New Jurisprudence in Mexico Shifts Burden of Proof to Banks in Disputes Over Unrecognized Charges

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MEXICO CITY — In a landmark decision issued on November 12, 2025, Mexico’s Supreme Court of Justice (SCJN) approved new jurisprudence that significantly strengthens consumer protections in financial disputes. The ruling mandates that in lawsuits over unrecognized charges on bank cards and accounts, financial institutions must now prove that the user authorized and executed each transaction.

This shift in legal responsibility marks a major departure from previous practices, where consumers often bore the burden of disproving their involvement in disputed charges. The SCJN emphasized that banks, as service providers with access to transactional data and security systems, are better positioned to demonstrate the legitimacy of financial operations.

The jurisprudence applies to cases involving credit cards, debit cards, and digital banking platforms. It requires banks to present concrete evidence—such as biometric authentication records, geolocation data, or transaction logs—that clearly link the user to the disputed activity. Failure to do so could result in the court ruling in favor of the consumer.

Legal experts hailed the decision as a victory for financial transparency and user rights. “This ruling levels the playing field,” said María González, a consumer rights attorney. “It acknowledges the asymmetry of information between banks and users and places accountability where it belongs.”

The decision is expected to influence thousands of pending and future cases across Mexico, particularly as digital banking continues to grow. Consumer advocacy groups have urged users to remain vigilant and document any irregularities in their accounts.

Banks are now reviewing their internal protocols and security measures to ensure compliance with the new legal standard. The SCJN’s ruling is binding and sets precedent for all lower courts, reinforcing the judiciary’s role in safeguarding financial justice.

Source: El Financiero

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