I. Overview

Online lending apps (often called “OLAs”) have made credit more accessible, especially for those without traditional bank histories. Along with that, however, came a wave of abusive collection practices: debt-shaming, harassment of family and co-workers, threats of arrest, and misuse of personal data.

In the Philippines, these practices can violate:

Lending and securities regulations
Data privacy laws
Consumer protection rules
Criminal laws (threats, coercion, libel, etc.)
Civil law provisions on human relations and privacy

This article explains what counts as harassment, which laws may apply, and how and where to file complaints against abusive online lending apps.

Important note: This is general legal information, not tailored legal advice. For serious cases or if you are unsure, consult a Philippine lawyer or contact the relevant government agencies.

II. Legal and Regulatory Framework

1. Lending regulation (SEC jurisdiction)

Most stand-alone online lending apps (not banks) are regulated by the Securities and Exchange Commission (SEC) under the Lending Company Regulation Act (RA 9474) and related rules.

Key points:

Lending companies must be SEC-registered and licensed to operate.
SEC has issued memorandum circulars on:
- Registration and licensing of online lending platforms
- Prohibition of unfair collection practices (e.g., debt-shaming, threats, harassment, misrepresentation)
SEC may:
- Issue cease and desist orders
- Revoke or suspend registrations/licenses
- Impose fines and administrative sanctions

If the app is an unregistered “fly-by-night” lender, that is itself a serious violation.

2. Data Privacy (National Privacy Commission)

Online lending apps typically require access to:

Contacts list
SMS messages
Call logs
Photos and files

Data Privacy Act of 2012 (RA 10173) and its IRR, enforced by the National Privacy Commission (NPC), are key in dealing with:

Over-collection of data (asking more than necessary for the loan)
Unauthorized processing of personal information
Unauthorized disclosure of personal data to third parties (e.g., texting your boss or relatives about your debt)
Failure to secure data, leading to leaks or misuse

Common privacy violations by abusive apps:

Texting or calling your contacts about your debt without your consent
Sending edited/shaming photos to your contacts or on social media
Using your data for other purposes (e.g., marketing) without proper consent
Not having a proper privacy notice or misrepresenting how data will be used

These can be the basis of a complaint before the NPC, which can impose administrative fines and corrective actions.

3. Consumer protection for financial services

Depending on the entity, other regulators may have jurisdiction:

Bangko Sentral ng Pilipinas (BSP)
- Oversees banks, electronic money issuers, and certain fintech providers.
- Implements the Financial Products and Services Consumer Protection Act (RA 11765) and BSP circulars on financial consumer protection.
- Prohibits unfair collection practices, misrepresentation, and harassment by supervised institutions.

If the lender is:

A bank, digital bank, or e-money issuer → complaints may be filed with BSP.
A lending company / financing company / OLA (non-bank) → mainly SEC, plus NPC for data issues.

4. Relevant civil law provisions

Under the Civil Code:

Article 26 protects the privacy and peace of mind of individuals. It prohibits:
- Intrusion into the privacy of another’s residence
- Meddling with or disturbing private life
- Vexing or humiliating another on account of religious or political beliefs, lowly station in life, etc.
Articles 19–21 on abuse of rights and human relations:
- Even if a person has a right (e.g., to collect a debt), it must be exercised with justice, giving everyone his due, and in good faith. Abuse can give rise to liability for damages.
Article 32 allows civil actions for violations of constitutional rights (e.g., privacy, liberty of abode).

Victims of harassment can sue for moral, exemplary, and sometimes actual damages in regular courts.

5. Criminal law angle

Under the Revised Penal Code and special laws, abusive collection can amount to crimes, such as:

Grave threats / light threats – e.g., threatening to hurt you or your family if you don’t pay.
Grave coercion – forcing you to do something (like paying instantly, selling property, sending nude photos) through violence, intimidation, or threats.
Unjust vexation – persistent, annoying harassment.
Libel / cyber libel (RA 10175) – posting or sending defamatory statements about you to others online.
Violation of the Data Privacy Act – can carry criminal penalties in serious cases (e.g., unauthorized disclosure, malicious misuse).
Other relevant laws, depending on the conduct:
- RA 9995 – Anti-Photo and Video Voyeurism (if intimate images were used)
- Anti-VAWC (RA 9262) – if abuse is within intimate or family relationships and tied to economic abuse
- RA 8484 – Access Devices Regulation Act, if misuse involves cards or access devices

Criminal complaints are usually filed with PNP (often PNP Anti-Cybercrime Group) or NBI Cybercrime Division, then reviewed by the prosecutor’s office.

III. What Counts as Online Lending Harassment?

While each regulator has its own wording, the following acts are commonly treated as harassment or unfair collection practices:

Debt-shaming and public humiliation
- Sending mass messages to the borrower’s contacts calling them a “scammer,” “criminal,” “thief,” etc.
- Posting the borrower’s name, photo, and alleged debt on social media or group chats.
- Creating “wanted” posters or edited photos.
Harassment of third parties
- Calling or texting relatives, friends, co-workers, or boss to pressure them to pay or shame the borrower.
- Calling someone repeatedly even after being told to stop, at unreasonable hours.
Threats and intimidation
- Threatening arrest, imprisonment, or criminal charges for non-payment of a purely civil loan.
- Threatening to “expose” the borrower to all contacts or post “scandal” photos.
- Threatening physical harm.
Excessive or abusive communication
- Calling dozens of times a day, or past late hours.
- Sending insulting, obscene, or degrading messages.
- Using fake identities (posing as “attorney,” “police,” “court official”) when they are not.
Misuse of personal and contact data
- Accessing the borrower’s contact list and messaging them about the loan.
- Accessing photos and files to create fake or edited pictures.
- Retaining or using data for other purposes after the loan is settled.
Misleading or false representations
- Claiming that:
  - Non-payment is a crime by itself (it is generally not, unless there is fraud like estafa or bouncing checks).
  - They already have a court warrant or arrest order when they don’t.
  - They are lawyers, NBI agents, or police when they are not.

Any combination of these, especially when repeated and directed at multiple people, is strong evidence of harassment and regulatory violations.

IV. Rights of the Borrower

Even if you genuinely owe money, you still have legal protections:

No imprisonment for debt alone
- Under the Constitution, non-payment of debt is not punishable by imprisonment (with specific exceptions like BP 22 bouncing checks, or if fraud is involved).
- An online lender cannot send you to jail simply for failing to pay on time.
Right to privacy and data protection
- Your personal data must be:
  - Collected fairly and only as needed
  - Processed based on valid consent or legal basis
  - Used only for declared, legitimate purposes
  - Protected with reasonable security measures
- Lenders should not broadcast your personal data to your contacts.
Right to fair and respectful treatment
- Collectors must not harass, threaten, or humiliate you.
- They may remind you professionally about your obligations and legal consequences (civil suit, collection efforts) but not through abusive means.
Right to accurate information
- You should receive clear loan terms, including interest, charges, due dates, and consequences of default.
- Hidden or misleading clauses may be questioned as unfair or unconscionable.

V. How and Where to File Complaints

You can pursue multiple remedies at the same time. For example, you may file a privacy complaint with the NPC, an unfair collection complaint with the SEC/BSP, and a criminal complaint with law enforcement.

1. Before filing: Identify the type of lender

Check if the lender is:

A bank / digital bank / EMI → usually under BSP
A lending company / financing company / OLA → usually under SEC
An unregistered/unknown entity → still reportable to SEC, NPC, and law enforcement

Clues:

Company name on app store / website
Privacy notice and terms of service
SEC registration/registration number (if any)
If the lender operates many apps under one company name

If you cannot identify them, you can still complain based on app name, screenshots, and transaction records.

2. Documenting the harassment (crucial step)

Whatever route you choose, preserve evidence:

Screenshots of:
- Harassing messages
- Threats
- Messages sent to your contacts
- Social media posts, group chats, edited photos
Call logs or recordings (if legally obtained) showing repeated calls.
Screenshots of app permissions (e.g., access to contacts or photos).
Statements from relatives or co-workers who were contacted or harassed.
Proof of transactions:
- Loan agreements
- Disbursement records
- Payment receipts / screenshots
Identification of the app:
- App store page
- In-app company name and contact details
- Emails from the lender

Back up these files securely (cloud drive, USB, or printed copies).

3. Filing a complaint with the National Privacy Commission (NPC)

You may complain if:

The app accessed your contacts/photos without valid consent.
Your contacts were harassed using your data.
Your personal data was publicly disclosed.

Typical content of an NPC complaint:

Complainant details – your name, contact information.
Respondent details – lender / app name, company (if known), address/website, contact emails, etc.
Narration of facts – what happened, when, and how the app used your data to harass you or others.
Specific data privacy violations (e.g., unauthorized disclosure to my contacts, over-collection of data).
Evidence list – attach screenshots, messages, call logs, terms and conditions, etc.
Relief sought – investigation, order to stop processing, deletion of data, administrative penalties, etc.

NPC processes generally involve:

Evaluation of your complaint
Possible mediation / clarificatory conferences
Investigation and eventually decision imposing sanctions or corrective measures (where warranted)

4. Filing a complaint with the Securities and Exchange Commission (SEC)

You complain to SEC if:

The lender is an online lending / financing company, especially if:
- It is unregistered or unlicensed
- It engages in unfair collection practices

Typical SEC complaint contents:

Your details as complainant.
Lender details – app name(s), developer, company name (if visible), SEC registration number (if known).
Nature of the complaint:
- Unregistered lending activity
- Unfair, abusive, or harassing collection practices
- Misleading representation (pretending to be lawyers, etc.)
Narration of facts – timeline of borrowing, due dates, harassment incidents.
Evidence – screenshots, call logs, app pages, proof of transactions.
Request for SEC action – investigation, suspension / revocation, cease and desist, penalties.

SEC may issue public advisories against abusive or unregistered apps, and can order them to cease operations or pay fines.

5. Filing a complaint with BSP (for banks / EMIs / BSP-supervised entities)

If harassment is coming from a bank, lending arm of a bank, or an EMI:

You may first file a complaint through the institution’s internal complaint handling mechanism (customer service, official email, contact form).
If unresolved or unsatisfactory, file a complaint with Bangko Sentral ng Pilipinas.

Include:

Your details
Name of bank or institution
Type of account/loan
Details of harassment (calls, messages, threats)
Evidence (screenshots, call logs, etc.)
Actions taken with the bank so far

BSP can require the supervised institution to respond and rectify violations of consumer protection rules.

6. Filing police or NBI complaints (for criminal acts)

If the conduct amounts to threats, coercion, libel, or other crimes, you may file a criminal complaint with:

PNP – preferably the Anti-Cybercrime Group (ACG) for online/phone harassment
NBI Cybercrime Division

Basic elements of a criminal complaint:

Affidavit of complaint
- Personal details
- Detailed narration of incidents, including dates, content of threats or defamatory statements, and identities (if known) of the perpetrators.
Annexes / evidence – screenshots, call logs, transaction documents, witness statements.
If possible, identity of the company or individuals involved.

After preliminary investigation:

The prosecutor decides whether to file an Information in court.
If filed, a criminal case proceeds in trial court.

7. Filing civil actions for damages

You may also file a civil case in regular courts to claim:

Moral damages – for mental anguish, anxiety, humiliation
Exemplary damages – to set an example and deter similar acts
Actual damages – where you can prove specific financial loss (e.g., lost job due to harassment at work)
Attorney’s fees

Basis can be:

Civil Code Articles 19, 20, 21, 26 (abuse of rights, human relations, privacy)
Violation of constitutional rights (Article 32)
Breach of contract or abuse of contractual rights

Civil cases can be time-consuming and may require hiring a lawyer, but they may be appropriate for severe harassment with serious consequences.

8. Barangay conciliation (sometimes)

For disputes between individuals (e.g., if a collector is a private person living in your area), the Katarungang Pambarangay system may require barangay conciliation before going to court.

However, for:

Complaints against corporations,
Cybercrime and regulatory complaints,

you usually don’t need barangay conciliation.

VI. Practical Steps for Victims

Here’s a step-by-step approach many victims follow:

Stay calm and do not engage in abusive exchanges.
- Avoid arguing or sending insulting replies; they may be used against you.
Secure your accounts and data.
- Revoke app permissions (contacts, storage, SMS) in your phone settings, if possible.
- Change passwords for email and social media in case of possible compromise.
Document everything.
- Take screenshots and save call logs.
- Ask harassed contacts to forward messages they receive.
Formally communicate with the lender (optional but helpful).
- Send a calm message or email stating:
  - You acknowledge the debt (if true)
  - You intend to pay or negotiate, but
  - You demand that they stop illegal harassment and contacting your contacts.
- This shows good faith on your part.
Assess your repayment capacity.
- Consider restructuring, negotiating a payment plan, or seeking help from legitimate credit counselors.
- Avoid borrowing from another abusive app just to cover the first one; this can lead to a debt spiral.
File complaints with the appropriate agencies.
- NPC for privacy/data issues
- SEC or BSP for unfair collection practices
- PNP/NBI for threats, coercion, libel, etc.
Seek legal assistance where necessary.
- For complex cases or if you intend to sue for damages, consult a lawyer or seek help from legal aid groups.

VII. Common Questions and Misconceptions

1. “Can I go to jail for not paying an online lending app?”

Generally, no imprisonment for non-payment of debt alone.

You may be sued civilly (they can file a case to collect the debt, garnish assets, etc.), but you cannot be jailed merely for failing to pay a lawful loan without fraud or checks involved.

Jail time can enter the picture only if:

There is fraud (e.g., estafa),
Bouncing checks (BP 22),
Or other separate crimes (identity theft, etc.) are proven.

2. “Can they call my employer and co-workers?”

They often do, but that may be illegal:

Data Privacy Act – unauthorized disclosure of your debt and personal data.
Unfair collection practice – debt-shaming and harassment.
Civil Code – violation of your privacy and dignity.

You can use such calls as evidence against them.

3. “If I uninstall the app, will the harassment stop?”

Not necessarily. Once they have:

Your data
Your contact list
Your phone number

they may continue. Uninstalling helps limit further data access, but it does not erase data they already copied. That is why legal complaints can be important.

4. “Is it okay that I allowed access to my contacts when installing the app?”

Granting permission generally does not authorize harassment or data misuse:

Consent must be informed, specific, and for legitimate purposes.
Using that data to shame or threaten you or others is typically beyond any reasonable consent and may constitute a privacy violation and unfair practice.

VIII. Suggested Structure for Written Complaints

Below is a generic outline you can adapt for any agency (NPC, SEC, BSP, PNP/NBI). Adjust references depending on where you file.

A. Heading

Title: “Complaint Against [Name of App/Company] for Harassment and Unlawful Collection Practices”
Name, address, contact number, email of complainant

B. Parties

Complainant: Your name, age, civil status, address
Respondent: Name of app, company (if known), address/website, contact details

C. Statement of Facts

Loan details
- Date you downloaded the app
- Date and amount of loan, repayment terms, interest/penalties
Harassment incidents
- Date and time of first threatening/harassing calls/messages
- Description of content (“collector threatened me with jail,” “collector sent messages to my boss calling me a scammer,” etc.)
- Names of other persons contacted (family, co-workers, etc.), if known
- Links and screenshots of social media posts, group chats, etc.
Data privacy aspects (if applicable)
- That the app accessed your contacts and used them to send shaming messages
- That the app did not present a clear privacy notice, or you did not consent to such use
Impact on you
- Stress, anxiety, embarrassment
- Problems at work or with family due to the harassment

D. Legal Basis (brief)

Cite relevant laws, for example:
- Data Privacy Act (for NPC complaints)
- SEC / BSP rules against unfair collection
- Civil Code provisions on human relations and privacy
- Relevant penal code provisions for criminal complaints

E. Reliefs Requested

Examples:

Investigate the respondent’s conduct.
Order respondent to cease and desist from harassment and unlawful data processing.
Impose appropriate sanctions and penalties.
Order deletion or proper handling of your personal data.
Recognize your right to claim damages in appropriate proceedings.

F. Attachments

List and attach:

Screenshots
Call logs
Loan contracts / receipts
ID documents if required
Affidavits of witnesses (if any)

IX. Final Reminders

You can complain even if you still owe money. Harassment and privacy violations are not justified by unpaid debt.
Paying off the debt does not erase past violations, though some victims choose settlement for practical reasons.
Be realistic about your finances and avoid resorting to other high-interest, abusive apps to cover an existing loan.
For serious or complex cases, consult a lawyer. Official agencies can also guide you on complaint procedures.

Used properly, the laws and regulations in the Philippines provide several paths to hold abusive online lenders accountable while protecting borrowers’ dignity, privacy, and safety.