Online lending applications (OLAs) have become a convenient source of short-term credit for many Filipinos. However, the rapid rise of these platforms has also led to alarming instances of text harassment, public shaming, and unlawful data sharing. Borrowers, and even non-borrowers, often receive abusive messages or threats from collectors and agents of these apps. Fortunately, Philippine law provides remedies for victims through the National Privacy Commission (NPC) and the Philippine National Police (PNP). This article explains in detail how to report such violations, what laws apply, and what steps to take to protect yourself.
I. Understanding Text Harassment by Online Lending Apps
Text harassment in the context of OLAs typically involves:
- Repeated, threatening, or obscene text messages and calls.
- Public shaming or defamatory posts on social media.
- Unauthorized disclosure of personal information (e.g., contacting family, friends, or employers).
- Use of contact lists from mobile phones to intimidate or coerce repayment.
These actions often violate the Data Privacy Act of 2012 (Republic Act No. 10173), the Cybercrime Prevention Act of 2012 (RA 10175), and the Revised Penal Code provisions on grave threats, coercion, and libel.
II. Legal Framework
1. Data Privacy Act of 2012 (RA 10173)
This law protects individuals from unauthorized collection, processing, and sharing of personal data. Lending apps that access a borrower’s phone contacts or send messages to third parties without consent commit a data privacy violation.
Violations include:
- Processing personal data without consent.
- Using data for purposes not stated during collection.
- Sharing personal information with third parties unlawfully.
The National Privacy Commission (NPC) enforces this law and has jurisdiction over such complaints.
2. Cybercrime Prevention Act of 2012 (RA 10175)
Text harassment that includes threats, defamation, or public shaming online can fall under cyberlibel, cyberstalking, or cyber harassment, which carry higher penalties when committed using electronic communications.
3. Revised Penal Code
Certain acts of OLA harassment—such as grave threats, coercion, or libel—can also be prosecuted under the RPC. These cases fall within the jurisdiction of the PNP Anti-Cybercrime Group (ACG) or the National Bureau of Investigation (NBI) Cybercrime Division.
III. Reporting to the National Privacy Commission (NPC)
Step 1: Gather Evidence
Before filing a complaint, collect all relevant materials, including:
- Screenshots of text messages, emails, or chat logs.
- Names and contact numbers of the harassing agents.
- App names, company names, and download sources (e.g., Google Play Store).
- Proof of data misuse (e.g., messages sent to your contacts).
Step 2: File a Complaint
You can file a complaint directly through the NPC by:
- Email: complaints@privacy.gov.ph
- Online: via the NPC’s complaint portal
- In-person: at the NPC Office, 5th Floor, Delegation Building, PICC Complex, Pasay City.
Include:
- Your sworn complaint affidavit.
- Copies of all evidence.
- Details of how the harassment occurred.
- A statement of the harm or distress caused.
Step 3: NPC Investigation and Resolution
After submission, the NPC will:
- Evaluate your complaint for completeness.
- Require the respondent (lending app) to answer.
- Conduct mediation or investigation proceedings.
- Impose administrative fines or sanctions if violations are proven.
The NPC can order the app’s removal, issue cease-and-desist orders, and recommend criminal prosecution.
IV. Reporting to the Philippine National Police (PNP)
Step 1: Identify the Appropriate Office
You may file a report with:
- The PNP Anti-Cybercrime Group (ACG) or its regional units.
- The nearest police station if ACG offices are not available.
Step 2: Prepare and Submit Evidence
Bring:
- Government-issued ID.
- Screenshots or printouts of harassing messages.
- Details about the sender and the lending app.
- Any NPC correspondence (if applicable).
Step 3: File a Criminal Complaint
The PNP may file charges under:
- Grave threats (Art. 282, RPC)
- Unjust vexation or coercion (Art. 287, RPC)
- Libel (Art. 353, RPC)
- Cyber harassment or cyberstalking (RA 10175)
The case may then be endorsed to the Office of the City Prosecutor for preliminary investigation.
V. Additional Remedies and Preventive Measures
- Block and report the sender’s number to your mobile carrier.
- Uninstall and report the lending app to Google Play or Apple App Store.
- Do not engage or retaliate—keep all messages as evidence.
- Notify your contacts that they may receive harassing messages, and advise them not to respond.
- Consult a lawyer or seek assistance from legal aid groups for formal complaint drafting.
VI. Coordination Between NPC and PNP
You may simultaneously file with both the NPC and PNP.
- The NPC handles violations of data privacy and improper data handling.
- The PNP/DOJ handles criminal aspects like threats, libel, or coercion.
This dual approach ensures both administrative and criminal accountability for abusive lenders.
VII. Penalties and Sanctions
Under RA 10173, violators can face:
- Imprisonment of 1 to 6 years, and/or
- Fines from ₱500,000 to ₱5,000,000.
Under RA 10175, cyber harassment crimes can result in higher penalties by one degree than their offline equivalents. Lending app operators may also face revocation of business permits or app store takedowns.
VIII. Conclusion
Text harassment from online lending apps is not merely unethical—it is illegal. Victims have the right to protection, redress, and privacy under Philippine law. Reporting such misconduct to the NPC and PNP is a vital step in holding abusive lenders accountable and deterring future violations. With collective vigilance and proper documentation, borrowers can assert their rights and contribute to a safer digital lending environment.