Filing a Complaint for Lending-Agency Harassment

(Philippine legal and regulatory guide – 2025 edition)

1. Why this matters

Since 2017, hundreds of brick-and-mortar and online lending platforms (OLPs) have mushroomed. Regulators now routinely receive harassment reports ranging from daily profanity-laced calls to public doxxing on Facebook. To fight back effectively, a borrower has to know which law was broken, which office has jurisdiction, what evidence is needed, and how the procedure flows. This guide puts everything in one place.

2. Core legal arsenal

Layer	Key statute / issuance	What it covers	Typical penalty*
Securities / Corporate	RA 9474 (Lending Company Regulation Act) & SEC Memorandum Circular (MC) 3-2022 – “Rules on the Prevention of Unfair Debt-Collection Practices”	Registration of lenders; lists 18 prohibited collection acts (threats, contact scraping, calls < 6 AM or > 10 PM, etc.).	₱25 000–₱1 000 000 fine + revocation/black-listing. ([PHILSTAR] SEC issues memorandum on unfair debt collection practices, How to File a Complaint Against a Lending Company for Harassment and ...)
Banking / Consumer	RA 11765 (Financial Products & Services Consumer Protection Act) implemented through BSP CAMS & related circulars	Unfair practices by BSP-supervised financial institutions (banks, credit-card issuers, e-wallets).	Supervisory fines; restitution; directors’ disqualification. (Consumer Protection - Bangko Sentral ng Pilipinas, Consumer Assistance Management System - Bangko Sentral ng Pilipinas)
Data privacy	RA 10173 + NPC Circular 20-01 (Loan-related transactions)	“Contact-list scraping,” bulk SMS to third parties, public posting without consent	1–6 yrs + up to ₱4 M per count; cease-and-desist. (Lending App Harassment Relief Under Data Privacy Act Philippines, NPC conducts hearings on 48 online lending apps after over 400 ...)
Criminal	Revised Penal Code (grave threats § 282, unjust vexation § 287, libel §§ 353–355) & RA 10175 (Cybercrime)	Threats of bodily harm, shaming posts, extortion	Fine and/or imprisonment; cybercrime ↑ penalties 1 degree. (Harassment by Loan Apps and Legal Remedies - respicio.ph)

*Penalties are illustrative; regulators may stack fines per violation, per day.

3. What counts as “harassment” under SEC MC 3-2022

Use of obscenity, insults or profane language.
Threatening violence, property damage or criminal prosecution.
Contacting the borrower’s employer, relatives, friends or Facebook contacts about the debt.
Calling or messaging before 06:00 or after 22:00 or more than 3 times per day.
Publicly posting or publishing personal data, debt amount, or shaming graphics.
False representation (posing as lawyer, police, court officer) to collect.
Processing phone-book data without written, freely given, informed, and specific consent.
Any other act that “harasses, oppresses or abuses” the borrower. ([PHILSTAR] SEC issues memorandum on unfair debt collection practices, Online Lending App Contact Harassment Legal Actions Philippines)

4. Evidence checklist (collect before filing)

Item	Tip
Screenshots of SMS / chat / social-media posts	Capture entire thread with time-stamp.
Call-log & audio recordings	Under PH law you may record your own calls without notifying the other party.
Contract / disclosure statement	Shows lender’s identity & your loan number.
Proof of payments, if any	Helpful for usury or mis-applied payments issues.
Valid ID & sworn Affidavit of Complaint	Notarize; attach evidence as Annex “A”, “B”…

5. Where and how to complain

Type of lender	Primary venue	How to file	Typical timeline*
Financing / Lending company (including most OLPs)	SEC FinLenD (Financing & Lending Division) or i-Message Portal	Online form ► upload affidavit & evidence ► await Show-Cause Order ► attend online/physical conference.	Screening ≈ 7 days; Decision ≤ 90 days. (SEC Philippines: How To File A Complaint Against Lending Or Financing ...)
Bank / credit-card / EMI / e-wallet	Bangko Sentral ng Pilipinas (CAMS)	First complain to the bank (≥ 15 BD). If unresolved, fill BSP-CAMS webform or email consumeraffairs@bsp.gov.ph.	Acknowledgment ≈ 3 days; Resolution goal ≤ 30 days. (Consumer Protection - Bangko Sentral ng Pilipinas, Consumer Assistance Management System - Bangko Sentral ng Pilipinas)
Privacy breach (contact scraping, doxxing)	National Privacy Commission	Sworn affidavit ► docket fee ₱1 k ► investigation; possible mediation.	30 days preliminary, full case ≈ 6 months. (NPC conducts hearings on 48 online lending apps after over 400 ..., Lending App Harassment Relief Under Data Privacy Act Philippines)
Criminal threat / cyber-libel	City / Provincial Prosecutor (or PNP-ACG / NBI-CCD for cyber)	Execute complaint-affidavit ► preliminary investigation.	Inquest ≤ 15 days (detained); reg. PI ≤ 90 days.

*Best-case; complex cases take longer.

6. Step-by-step SEC complaint flow (template)

Identify the lender’s SEC Registration No. (see https://www.sec.gov.ph → “List of Registered Lenders”).
Prepare: affidavit + annexes (screens, call logs).
Create account on the SEC i-Message Portal → “File a Complaint” → choose Unfair Debt-Collection.
Upload PDF of the affidavit (max 10 MB) + annexes; certify truthfulness.
Monitor email for a Reference No.; respond to any request for clarification.
Attend hearing/clarificatory conference (virtual or SEC head office).
Receive Order/Decision – may impose fine, app take-down, or certificate-revocation; copy is emailed.

7. Other remedies & strategic options

Interest/charge caps – SEC & BSP capped OLP loans at 6 % per month interest and 15 % per month total cost (BSP Circular 1133-2021). Over-charging is itself a violation.
Civil damages – You may sue in regular court (or Small-Claims Court up to ₱1 M) for moral and exemplary damages under Civil Code Art. 19-21.
Barangay Protection Order – If threats constitute VAWC (e.g., intimate-partner violence), VAWC complaints may be filed at the barangay to get an immediate 15-day protective order.
Temporary restraining order (TRO) – Regional Trial Court may issue ex-parte TRO to block continued publication of defamatory posts.

8. Defenses commonly raised by lenders – and counter-arguments

Lender’s excuse	Why it fails
“The borrower consented by accepting our app permissions.”	Consent must be freely given, specific, informed—bundled contact-list scraping is void under NPC 20-01.
“We only warned of legal action.”	Threats are allowed only if made truthfully, in moderate language, and directed exclusively to the borrower or counsel.
“We called the guarantor, not third parties.”	SEC rules still ban revealing the exact debt amount or shaming language to guarantors.
“Collection agent not our employee.”	Principal is liable for acts of its agents (Civil Code § 2180); SEC treats outsourced collectors as covered entities.

9. Practical tips for borrowers

Save everything – even missed calls; pattern matters.
Never send IDs over unsecured chat; use the portal or email stated in the disclosure statement.
Keep calm on the phone – no profanities that can be turned against you.
Beware of phishing – some “collectors” are scammers posing as the lender.
Check licensing – if the lender is NOT on the SEC list, report immediately; unlicensed operation is a criminal offense.

10. Frequently-asked questions

Question	Short answer
Can a collector call me on a Sunday?	Yes, but only between 08:00-20:00 and ≤ 3 attempts.
May they tell my boss I owe money?	No. Contacting your employer or co-workers about your debt is expressly prohibited and penalized under SEC MC 3-2022.
Is recording calls legal?	If you are a party to the conversation, you may record without telling them (People v. Dela Cruz, G.R. 233181).
What if I already paid, but they keep harassing me?	Attach proof of payment to your SEC/BSP complaint; harassment after settlement is an aggravating circumstance.

Bottom line

Harassment is no longer a “necessary evil” of borrowing: even a single abusive call, SMS, or Facebook blast can violate multiple Philippine laws at once. Armed with screenshots, a notarized affidavit, and the correct agency portal, a borrower can stop the abuse, penalize the lender, and even collect damages. If in doubt, consult a lawyer or free legal-aid clinic—time limits for filing criminal and administrative cases can be as short as one year for unjust vexation.

(Guide current as of 30 April 2025. Legislative or circular updates after this date require verification.)