1) What “online lending harassment” usually looks like
In the Philippine online lending space, “harassment” typically means aggressive or abusive debt collection that goes beyond lawful reminders and crosses into intimidation, humiliation, threats, or misuse of personal data. Common patterns include:
- Repeated calls/texts at unreasonable frequency or hours
- Insults, profanity, or shaming language (“scammer,” “magnanakaw,” “estafa,” etc.)
- Threats (arrest/jail, police raids, sending “collectors,” harm to you/family)
- False legal claims (fake “warrants,” “subpoenas,” “case already filed,” “pupunta NBI/PNP bukas”)
- Contacting your phonebook (friends, co-workers, employers, relatives) to pressure you
- Posting or threatening to post your photo/personal info on social media or group chats
- Impersonation (pretending to be a government officer, lawyer, court personnel, barangay)
- Doxxing (sharing your address, IDs, selfies, contacts)
- Using multiple numbers/accounts to evade blocking
Key distinction: A lender may lawfully demand payment and file a civil collection case. But they generally may not use threats, public humiliation, deception, or abusive third-party pressure—especially where personal data is involved.
2) “PesoBreed” specifically: what matters legally
“PesoBreed” may be a brand/app name. For complaints, agencies typically look for the legal entity behind it (company name, SEC registration number, office address, authorized collectors). Your complaint is stronger when you can identify:
- The corporate name (from the loan agreement/app, receipts, or in-app “About/Company” details)
- Payment channels used (bank/e-wallet account names and numbers)
- Collection agents’ numbers, handles, pages, and messages
- Any “service provider” companies acting as collectors
Even if you only have the brand name and digital traces, you can still file—just document what you have.
3) Main Philippine laws and rules that usually apply
A) SEC regulation of lending/financing companies and collection conduct
Online lenders operating as lending companies/financing companies are generally under SEC oversight (registration, reporting, and compliance). The SEC has issued rules and advisories addressing unfair debt collection practices, especially for online lending apps.
Typical prohibited collection behavior under SEC frameworks includes (in substance):
- Threatening violence or criminal action not warranted
- Using obscene/abusive language
- Publicly shaming borrowers
- Contacting people not connected to the loan to harass or embarrass
- Misrepresenting identity/authority (e.g., claiming to be government/court)
- Using deceptive documents or fake legal notices
What SEC can do: administrative sanctions (fines, suspension/revocation of license/authority, cease-and-desist actions) depending on the entity’s status and evidence.
B) Data Privacy Act of 2012 (RA 10173) – misuse of contacts, photos, IDs, and messages
Harassment by online lenders often hinges on personal data misuse, such as:
- Accessing your contacts and messaging them
- Using or threatening to publish your ID/selfie
- Collecting more data than necessary
- Processing or sharing data without a lawful basis
Under RA 10173, personal data must be processed with a lawful basis (consent/contract/legal obligation/etc.) and must follow principles like transparency, legitimate purpose, and proportionality. Even if you clicked permissions, consent must be informed and specific, and “permission” does not automatically justify public shaming or mass-contacting unrelated persons.
Where to complain: the National Privacy Commission (NPC) for data privacy violations and to seek corrective action.
C) Cybercrime Prevention Act (RA 10175) – online threats, harassment, and cyber-libel
When harassment occurs through texts, social media, messaging apps, emails, or similar ICT means, RA 10175 can apply—especially for:
- Cyber libel (online posts/messages imputing crimes or dishonor)
- ICT-enabled threats, coercion, identity misuse, and other penal provisions when committed through ICT
D) Revised Penal Code offenses that may fit collection harassment (case-by-case)
Depending on what was said/done, possible crimes include:
- Grave threats / light threats (threats of wrong/violence or harm)
- Coercion (compelling you to do something through intimidation beyond lawful demand)
- Unjust vexation (persistent, annoying, oppressive behavior causing disturbance)
- Libel / slander (defamation; online versions may be charged as cyber libel)
- Falsification / use of falsified documents (fake subpoenas, warrants, “court orders”)
Important: “We will file a civil case for collection” is generally lawful. “We will have you arrested for nonpayment” is often deceptive because nonpayment of debt by itself is generally not a crime (absent fraud at the start). Threatening arrest to force payment can strengthen a harassment/coercion theory depending on the facts.
E) Civil liability (damages) under the Civil Code
Even when criminal charges are difficult, you may pursue civil damages for abusive conduct (e.g., violation of privacy, moral damages for humiliation, unlawful acts causing injury). Civil remedies can also include injunction-type relief, depending on the forum and circumstances.
4) Your obligations as borrower vs. the lender’s limits
Filing a harassment complaint does not automatically erase the debt. In general:
- You may still owe the principal and lawful charges.
- But lenders/collectors must still follow lawful collection practices.
- If charges are excessive, hidden, or unconscionable, you can dispute them. Philippine courts can reduce unconscionable interest/penalties in appropriate cases.
A practical approach is to separate issues:
- Stop abusive conduct (harassment/privacy violations)
- Clarify the actual amount due and pursue a lawful settlement plan if you intend to pay
5) Evidence checklist (this is what usually makes or breaks complaints)
Collect and preserve original files wherever possible:
A) Loan and account records
- Screenshots of the app profile, loan terms, repayment schedule
- Loan agreement/terms (in-app pages, PDFs, emails)
- Statement of account if available
B) Harassment proof
- Screenshots of SMS, chat messages, social media DMs/posts/comments
- Call logs showing frequency/time (dates/timestamps)
- Screenshots of threats, insults, “warrant/subpoena” claims, shaming scripts
- Photos/screenshots of any posted “wanted/scammer” materials
C) Third-party contact harassment
If they messaged your contacts:
- Ask those contacts for screenshots of what they received
- Note the sender number/account
- If possible, obtain short written statements (even simple signed narratives) describing what was received and when
D) Personal data misuse
- Proof the app requested permissions (contacts, storage, camera, location)
- Proof of how your data was used (posted photo, shared ID, group messages)
E) Payment trail
- Receipts from bank/e-wallet transfers
- Account names/numbers used to collect payments
- Reference numbers, timestamps
Preservation tips (safe and simple):
- Keep unedited originals; store backups (cloud + device)
- Create a timeline (date/time → what happened → evidence file name)
- Avoid altering screenshots; if you annotate, keep a clean copy too
6) Where and how to file complaints in the Philippines (most common routes)
Route 1: SEC complaint (for lending/financing companies and OLAs)
File an administrative complaint when the entity appears to be operating as a lending/financing company or OLA under SEC’s jurisdiction.
What to include:
- Your identity and contact details
- Lender identity (corporate name if available; app/brand name “PesoBreed”; numbers/emails/pages used)
- Loan details (dates, amounts, terms, payments made)
- Specific acts of harassment with dates/times
- Evidence annexes (screenshots, logs, posts, receipts)
- Clear request: investigation and sanctions for unfair collection / improper conduct
What you can ask for:
- Investigation of the lender/collectors
- Orders/sanctions for abusive collection
- Action against unregistered/unauthorized operations (if applicable)
Route 2: National Privacy Commission (NPC) complaint (data privacy angle)
Use this when harassment involves:
- Contacting your phonebook
- Posting/threatening to post your personal info/photos/IDs
- Collecting and sharing data beyond necessity
What to include:
- What personal data was collected (contacts, photos, IDs, address)
- How it was used or disclosed
- Evidence (permission prompts, messages to contacts, posts)
- Harm suffered (humiliation, threats, employment impact)
- Request for corrective measures (stop processing/disclosure; deletion; accountability)
Route 3: PNP Anti-Cybercrime Group / NBI Cybercrime Division (criminal + cyber evidence)
Use this when there are:
- Threats of harm
- Cyber libel/online shaming posts
- Impersonation of government/court officers
- Coordinated harassment using multiple accounts/numbers
What to prepare:
- Complaint-affidavit (narrative + timeline)
- Printed and digital copies of evidence
- IDs and proof of transactions
Route 4: Local police blotter / barangay documentation (supporting record)
While barangay processes are not always the main path for cyber/SEC matters, a police blotter or barangay incident record can help document:
- ongoing threats
- repeated harassment
- community safety concerns
Route 5: Complaints to your bank/e-wallet provider
If collection involves suspicious payment channels or harassment via accounts:
- Report the receiving accounts for fraud/abuse
- Request that the provider tag or review the account activity
- Preserve transaction IDs and official responses
7) Draft structure: complaint-affidavit outline (adaptable to SEC/NPC/PNP/NBI)
1. Parties
- Complainant: name, address, contact details
- Respondent: “PesoBreed” (brand), numbers/handles, any company name, payment accounts
2. Background
- When you applied, how much, what was promised, what you received
- Your payment history (if any)
3. Harassment incidents (chronological) For each incident:
- Date/time
- Channel (SMS/Call/FB/Telegram/etc.)
- Exact statements (quote key lines)
- Effect/harm (fear, humiliation, work disruption)
- Evidence reference (Annex “A-1,” “A-2,” etc.)
4. Third-party contact
- Names/relations of contacted persons (or categories: co-workers/employer/friends)
- What they received; attach screenshots and statements as annexes
5. Data privacy specifics (if applicable)
- What permissions were requested
- What personal data was disclosed/used
- Why it was unauthorized or excessive
6. Relief requested
- Investigation and sanctions (SEC)
- Order to stop data processing/disclosure and accountability measures (NPC)
- Criminal investigation/prosecution for threats/defamation/coercion/cyber offenses (PNP/NBI/Prosecutor)
7. Verification
- Signature, oath/affirmation, attachments list
8) Practical legal points and common myths
Myth: “They can have you arrested for nonpayment.”
Generally false for ordinary debt. Nonpayment is usually civil, not criminal, unless there was fraud from the start (e.g., using fake identity to obtain money).
Myth: “Because you gave app permissions, they can message everyone in your contacts.”
Permissions are not a free pass to violate data privacy principles or to engage in public shaming. Consent must be meaningful, and processing must be proportionate and for a legitimate purpose.
Myth: “Harassment is normal and cannot be complained about.”
Abusive collection practices can trigger SEC administrative liability, data privacy enforcement, and in serious cases criminal liability.
9) Safety and de-escalation steps that do not compromise your complaint
- Send a written notice (SMS/email) stating: “I request all communications be respectful and directed only to me. Do not contact my employer/contacts or disclose my personal data. Any further harassment will be documented for complaints.”
- Block numbers/accounts, but screenshot first.
- Inform close contacts that they may receive messages; ask them to save screenshots.
- If threats indicate immediate danger, document and report promptly to law enforcement.
10) Outcomes you can realistically expect
- SEC: possible investigation, sanctions, and action against unlawful collection practices or unregistered operations (depending on the entity’s status and evidence).
- NPC: possible orders relating to unlawful personal data processing and accountability measures.
- PNP/NBI/Prosecutor: potential criminal complaints where threats/defamation/coercion/identity misuse are provable.
- Recovery/settlement: harassment complaints are primarily about stopping unlawful conduct and accountability; they do not automatically restructure the debt, though they can pressure compliance and more lawful negotiation.
11) Red flags that strongly support a harassment/privacy complaint
- Threats of arrest/jail specifically for nonpayment
- Mass messaging of your phone contacts
- Posting your photo/ID/address publicly
- Impersonating government or court personnel
- Using fake legal documents (warrants/subpoenas)
- Repeated insults, slurs, or shaming scripts sent to you or others
- Contacting your employer to pressure payment