Complaining Against Your Internet Service Provider in the Philippines

A practical legal guide for consumers and small businesses

1) The legal landscape, in plain terms

Regulators & laws. Internet access is regulated primarily by the National Telecommunications Commission (NTC), with policy oversight from the Department of Information and Communications Technology (DICT). Your rights as a consumer are also protected by the Civil Code (obligations and contracts), the Consumer Act of the Philippines (R.A. 7394) on unfair or deceptive sales practices and warranties, and the Data Privacy Act (R.A. 10173) for handling of your personal data.
Contracts govern—within limits. Your subscription agreement, Acceptable Use Policy (AUP), and Fair Use Policy (FUP) bind both you and the ISP. However, provisions that are unconscionable, misleading, or contrary to regulations can be struck down or not enforced.
Jurisdiction. Disputes involving telecom services are generally within the NTC’s purview, especially service quality, billing disputes, lock-in and termination fees, and deceptive advertising of speeds/coverage. Broader consumer fraud and misrepresentation may also be actionable under the Consumer Act.
Barangay conciliation? Usually not required when one party is a juridical person (e.g., the ISP). Thus, you can typically proceed directly to the NTC or courts.

2) What you can legitimately complain about

Service quality
- Persistent outages; speeds far below contracted/advertised levels; high latency or jitter; intermittent connectivity; poor after-sales support.
Billing & charges
- Bill shock (unexplained charges), failure to apply rebates/credits for downtime, improper disconnection/reconnection fees, or charging beyond the lock-in expiry.
Lock-in & termination
- Overly long or unclear lock-in periods; early-termination penalties that are disproportionate; refusal to process cancellation despite valid grounds (e.g., relocation with no service feasibility, chronic faults).
Advertising & disclosures
- “Up to” speed claims that hide minimum guaranteed speeds; undisclosed throttling after certain data caps (FUP); misleading “unlimited” offers that are not, in fact, unlimited.
Data privacy & security
- Leakage of personal data; SIM/line mis-provisioning; billing statements sent to the wrong address; failure to act on security incidents.
Installation & repair delays
- Unreasonable delays beyond committed timeframes; repeated missed appointments; failing to provide a service you already paid for.

3) Your rights—core principles to rely on

Right to accurate information. Plans, speeds, FUP, data caps, and fees must be disclosed in clear language.
Right to quality and continuity. You are entitled to service that meets contracted technical standards and reasonable uptime.
Right to fair pricing. Fees and penalties must be lawful, disclosed, and proportionate.
Right to privacy. Personal data must be processed lawfully, with security safeguards and breach notification.
Right to redress. You may demand repair, replacement (where applicable equipment is involved), service credits, or refunds for paid but undelivered service; and seek damages in appropriate cases.

4) Before you complain: build your evidence

Create a simple “case file” (digital folder). Collect:

Contract & plan details: service application form, plan brochure, AUP/FUP, lock-in period, device subsidy terms, and any sales chat/email screenshots.
Service logs:
- Speed tests (same device, preferably on wired connection to the modem/router, multiple times of day, several days).
- Outage diary: date/time started and ended; total hours; what you observed; reference numbers from the ISP.
- Latency/jitter measurements (optional but helpful).
Communications: all tickets, emails, SMS, reference numbers, chat transcripts, and technician job orders.
Billing: invoices, proof of payments, disputed charge highlights.
Photos/videos (if relevant): cabling condition, blinking LOS light, damaged modem, etc.
Privacy issues: screenshots or documents showing any data exposure or misdelivery.

Tip: Name files with dates (e.g., 2025-09-10_speedtest_8pm.png) and keep a one-page timeline of events.

5) Step-by-step escalation path

Step 1: Complain to the ISP (required, fast, and often effective)

Channels: hotline, app, email, social media messenger, or physical store.
Say exactly what you want: e.g., “restore service within 24 hours,” “pro-rated bill credit for 36 hours downtime,” “waive early termination due to chronic faults,” or “provide written FUP details.”
Ask for: a ticket/reference number, committed resolution time, and a written response to your email.
Reasonable timeframe: give 3–7 calendar days (depending on severity) for non-outage issues; outages should be addressed asap (often 24–48 hours).
Follow up: if missed, send a final demand (see template below) warning of escalation to NTC and other remedies.

Step 2: File a complaint with the NTC

Who can file: the subscriber or an authorized representative (attach authorization + ID).
What to file:
- Complaint-Affidavit describing facts, violations, and relief sought;
- Annexes: contract, bills, payments, tickets, speed logs, photos, and your demand letters;
- Proof of service on the ISP (send your complaint to the ISP as well).
Relief you can ask for:
- Service restoration or contract termination without penalty (where justified);
- Bill adjustments/rebates/refunds;
- Compliance orders (e.g., honor advertised minimums; disclose FUP);
- Administrative sanctions against the ISP (fines, directives).
Process in practice: NTC may docket the case, require position papers, and set conferences/mediation. Keep communications formal and on time.

Step 3: Parallel or subsequent remedies

DTI / Consumer Act: for false or misleading advertising or unfair sales practices tied to the subscription.
National Privacy Commission: for data privacy violations.
Civil action (trial courts): for breach of contract (damages, rescission) or torts (Articles 19/20/21 of the Civil Code).
Small Claims: if you seek refunds/penalties within the prevailing monetary threshold (check the latest Supreme Court rules at time of filing). No lawyers required; documentary evidence is key.
Arbitration/mediation: if your contract has an ADR clause, you may elect (or be required) to use it—but it cannot bar you from regulatory complaints for statutory breaches.

6) How to compute a fair bill adjustment (rule of thumb)

When service is down or substantially degraded, a pro-rated credit is reasonable.

Base formula: Monthly fee ÷ (30 days × 24 hours) × total hours of outage/degradation = credit
Degradation case: If speeds are, say, ≤50% of contracted minimum for extended hours (well-documented tests), argue for partial credits (e.g., 50% of the pro-rated amount for those hours).
Installation/repair delays: If you prepaid, demand refund/credit for the period with no usable service, plus return of installation fees if never completed.

Always tie computations to your logbook and attach your spreadsheet/table.

7) Lock-in periods, device subsidies, and early termination

Lock-ins must be disclosed up front and linked to any device subsidy.
Early termination fees (ETFs) should be proportional (e.g., remaining device amortization + reasonable admin fee), not punitive, and not exceed the actual loss of the ISP.
Valid grounds to terminate without penalty may include:
- Chronic service failure (documented tickets and logs);
- Relocation to an area where the ISP cannot provide service;
- Material misrepresentation at point of sale (e.g., “fiber available” but actually not).
Return of devices: If equipment is leased, return it against an official receipt/acknowledgment to avoid “unreturned equipment” charges.

8) Special issues: “Unlimited” plans, FUP, and throttling

Unlimited with FUP: ISPs commonly reserve the right to throttle speeds after a usage cap. They must clearly disclose the cap, reset period, and throttled speed.
What to look for: vague phrases like “excessive use” without numbers; throttling during normal, non-peak hours; or throttling below basic usability (e.g., unusable for email/web).
How to contest: demand written FUP; show you were not warned; prove throttling via consistent logs; ask for plan migration, waiver of ETF, or rebates if the plan is not fit for your purpose.

9) Data privacy complaints

Common scenarios: emails with other subscribers’ billing details, service applications left visible in stores, SIM registration data mishandled, or CPE (modem) with default passwords exposing your network.
What to do:
1. Notify the ISP’s Data Protection Officer (DPO) in writing;
2. Ask for containment, investigation report, and remediation;
3. If unresolved or serious, file with the National Privacy Commission for appropriate action.

10) Templates you can copy-paste

A) Initial complaint to ISP (email or ticket)

Subject: Urgent: Service Degradation / Billing Dispute for [Account No.]

Dear [ISP Name], I am the subscriber for [service address / account no.]. Since [date], I have experienced: [brief facts—e.g., repeated outages, speeds at 2–5 Mbps vs. contracted 100 Mbps]. I have attached logs (speed tests and outage diary) and copies of my bills.

I request: (1) resolution within [48 hours / specific date]; (2) pro-rated credit of ₱[amount] for [hours/days] without usable service; and (3) a written explanation of your FUP and minimum guaranteed speeds for my plan.

Kindly provide a ticket/reference number and committed ETR. If unresolved by [date], I will elevate this to the NTC and seek additional remedies.

Sincerely, [Name, mobile, email, ID type/last 4 digits]

B) Final demand before NTC filing

Subject: Final Demand: Account [No.] – Breach of Contract / Unfair Billing

Dear [ISP Name], Despite my complaint dated [date] (Ticket #[no.]), the issues persist: [short summary]. Under our contract and applicable regulations, I am entitled to quality service and fair billing.

I demand by [firm date]: (1) permanent fix; (2) credit/refund of ₱[amount] (computation attached); and (3) confirmation that early termination fees will be waived if service remains defective.

Failing this, I will file a complaint with the NTC and pursue additional remedies without further notice.

Sincerely, [Name / signature if printed]

C) NTC Complaint-Affidavit (skeleton)

Parties: [Your Name], Complainant vs. [ISP Corporate Name], Respondent Allegations: (1) You are a residential subscriber at [address]; (2) Contracted plan [speed/fee/lock-in]; (3) Chronology of outages/degradation; (4) Efforts to resolve (tickets, dates); (5) Specific violations (service quality, billing, misleading advertising, FUP non-disclosure, etc.). Evidence: Annex A (Contract), B (Bills), C (Payment Proofs), D (Ticket screenshots), E (Speed logs), F (Demand letters), G (Photos), H (ID). Relief Sought: (a) Order to restore/fix service or allow termination without penalty; (b) Rebates/refund ₱[amount]; (c) Directive to disclose and honor minimum speeds/FUP; (d) Administrative sanctions; (e) Other just and equitable relief. Verification & Certification of Non-Forum Shopping: standard forms; sign and attach government ID.

11) Practical tactics that work

Be precise and brief. Regulators and case officers appreciate timelines, tables, and numbers.
Use working-hours tests. Run speed tests at peak hours and off-peak to show patterns.
Record calls. If lawful and feasible, note date/time, agent name, and verbatim commitments.
Ask for the “network trouble ticket.” Technicians often log outages; request the job order number.
Anchor on the contract. Quote plan speed, minimums (if stated), and the FUP page/section.
Stay courteous, firm, and deadline-driven. Every message should end with a clear demand and date.

12) When to seek legal counsel

The monetary stakes are high (business losses),
The ISP threatens disconnection despite bona fide disputes,
You need injunctive relief (e.g., stop an unlawful charge or termination),
There’s a serious privacy breach or identity theft, or
You’re preparing for court litigation or arbitration.

A lawyer can help craft affidavits, quantify actual and moral damages, and choose the best forum (NTC vs. courts vs. ADR) for impact and speed.

13) Quick checklist (print this)

Contract + plan brochure + FUP/AUP
Outage/speed log (dates, hours, screenshots)
Tickets, emails, texts (with reference numbers)
Bills + proof of payment + computation of credit
Two letters sent (initial + final demand)
Government ID and proof of address
Complaint-Affidavit draft + annexes (labeled)
Proof of service on ISP (copy furnished)

14) Final reminders

Keep everything in writing (even after phone calls—send a recap by email).
Ask for pro-rated credits whenever service is down or degraded, and don’t accept vague promises without dates.
If you cannot get stable service after documented attempts, negotiate penalty-free termination and switch providers.
For privacy incidents, immediately secure your accounts, change passwords, and notify the DPO.

This guide focuses on Philippine practice and aims to be practical. Specific procedures, monetary thresholds (e.g., for small claims), and forms can change—always check the most current rules at the time you file and consider consulting counsel for complex situations.