Filing Complaints Against Online Lending Harassment and Unfair Collection Practices in the Philippines

This article explains your rights, the laws that protect you, which government office handles what, and practical steps—with ready-to-use templates—for stopping harassment by online lenders and their collection agents in the Philippines. It is general information, not legal advice.

1) What counts as harassment or “unfair collection practices”?

Online lending platforms (OLPs) and third-party collectors cross the line when they, among others:

Threaten, shame, or intimidate you (e.g., “We will have you arrested,” “We’ll post your face online”).
Contact your family, friends, employer, or phone contacts to disclose or pressure payment when they are not co-makers/guarantors.
Use profane or abusive language; call excessively (rapid redial, midnight calls), or send alarming images/memes.
Publicly post your information (group chats, social media “shaming”).
Access or scrape your contacts, photos, or other phone data without a valid, specific, and freely-given consent.
Misrepresent legal consequences (e.g., “Non-payment is a criminal offense,” “NBI is on the way”) or fabricate court papers.
Apply usurious or unconscionable fees and opaque charges, refuse to itemize your account, or alter due dates arbitrarily.

2) Legal framework (Philippine context)

Financial Consumer Protection Act (FCPA), R.A. 11765 (2022). Empowers financial regulators (BSP, SEC, Insurance Commission, CDA) to set and enforce market conduct standards, adjudicate complaints, order restitution, and penalize unfair, abusive, or fraudulent acts and practices by financial service providers and their agents.
Securities and Exchange Commission (SEC) rules for Lending/Financing Companies. SEC has issued memoranda prohibiting unfair debt collection practices by lending/financing companies and OLPs, including harassment, public shaming, and contacting persons in a borrower’s contact list who are not authorized contacts, co-makers, or guarantors.
Data Privacy Act of 2012 (R.A. 10173) and IRR. Outlaws unauthorized processing and excessive data collection (e.g., scraping your phonebook), unlawful disclosure (messaging your contacts about your debt), and breaches of security. The National Privacy Commission (NPC) can investigate and issue compliance orders, including cease-and-desist directives.
Cybercrime Prevention Act (R.A. 10175). Online libel, computer-related threats, and unlawful access/use of devices or data may be actionable when harassment is carried out through digital means.
Revised Penal Code (RPC). Depending on the behavior: grave/other threats, grave coercion, slander/libel, unjust vexation, falsification (e.g., fake court documents), extortion may apply.
Civil Code & jurisprudence. You may sue for damages for abuse of rights, torts, privacy violations, or unconscionable interest/penalties; courts can reduce iniquitous liquidated damages and void unconscionable stipulations. Interests and fees must be expressly agreed in writing and still subject to fairness.

Important: Non-payment of a pure loan/debt is not a crime. Collectors cannot have you arrested without a lawful court process. Threats of arrest over civil debt are improper.

3) Who regulates what? (Know your venue)

SEC – Lending Companies (LCs), Financing Companies (FCs), and online lending apps that extend credit directly to consumers.
BSP – Banks, credit card issuers, e-money issuers, and their third-party collectors.
Insurance Commission (IC) – If the “loan” is tied to an insurance/HMO plan or sold by an insurer’s channel.
CDA – Cooperatives that lend to their members.
NPC – Any entity (bank, lender, app, collector) that misuses personal data (contact scraping, doxxing, unlawful disclosure).
PNP-ACG / NBI-CCD / Prosecutor – Criminal aspects (threats, libel, extortion, fake court papers, cyber offenses).
Courts – Civil suits for damages/injunction and to contest unconscionable interest/fees.

If the “lender” is unregistered or the app looks dubious, you can simultaneously: (a) complain to the SEC for illegal lending activity and unfair collection, (b) report data privacy abuses to the NPC, and (c) file criminal reports for threats/coercion with PNP-ACG/NBI.

4) Build your case: evidence checklist

Collect and keep (screenshots/exports are ideal):

Loan documents (screenshots of the app’s terms, consent screens, privacy policy; contract/Disclosure Statement).
Account statements (amount borrowed, net cash received, dates, charges/penalties, payments).
Harassing content:
- SMS, chat logs, voice messages (exported), call logs showing frequency/time, caller IDs.
- Social media posts or group-chat messages (capture the URL, group name, participants, date/time).
- Sample threats/shaming images and the sender’s handles.
Proof of disclosure to contacts: messages sent to your relatives/friends (obtain their screenshots and short statements).
Your notices to the lender/collector (emails/chats demanding they stop unlawful collection or contact only you in writing).
Proof of identity (ID), timeline of events, and computation of disputed charges.

5) Where and how to file complaints (step-by-step)

You can file in more than one venue when different laws are implicated. Below are practical, regulator-specific playbooks.

A. SEC (for LCs/FCs/OLPs)

Grounds: Unfair collection (harassment, shaming, contacting non-authorized third parties), operating without registration/authority, misleading representations.

What to file:

Sworn Complaint or Affidavit narrating the facts, identifying the company/app, and specifying unfair acts.
Evidence bundle (see checklist).
IDs and your contact details.

Remedies SEC may issue: Show-cause orders, cease-and-desist orders vs. the company/app, fines/penalties, and referral to law enforcement; coordination with app stores to delist abusive OLPs.

Tips:

Name both the company and any third-party collection agency involved.
If the app is not in its legal name, describe branding, developer name, website, and in-app screenshots that tie it to a registered entity.

B. NPC (for privacy/data abuses)

Grounds: Contact scraping without valid consent, disclosure of your debt to contacts/employer, posting your personal data, overbroad permissions, retention beyond necessity.

Prerequisite (usually): Good-faith attempt to resolve with the company’s Data Protection Officer (DPO) (keep proof). In urgent cases of ongoing harm, request a cease-and-desist even while attempting contact.

What to file:

Complaint Statement detailing data privacy violations and harms.
Copies of privacy policy/consent screens and actual data flows (e.g., screenshots of permission prompts).
Evidence of unlawful disclosure to third parties.
Your relief requested (e.g., stop contacting my contacts; delete unlawfully obtained data; sanction entity).

Possible outcomes: Compliance orders, directives to stop processing, data deletion orders, administrative fines, and referrals for prosecution.

C. BSP Consumer Assistance (for banks/EMIs/credit cards)

Sequence: (1) Complain to the bank/EMI first via its official complaint channel. (2) If unresolved or abusive practices persist, escalate to BSP.

Grounds: Unfair collection by the bank or its third-party collector; failure to give clear statements; confusing or deceptive fee practices; failure to act on your dispute.

What to file:

Initial complaint and the bank’s response (if any).
Evidence of harassment and your request to limit communications to reasonable channels/hours.
Your desired remedy (stop harassment; correct charges; reasonable repayment plan).

Likely results: Direction to the bank to correct practices, restitution for wrongful fees/charges, sanctions, and supervisory action.

D. PNP-ACG / NBI-CCD / Prosecutor (criminal issues)

Grounds: Grave threats, grave coercion, libel/slander, extortion, falsification (fake summons/warrants), computer-related offenses.

What to bring: Your Affidavit-Complaint with evidence (screenshots, call recordings if lawfully made, witnesses). Identify the real persons if possible (names, numbers, social accounts) and the corporate entity behind them.

Outcomes: Investigation, inquest/filing of cases, preservation/forensic requests, possible arrest upon issuance of warrants in due course.

E. Civil action (damages/injunction)

If the harassment caused pecuniary loss, mental anguish, reputational harm, or you need a court order to stop ongoing shaming, consult counsel to file:

Complaint for Damages (abuse of rights, privacy torts, defamation, data privacy violations).
Application for Injunction/TRO to restrain further unlawful collection/shaming.
Small Claims (for money claims under the current threshold) if the disputed amount is modest and you want a swift process.

6) If you actually owe the debt (your rights remain)

You are entitled to dignified, professional collection; insist on written communications via your email/postal address.
Ask for a Statement of Account with itemized computation of principal, interest, penalties, and fees; request an amortization schedule.
You can dispute unauthorized, opaque, or unconscionable fees/penalties and ask regulators to reduce/void them.
You can propose a repayment plan proportionate to your income; regulators favor workable, transparent solutions and against harassment.

7) Identity theft or loans you didn’t take

Freeze or disable the account in the app; change credentials.
File a police blotter/NBI report and prepare an Affidavit of Identity Theft.
Notify the lender’s DPO and dispute the account in writing; demand internal investigation and data review.
Preserve your device for potential forensics (don’t factory-reset yet).
Consider a fraud alert with affected institutions (banks/e-wallets).

8) Practical playbook (quick checklist)

Stop the bleeding: Revoke app permissions (Contacts, SMS, Storage, Phone), change passwords, enable 2FA.
Preserve evidence: Export chats/SMS/call logs; save full-screen captures with time/URL; keep originals.
Send a “Stop Unlawful Collection” notice (template below).
Escalate to the correct regulator(s) (SEC/BSP/NPC) and to PNP-ACG/NBI for threats.
Tell your contacts briefly that your data was misused; ask them to screenshot any messages they receive.
Plan repayment or dispute (request itemized SOA; propose terms; challenge abusive charges).
Follow through—track reference numbers and deadlines; keep a case log.

9) Frequently asked questions

Q: Can collectors message my employer or family? Only if they are co-makers/guarantors or you gave specific, freely-given consent for that exact purpose. Blanket phone-contact access is not valid consent for public shaming.

Q: Can I be jailed for unpaid online loans? No. Non-payment of a civil debt is not a crime. Jail threats are harassment unless there’s an actual criminal case for a separate offense (e.g., fraud).

Q: Is recording calls legal? Philippine law generally prohibits recording private communications without consent. If you plan to record calls, seek legal advice. You may still document call logs, voicemails, and written messages.

Q: They sent a “court warrant” by text. Is that real? Arrest/search warrants never arrive by text/DM and are issued only by courts. Fake “warrants/summons” are red flags—report as falsification/extortion.

Q: Can I demand deletion of my contacts they scraped? Yes. Under the Data Privacy Act, you may demand erasure of unlawfully obtained data and cessation of processing.

10) Templates you can adapt (copy-paste and fill in)

10.1 Cease-and-Desist / Fair-Collection Demand (to lender/collector)

Subject: Demand to Cease Unlawful Collection Practices and Unlawful Processing/Disclosure of Personal Data

I am [Your Name], borrower under account [Account/App Reference]. Your agents have engaged in unfair collection practices, including [briefly list: threats, contacting my contacts, shaming posts, etc.], and unlawful processing/disclosure of personal data.

Under the Financial Consumer Protection Act, SEC/BSP rules on fair collection, and the Data Privacy Act, I demand that you:

Cease all harassment and third-party contacts;

Communicate only in writing to [email/postal address] during reasonable hours;

Delete all personal data unlawfully obtained (including my phone contacts) and confirm in writing;

Provide an itemized Statement of Account (principal, interest, penalties, fees) and basis under our contract.

If the conduct continues, I will file complaints with the SEC/NPC/BSP and PNP-ACG/NBI, and pursue civil/criminal remedies.

[Your Name | Address | ID No. | Date]

10.2 SEC Complaint (unfair collection by OLP/LC/FC)

Complainant: [Name, Address, Contact] Respondent: [Legal name of lender/collector; brand/app names] Nature of Complaint: Unfair debt collection practices; possible illegal/unauthorized lending; misrepresentation. Facts: – On [date], I obtained a loan via [app]. – Beginning [dates], the respondent/its agents committed: [specific acts]. – They messaged [names/relations], disclosed my debt, and threatened [arrest/shaming/etc.]. – I demanded cessation on [date], but the acts continued. Evidence: [Attach screenshots, call logs, SOA, consent screens, list of contacted persons]. Relief Sought: Investigation; cease-and-desist; penalties; delisting of abusive app; directive to adopt proper collection practices; referral to law enforcement as appropriate. Verification and Certification: [Sworn statement before notary/e-oath if required].

10.3 NPC Complaint (privacy violations)

Complainant: [Name, Address, Contact, ID] Respondent (PIC/PIP): [Company/App; DPO if known] Acts Complained of: Unauthorized collection of my phone contacts; disclosure of my alleged debt to non-authorized third parties; online shaming; lack of lawful basis/valid consent; failure to respect data subject rights. Facts & Timeline: [Concise chronology with dates]. Harm/Risk: Distress, reputational harm, workplace consequences, security risks. Prior Steps: I notified the company/DPO on [date]; no adequate action. Relief Sought: Cease-and-desist; deletion of unlawfully collected data; sanctions; directive to adopt compliant practices; copy of investigation report. Attachments: Evidence bundle; privacy policy/consent screenshots; list of affected third parties.

10.4 BSP Escalation (banks/EMIs/credit cards)

Complainant: [Name, Address, Contact] Financial Service Provider: [Bank/EMI; account/card no.] Issue: Unfair collection practices by the bank/its third-party collector; lack of clear SOA; disputed fees. Steps Taken: Complaint lodged with the bank on [date]; response inadequate. Relief Sought: Order to cease harassment; communicate only in writing within reasonable hours; correct/waive unauthorized or unconscionable fees; provide transparent SOA; implement proper market conduct controls over collectors. Evidence: Screenshots/call logs; bank’s responses; SOA.

10.5 Police/NBI Affidavit-Complaint (threats, libel, extortion)

Affiant: [Name, age, address, ID] Respondents: [Names/handles/numbers if known] Allegations: On [dates], respondents sent [threatening/defamatory/extortionary] messages via [platforms], including [quotes/attachments], demanding payment under threat of [arrest/shaming/etc.]; one message included [fake warrant/court paper]. Offenses: Grave threats/coercion; libel; falsification; cybercrime offenses. Attachments: Evidence bundle (Annexes A–…).

11) Common mistakes to avoid

Paying just to stop harassment without fixing the root issues (they may return).
Deleting chats/posts without saving copies.
Admitting to criminality (there is none in mere non-payment). Keep communications factual and calm.
Signing new waivers/permissions that broaden data access.
Relying on verbal promises—always ask for written confirmation.

12) Quick self-help scripts (one-liners you can send)

“Please communicate only in writing to [email]. Calls to my relatives/employer are unauthorized and violate fair-collection and data-privacy rules.”
“Kindly provide an itemized Statement of Account showing principal, interest, penalties, fees, and contractual basis for each charge.”
“Delete any phone-contact data obtained from my device and confirm in writing. Continued processing/disclosure will be reported to the NPC.”
“Your threats of arrest over a civil debt are improper. Further harassment will be elevated to SEC/BSP and PNP-ACG/NBI.”

13) Final reminders

Use multiple venues when appropriate: SEC/BSP/IC/CDA for market conduct, NPC for data abuses, and law enforcement for threats/coercion.
Keep a timeline log (date, action, who contacted whom, reference numbers).
Your goal is two-fold: stop the harassment and correct the account (or prove identity theft), not just to “pay and pray.”

Need this tailored to your exact situation?

Share the app’s name, the type of lender (bank vs. OLP), what was said/sent to you or your contacts (screenshots), and your loan timeline—I can adapt the templates and the filing strategy to fit your case.