Filing Complaints Against Harassment and Cyber-Threats by Lending Apps

The rise of Financial Technology (FinTech) in the Philippines has facilitated easier access to credit. However, it has also given birth to a predatory ecosystem of Online Lending Applications (OLAs) that employ "shaming" tactics, harassment, and unauthorized data processing.

If you are a victim of these practices, Philippine law provides several avenues for protection and redress.


1. Legal Framework and Key Violations

The actions of many delinquent OLAs typically violate a combination of the following laws:

  • R.A. 10173 (Data Privacy Act of 2012): Most OLAs require access to your contacts, gallery, and social media. Using this data to contact your acquaintances or post your information publicly is a criminal violation of data privacy principles (proportionality, transparency, and legitimate purpose).
  • R.A. 10175 (Cybercrime Prevention Act of 2012): Threatening messages, online libel, and identity theft fall under this jurisdiction.
  • SEC Memorandum Circular No. 18 (Series of 2019): This specifically prohibits "Unfair Debt Collection Practices," such as:
  • Using threats of violence or other criminal means.
  • Using profane or abusive language.
  • Disclosing the borrower's name as a "deadbeat" or "scammer" on social media.
  • Contacting people in the borrower's contact list who are not co-makers or guarantors.

2. Step-by-Step Filing Process

I. Documentation (Evidence Gathering)

Before filing a formal complaint, you must secure all digital evidence. Courts and regulatory bodies require "preponderance of evidence."

  • Screenshots: Capture all threatening texts, emails, and social media posts. Ensure the sender's number or profile link is visible.
  • Call Logs: Record the frequency and timing of calls.
  • Loan Contract: Keep a copy of the terms and conditions you agreed to.
  • Proof of Payment: If you have made payments, keep the receipts or transaction logs.

II. Filing with the National Privacy Commission (NPC)

If the OLA accessed your contact list or posted your photo/details online, file a complaint for Data Privacy Violations.

  • How: Visit the NPC's official website and use their "Complaints Services" portal.
  • Action: The NPC has the power to issue "Cease and Desist" orders and can order the removal of the app from the Google Play Store or Apple App Store.

III. Filing with the Securities and Exchange Commission (SEC)

The SEC regulates the operations of lending companies. If the OLA is harassing you or charging unconscionable interest rates:

  • How: Email the Corporate Governance and Finance Department (CGFD) at cgfd_enforcement@sec.gov.ph.
  • Requirement: Check if the OLA is registered. The SEC maintains a list of "Lending Companies and Financing Companies with Certificates of Authority." If they are not on the list, they are operating illegally.

IV. Filing with the PNP-ACG or NBI-CCD

For direct threats to life, liberty, or security, or cases of online libel:

  • Philippine National Police - Anti-Cybercrime Group (PNP-ACG): Visit their headquarters at Camp Crame or report via their Facebook page/website.
  • National Bureau of Investigation - Cybercrime Division (NBI-CCD): File a formal complaint at the NBI office in Taft Avenue, Manila.

3. Common Defenses and Realities

Practice Legality Statutory Basis
Contacting your boss/relatives Illegal SEC MC No. 18 / Data Privacy Act
Threatening with Jail Time False Art. III, Sec. 20, 1987 Constitution*
Demanding 100%+ Interest Contestable BSP Circular No. 1133 (Interest Caps)

Note on "Jail Time": The Philippine Constitution explicitly states: "No person shall be imprisoned for debt." While you cannot be jailed for the inability to pay a loan, you can be sued civilly for collection, or criminally if you issued a "bouncing check" (BP 22) or committed Estafa (fraud).


4. Immediate Remedial Measures

  1. Cease Communication: Once you have documented the threats, stop engaging with the agents. Any further engagement often fuels more harassment.
  2. Privacy Settings: Set all social media profiles to "Private" and restrict who can tag you or comment on your posts.
  3. Alert your Contacts: Inform your contact list that your phone has been compromised or that you are being targeted by an OLA. Advise them to block any unknown numbers asking about you.
  4. Google/Apple Report: Report the application on the App Store/Play Store for "Harassment" and "Data Theft" to help facilitate its removal.

5. Summary of Contact Points

  • SEC: cgfd_enforcement@sec.gov.ph / flcd_queries@sec.gov.ph
  • NPC: complaints@privacy.gov.ph
  • PNP-ACG: (02) 8723-0401 loc 7483
  • NBI-CCD: (02) 8523-8231 to 38

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.