In cases in which individual class members seek damages, the law adopts a two-stage procedure consisting of a class-wide trial followed by individualized mini-proceedings on damages. The law prohibits payments to individual class members through a class representative. Individualized evidence need not be submitted during the class-wide phase of the trial proceedings.
Time will tell how the federal courts of Mexico apply the new law beginning in 2012. It is clear from the debate on the legislation that there is concern about class action abuse (American-style). Certainly, the legal risks have been raised for those doing business in these sectors in Mexico.