Filing a Complaint Against Debt Shaming by Online Lending Apps in the Philippines

A practical legal guide for borrowers, families, and employers

Short take: Debt shaming is unlawful in the Philippines. If a lending app (or its collectors) threatens you, contacts your family or employer, posts about your debt, or otherwise harasses you, you can (and should) file complaints. Depending on who the lender is, you’ll file with the SEC (lending/financing companies and most OLAs), BSP (banks and other BSP-supervised institutions), NPC (privacy/data misuse), and possibly pursue criminal and civil remedies.

1) What counts as “debt shaming”?

Debt shaming is any collection tactic meant to publicly humiliate or harass you to force payment, including:

Messaging or calling your contacts, family, or employer about your debt
Posting your name, photo, or details in group chats or social media
Threats of arrest, lawsuits, or raids without court orders
Obscene, profane, or degrading language; slurs; repeated calls at odd hours
Misrepresenting as a lawyer, judge, sheriff, police, or government official
Sending fake “demand letters,” “warrants,” or “subpoenas” to intimidate
Contacting you through work channels after being told to stop

These are unfair debt collection practices and may also be privacy violations, cyber libel, grave threats/coercion, and administrative offenses.

2) The legal backbone (Philippine law, at a glance)

1987 Constitution, Art. III, Sec. 20: No imprisonment for debt. (This does not excuse fraud or bouncing checks—see §10.)
Lending Company Regulation Act (RA 9474) and Financing Company Act (RA 8556): SEC regulates lending/financing companies (many OLAs fall here) and can penalize/close violators.
SEC rules on Unfair Debt Collection: Prohibit threats, obscene/abusive language, contacting third parties (except limited verification), public shaming, misrepresentation as officials, collecting at unreasonable hours, and similar abusive conduct.
Financial Products and Services Consumer Protection Act (RA 11765, “FCPA”): Requires fair market conduct, redress mechanisms, and empowers BSP/SEC/IC to stop abusive practices and order restitution.
Data Privacy Act (RA 10173) + IRR: Bars unlawful processing/disclosure of personal data; protects you and your contacts from being used as leverage without proper legal basis/consent; provides rights to access, object, erasure/blocking, and to file complaints with the National Privacy Commission (NPC).
Cybercrime Prevention Act (RA 10175): Makes online libel and certain computer-related offenses prosecutable; harassment via online posts or mass messages can be cyber libel.
Revised Penal Code (selected): Libel, grave threats, grave coercion, and related offenses may apply depending on facts.
Truth in Lending Act (RA 3765) and related rules: Require clear disclosure of charges; deceptive pricing is actionable.
Credit Information System Act (RA 9510): Provides rights to dispute inaccurate credit data.

Key point: Even if you owe money, the lender cannot harass or shame you. Collection must be lawful, fair, and respectful, and must protect your and third parties’ personal data.

3) Who regulates whom? (Know where to complain)

Lender type	Primary regulator	Where to complain about debt shaming
Online lending app / lending or financing company (non-bank)	SEC	SEC (unfair debt collection, licensing/closure); NPC (privacy); Prosecutor’s Office/PNP/NBI (criminal); civil damages in court
Bank, credit card issuer (bank), e-money issuer supervised by BSP	BSP	First, file with the provider; then BSP Consumer Protection; NPC (privacy); Prosecutor’s/PNP/NBI; civil
Insurance-linked lending	Insurance Commission (IC)	IC (market conduct), NPC (privacy), others as applicable
Cooperative (makes member loans)	Cooperative Development Authority (CDA)	CDA for market conduct; NPC; others as applicable
Unregistered/illegal lender	SEC (enforcement)	SEC (illegal lending), NPC, Prosecutor’s/PNP/NBI, civil

If you’re unsure which bucket your lender falls into, check the contract and receipts. Many OLAs are SEC-registered lending/financing companies (or are unregistered).

4) Evidence to gather (before you file)

Screenshots of messages, posts, group chats, “notice” images, caller IDs
Call logs (date/time/number), voicemail copies
Copies of any letters or emails; envelopes showing sender details
App details: name, developer, app store link, version, screenshots of permissions requested (e.g., “Contacts”)
Contract/loan docs: loan agreement, schedule, disclosures, receipts, payment records
Names/IDs of agents/collectors, if shown; numbers used; links to profiles
Witness statements from family/employer who were contacted
Proof of harm: HR memos, screenshots of public posts, medical/psych records (if seeking damages)

⚠️ Recordings: The Anti-Wiretapping Law restricts recording private conversations. Recording calls without proper consent can have legal consequences. Consult a lawyer first before making audio recordings. Stick to messages, screenshots, and call logs.

5) Immediate steps to protect yourself

Tell them to stop unfair collection and third-party contacts (send a written “cease & desist” and privacy rights request—template below).
Revoke contact permissions in the app and device settings. Request erasure/blocking of your and your contacts’ data under the DPA.
Inform your employer (if contacted) that this is unlawful; ask HR to direct all future calls to you/your counsel and to preserve any evidence.
Secure your accounts: change passwords, enable 2FA on email/socials.
Consider payment arrangements you can afford (if debt is valid), but do not accept terms extracted through harassment.

6) Where and how to file complaints

A) SEC (lending/financing companies; OLAs)

Grounds: Unfair debt collection, misrepresentation, harassment, threats, contacting third parties, operating without registration/authority.
Relief you can seek: Investigation, cease-and-desist orders, fines/penalties, license suspension/revocation, takedown of abusive practices, referral for criminal action.

What to submit:

Identification; narrative affidavit; evidence bundle (screenshots, call logs, loan docs); app/company details; list of third parties contacted; your requested relief.

B) NPC (Data Privacy Act violations)

Grounds: Using your contacts without consent; public disclosure of your debt; collecting excessive permissions; failure to secure data; refusing your lawful access/erasure/object requests.
Relief: Orders to stop processing, delete data, notify affected third parties, fines/penalties, and other corrective measures.

Process tip: The NPC generally expects you to assert your privacy rights with the company’s DPO first (access/object/erasure). If they ignore/refuse, or the harm is urgent/serious, file directly with NPC attaching your rights request and the company’s (non)response.

C) BSP (banks and BSP-supervised institutions)

Grounds: Abusive market conduct and collection, unfair treatment, disclosure failures.
Relief: Corrective action, sanctions, restitution as allowed by the FCPA.
Practice: First escalate to the provider’s official complaints channel. If unresolved or denied, file with BSP with your reference number and evidence.

D) Criminal complaints (Prosecutor’s Office; PNP/NBI)

Cyber libel for shaming posts/messages; grave threats/coercion; other applicable offenses.
What you need: Affidavit-complaint, evidence, and witnesses (e.g., employer or contacts who received shaming calls). Police blotter isn’t strictly required but helps corroborate.

E) Civil actions (trial courts)

Damages under the Civil Code (abuse of rights; acts contrary to morals/good customs/public policy), DPA damages, injunctions to stop harassment, and attorney’s fees.
Consider court action if you suffered documented harm (mental anguish, reputational injury, lost employment) or need injunctive relief fast.

7) Practical filing strategy (multi-track)

Send rights + cease-and-desist letter (to the company and its DPO).
File SEC complaint (if a lending/financing company; add “illegal lending” if unregistered).
File NPC complaint (attach your rights request and evidence of third-party contacts/public shaming).
If a bank/BSP-supervised lender, escalate internally then file with BSP.
Assess criminal/civil options with counsel for stronger leverage or damages.

You can file with more than one authority when multiple laws are violated.

8) Common collector claims—and how to respond

“We’ll have you arrested tomorrow.” Only courts issue warrants; nonpayment of debt isn’t a crime. Threats like this are unlawful.
“We’re calling your boss until you pay.” Contacting your employer to shame you is an unfair collection practice and likely a privacy violation.
“We’re lawyers/prosecutors/judges.” Misrepresenting as public officers or lawyers is prohibited and can be criminal.
“We’ll post your photos in our debtor groups.” Public disclosure to coerce payment is cyber libel/privacy violation; preserve evidence and file.
“You gave us access to your contacts, so it’s allowed.” Consent must be informed, freely given, specific—and processing must still be necessary and proportionate. Using your contacts to shame you is unlawful.

9) If you actually owe the money

You still have rights. Harassment is never allowed.
Ask for a statement of account and itemized charges; challenge hidden or deceptive fees.
Explore restructuring or a repayment plan you can keep. Get agreements in writing.
Do not issue checks you can’t fund (risk of BP 22) and do not misrepresent facts to obtain credit (risk of estafa).
If the loan appears illegal/unregistered or the pricing grossly excessive/deceptive, prioritize SEC/NPC complaints and consider not reinstalling the app.

10) Templates you can adapt

A) Cease-and-Desist + Privacy Rights Request (send to the company and its DPO)

Subject: Cease and Desist from Unfair Collection; Data Privacy Rights Exercise

I am [Your Name], borrower under Loan No. [____] with [Company/App]. Your agents have engaged in unfair debt collection, including [describe: contacting my employer/family, threats, obscene language, public posts] on [dates].

1) CEASE AND DESIST. Effective immediately, stop all unfair collection acts, including contacting third parties and my employer. Communicate with me only via [email/number], between [reasonable hours].

2) DATA PRIVACY. Under the Data Privacy Act, I exercise my rights to:
   • ACCESS the personal data you hold about me (and a copy of any contacts you collected);
   • OBJECT to further processing for collection via third parties and public disclosure;
   • ERASURE/BLOCKING of my contact list data and any data of third parties you obtained from my device; and
   • BE INFORMED of your lawful basis for processing and any sharing to third parties.

Please confirm in writing within 10 days that you have:
   (a) stopped all unfair collection acts,
   (b) deleted/blocked my contact list data and any data of third parties,
   (c) implemented measures to prevent recurrence, and
   (d) provided the requested access information.

Failure to comply will result in formal complaints with the SEC/NPC and other authorities.

Sincerely,
[Name]
[ID No.]
[Email / Mobile]

B) Employer Advisory (for HR when collectors call the office)

Subject: External Harassment Concerning a Personal Loan

To HR/Management:

Third-party collectors from [Company/App] have contacted the workplace regarding my personal loan, disclosing private information and making threats. This is unlawful. Kindly:
  • Direct all such calls/emails to me (do not confirm my employment or schedule);
  • Keep records of any calls/emails (dates, numbers, screenshots);
  • Provide me with a memo or screenshot if further calls occur.

Thank you for your support.
[Employee Name / ID]

C) Complaint Outline (SEC/NPC/BSP/Prosecutor)

I. Parties and Contact Details
II. Nature of the Respondent (bank / lending company / app developer)
III. Facts (chronological narrative; attach evidence references)
IV. Violations Alleged (unfair collection; privacy; libel; threats, etc.)
V. Relief Sought (cease-and-desist; deletion of data; penalties; restitution; damages)
VI. Evidence List (screenshots, call logs, loan docs, witness statements)
VII. Verification and Affidavit

11) Do’s and don’ts

Keep everything in writing and save duplicates (cloud + offline).
Use one official channel for communications; set reasonable hours.
Tell family/employer not to engage with collectors; simply document.
Consider legal counsel for criminal/civil actions and urgent injunctions.

Don’t

Don’t argue with collectors; don’t make promises you can’t keep.
Don’t post your case publicly while it’s active (limit exposure and libel risks).
Don’t pay through unverified personal accounts; insist on official channels/receipts.
Don’t uninstall the app before capturing evidence you need.

12) FAQs

Can they sue me? Yes, a lender can file a civil case to collect—but they cannot lawfully harass or shame you to force payment.
Can they contact my references? Limited verification may be allowed if you named a reference—but shaming or repeated calls is unlawful; contacting people scraped from your contacts list is generally unlawful under the DPA.
How long will a complaint take? Timelines vary by agency and case complexity; build a strong evidence file to speed things up.
What if the app is foreign? If it operates in the PH or processes PH residents’ data, local regulators can still act; also report to app stores and payment partners.

13) Quick checklist (print and tick)

Screenshots, call logs, loan contract, receipts saved
Cease-and-desist + DPA rights letter sent to company/DPO
SEC complaint prepared (if lending/financing company or illegal OLA)
NPC complaint prepared (privacy violations)
BSP escalation/complaint (if bank/BSP-supervised)
Consider criminal/civil actions with counsel
Employer briefed; evidence preservation in place

Final notes (not legal advice)

Laws and procedures evolve. The framework above reflects core Philippine protections against debt shaming and a complaint strategy that works in practice. For sensitive or high-stakes situations (e.g., widespread public posting, threats to safety, job risk), consult a Philippine lawyer to calibrate criminal/civil filings and seek urgent relief.