrative detention of up to thirty-six hours.

ARTICLE 129 BIS.- Due to inflation, the Agency shall adjust every year the amounts indicated in pesos in Articles 25, 99, 117, 126, 127, 128, 128 BIS and 133 of this Law. No later than December the 30th of each year, the Agency shall publish in the Official Gazette of the Federation the amounts adjusted that shall govern during the next calendar year.

For these purposes, the Agency shall base upon the variation observed in the value of the National Consumer Price Index published by the Central Bank of Mexico between the last adjustment of these amounts and the month of November of the year in question.

ARTICLE 130.- Recidivism is understood as one same infringer committing two or more infringements to the same legal provision during the course of one year, starting as of the day when the first infringement was committed.

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