I. Introduction

Online lending apps (OLAs) have made it easy for Filipinos to access short-term credit. Unfortunately, many unregulated or abusive apps use harsh, humiliating, or threatening collection tactics—including calling or texting friends and family, posting on social media, or sending death threats and shaming messages.

These practices are not just “normal collection”—they can violate several Philippine laws and regulations. This article explains, in Philippine context:

What constitutes harassment by online lending apps
The laws that apply
The government agencies you can complain to
Step-by-step how to prepare and file complaints
Possible remedies and outcomes
Practical tips and FAQs

This is general information only and not a substitute for legal advice. For specific cases, it is always best to consult a Philippine lawyer or the Public Attorney’s Office (PAO).

II. What Harassment by Online Lending Apps Looks Like

Common abusive collection practices include:

Contacting your phone contacts
- Messaging or calling your family, friends, employer, or clients to shame you.
- Group chats created just to spread that you are “delinquent,” “scammer,” or “criminal.”
Threats and intimidation
- Threats of physical harm, arrest, imprisonment, or “police blotter” when there is no real case.
- Threats to post your photos and personal data publicly.
- Posing as lawyers, police, or government officials when they are not.
Public shaming and defamation
- Posting your name, photo, and amount owed on social media.
- Sending edited photos (e.g., with insults) to your contacts.
- Labeling you as “magnanakaw,” “estafador,” “scammer,” etc., to third persons.
Excessive or abusive contact
- Dozens of calls and messages a day, including late at night or early morning.
- Harassing language, insults, sexist remarks, or sexual harassment.
Misuse of your personal data
- Accessing all your contacts, gallery, and files beyond what is necessary.
- Using your ID photos, selfies, and other documents to blackmail or shame you.

Not all demands for payment are illegal. A legitimate lender may remind you of your obligation and discuss payment options. It becomes harassment and potentially criminal/administrative when the methods violate your rights or break specific laws.

III. Legal Framework in the Philippines

Harassment by online lending apps can involve multiple overlapping laws:

1. Constitutional and Civil Code Protections

The Constitution protects the right to privacy and human dignity.
The Civil Code recognizes:
- The abuse of rights doctrine – even if someone has a right (e.g., to collect a debt), they must exercise it in good faith and not in a manner intended to injure another.
- Liability for moral and exemplary damages when rights are violated.
- Protection of a person’s honor, reputation, and privacy.

These principles support civil actions for damages against abusive lenders or collectors.

2. Data Privacy Act of 2012 (Republic Act No. 10173)

The Data Privacy Act (DPA) and its rules are central to cases where an app:

Collects more personal data than necessary (e.g., entire contact list).
Uses your personal data and your contacts’ data without valid consent.
Discloses your personal information to third parties (your contacts, social media) without a lawful basis.
Fails to protect your data from unauthorized access or misuse.

Under the DPA, you may file a complaint with the National Privacy Commission (NPC) against the lending entity for:

Unauthorized processing or sharing of personal data
Violations of your data subject rights
Data breaches and harmful misuse of your information

NPC can issue orders and impose administrative penalties.

3. Securities and Exchange Commission (SEC) and Lending Regulations

Many OLAs are operated by:

Lending companies – regulated under the Lending Company Regulation Act
Financing companies – under the Financing Company Act
Other corporate entities licensed by SEC

The SEC regulates:

Registration of lending/financing companies
Compliance with disclosure and interest/fee rules
Prohibition of unfair or abusive collection practices

The SEC has the power to:

Suspend or revoke a company’s authority to operate
Issue cease and desist orders against abusive online lending operations
Impose administrative sanctions and recommend criminal charges

If the app is not registered or operating illegally, that is an additional ground for action.

4. Bangko Sentral ng Pilipinas (BSP) Rules

If the lender is:

A bank
A BSP-supervised non-bank financial institution
A legit digital bank or e-wallet partner doing lending

then BSP circulars on responsible lending and fair debt collection may also apply. Complaints can be filed with BSP for abusive or unfair collection practices by BSP-regulated entities.

5. Consumer Protection Laws

While OLAs are not typical retail sellers, some general principles of consumer protection (e.g., unfair or unconscionable practices, misleading representations) can be invoked, especially when the loan terms or collection tactics are oppressive.

6. Revised Penal Code (RPC) and Related Criminal Laws

Various acts of harassment may be criminal:

Grave threats (Art. 282) and light threats (Art. 283)
- Threatening harm or unlawful act to force payment.
Grave coercion (Art. 286) and unjust vexation/light coercion (Art. 287)
- Compelling you to do something against your will (e.g., to pay immediately under threat or humiliation) by force, intimidation, or abuse.
- Harassing behavior causing disturbance, annoyance, or humiliation.
Libel (Arts. 353, 355) and slander (oral defamation)
- False or malicious statements that damage your reputation, made public or communicated to third persons (your contacts, social media).
Cyber libel and other cybercrimes – under the Cybercrime Prevention Act (RA 10175)
- When libel, threats, or harassment are committed through online platforms, messages, or posts.
Identity theft and unauthorized access (also under RA 10175)
- If the app or its staff illegally uses your accounts or personal data.
Gender-based online sexual harassment – under the Safe Spaces Act (RA 11313)
- If the messages include sexist, misogynistic, homophobic, or transphobic slurs, or sexual threats.
Other special laws may apply if the harassment involves sexual images, child abuse, or other specific content.

IV. Who You Can Complain To

You can complain to one or several of the following, depending on the situation:

Securities and Exchange Commission (SEC)
- For abusive collection practices by lending/financing companies or corporate entities, especially if app-based.
- For operations of unregistered or illegal online lenders.
National Privacy Commission (NPC)
- For misuse or unauthorized sharing of personal data, especially sending your information and photos to your contacts.
Bangko Sentral ng Pilipinas (BSP)
- If the lender is a bank or BSP-regulated institution engaged in the loan.
Philippine National Police – Anti-Cybercrime Group (PNP-ACG) or NBI Cybercrime Division
- For criminal acts like threats, coercion, extortion, cyber libel, identity theft and other cybercrimes.
Barangay (Katarungang Pambarangay)
- For disputes involving individuals (e.g., specific collectors using personal numbers/accounts), as a preliminary step before filing certain criminal or civil cases in court.
Courts
- For criminal complaints (routed through the prosecutor’s office).
- For civil cases claiming moral and exemplary damages.
- For small claims if the dispute is about the amount owed or improper charges (though this is more about the debt, not the harassment).

V. Legitimate Collection vs Unlawful Harassment

It helps to distinguish what a lender may do from what is abusive or illegal:

A. Generally Acceptable Collection Practices

Calling or messaging you, during reasonable hours, to remind you of your obligation.
Sending formal demand letters to your address or email.
Offering restructuring, extensions, or settlement options.
Charging agreed-upon fees and interests, if they are clearly disclosed and not illegal.

B. Red Flags of Unlawful Harassment

Calling or messaging your contacts who have no legal obligation to pay.
Using insults, degrading terms, or sexual harassment in messages.
Threatening physical harm, arrest, or detention when no case exists.
Pretending to be a lawyer, police officer, or government official when they are not.
Publicly shaming you on social media, group chats, or messaging your workplace.
Threatening to alter your photos, use deepfakes, or expose personal secrets.
Excessive calls and messages causing psychological distress.

These may violate the Data Privacy Act, penal laws, and regulatory rules.

VI. Preparing to File a Harassment Complaint

Before you file complaints, it is crucial to gather and preserve evidence.

1. Document Everything

Screenshots of messages, chats, and social media posts:
- Show the name/number of the sender, date, and time.
- Include the content of the threats/harassment.
Call logs and, if lawful in your situation, audio recordings of calls.
Copies of loan agreements, screenshots of app pages, payment history, and proof of any payments made.
Names and numbers of the persons calling/texting you, if visible.
If your contacts received messages, ask them (if they are willing) for:
- Screenshots or copies of those messages
- A statement or affidavit if necessary later

Keep digital copies (cloud, email to yourself) and, if possible, printed copies as backup.

2. Identify the Entity

Check the app’s name, developer, and company listed on the app store or in the app itself.
Look for their corporate name, address, and email (often found in “About,” “Terms and Conditions,” or privacy policy).
Identify whether they are:
- A lending company or financing company,
- A bank or e-wallet, or
- An apparently unregistered/unknown entity.

This helps you decide where to direct the complaint (SEC, BSP, NPC, etc.).

3. Write a Brief Narrative

Prepare a concise timeline:

When you applied for the loan, amount, and terms.
When the harassment started and how it escalated.
Examples of specific threats and their impact on you (e.g., embarrassment, anxiety, workplace issues).

This narrative is very useful for affidavits and complaint forms.

VII. Filing Complaints: Step by Step

A. Complaint with the Securities and Exchange Commission (SEC)

When appropriate:

The app is operated by a lending/financing company or a corporate entity.
The harassment involves collection practices, not just data privacy.

General steps:

Prepare your written complaint:
- Your full name and contact details.
- Name of the lending app and company (if known).
- Description of the loan and the abusive acts.
- Attach evidence: screenshots, call logs, contracts, IDs.
Submit your complaint via:
- SEC’s official email addresses/online complaint channels, or
- SEC offices (for walk-in submissions), depending on current procedures.
Keep proof of submission:
- Acknowledgment email, reference number, or receiving copy.

Possible outcomes:

SEC may investigate, require the company to explain, or conduct hearings.
SEC may issue show-cause or cease and desist orders, or revoke/suspend licenses.
SEC may also refer matters for criminal prosecution when warranted.

You are not required to have a lawyer just to file a complaint with SEC, although legal assistance can help.

B. Complaint with the National Privacy Commission (NPC)

When appropriate:

The app uses or shares your personal data and your contacts’ data in abusive ways—e.g., messaging your contacts, posting your photo and details.

General steps:

Prepare a data privacy complaint:
- Identify the personal information controller (the company running the app) as best you can.
- Describe how they collected and used your data.
- Explain the violations: e.g., sharing with contacts without your consent, misuse of your photo and contact information.
Attach supporting documents:
- Screenshots of messages sent to you and your contacts.
- Copies of the app’s permissions, privacy policy (if any), and your loan contract.
File with NPC through its accepted channels (online/email/submission, depending on current guidelines).

Possible outcomes:

NPC may mediate, investigate, or require the company to comply with the DPA.
NPC can impose administrative fines and sanctions, require corrective measures, and order cease-and-desist on unlawful data processing.

C. Filing Criminal Complaints (PNP / NBI / Prosecutor’s Office)

When appropriate:

You receive threats, extortion, libelous statements, or coercion via calls, messages, or online posts.
There is clear indication of criminal acts, such as threats of killing, serious physical harm, or posting obscene materials.

General approach:

Go to PNP-ACG (or your local police station) or NBI Cybercrime Division.
Bring:
- Your valid IDs
- Printed and digital evidence
- Your written narrative/timeline
You will likely be asked to execute a sworn statement (affidavit of complaint) describing:
- The parties involved.
- The messages or acts constituting threats, libel, or harassment.
- The impact on you.
The police or NBI may conduct cyber-forensics, attempt to trace the numbers/accounts, and refer the case to the prosecutor’s office for inquest or regular filing.

In the prosecutor’s office:

The prosecutor evaluates whether there is probable cause to file criminal charges in court.
If probable cause exists, an information is filed in court against the responsible individuals.

D. Barangay Complaints

If you know the identity of the particular collector or representative (a natural person) and you live in the same city/municipality, some offenses may require barangay conciliation first (e.g., unjust vexation, some light threats), before going to court.

You may file a complaint (for example, for harassment, threats, or unjust vexation) at your barangay hall, which may lead to:
- Mediation
- Issuance of a barangay protection order (in certain kinds of cases) or
- A certificate to file action if settlement fails

VIII. Civil Remedies: Suing for Damages

Apart from administrative and criminal complaints, you may file a civil case for damages based on:

Abuse of rights under the Civil Code
Violation of privacy, honor, and reputation
Emotional distress, humiliation, and mental anguish

You can claim moral damages, exemplary damages, and attorney’s fees, if proper.

However, civil litigation can be time-consuming and costly. Many victims use administrative and criminal cases first to stop the harassment and push the lender to reform or settle.

IX. Practical Tips for Borrowers Facing Harassment

Do not panic; secure your safety first.
- If there are threats of physical harm, take them seriously. Inform family, and consider reporting immediately to police.
Preserve evidence; do not simply block and delete.
- You may eventually block the numbers, but first screenshot and save all relevant messages.
Reduce their access to your data.
- Review your phone’s app permissions and revoke unnecessary access (contacts, photos, files) when possible.
- If needed and feasible, change important passwords and secure your accounts.
Do not be forced into unfair payments under duress.
- Even if you truly owe money, harassment is not allowed. You can continue to pay or negotiate while still filing complaints about abusive behavior.
Communicate in writing when possible.
- Written exchanges (email, chat) create a clearer paper trail than phone calls.
Consider getting legal help.
- For indigent clients, the Public Attorney’s Office (PAO) may assist in some cases.
- Local legal aid groups and law school legal clinics may also help with documentation and case assessment.

X. Frequently Asked Questions (FAQs)

1. I really did borrow and I am late. Can I still complain about harassment? Yes. Your debt does not give the lender the right to harass, threaten, or publicly shame you. Collection must still comply with the law. You may pay or negotiate the debt while also filing complaints about illegal collection practices.

2. Can I file complaints even if I don’t know the true company behind the app? Yes. Start with whatever information you have: app name, phone numbers, screenshots, and any corporate info in the app store or app pages. Government agencies (SEC, NPC, law enforcement) may help trace the entity using their powers and coordination with other agencies.

3. What if they message my employer and clients? Messaging your employer and clients with accusations, threats, or shaming can amount to defamation, unjust vexation, and privacy violations. Encourage your employer/clients to document and, if willing, attest to what they received. This strengthens your complaints.

4. Will filing a complaint stop the harassment immediately? Not necessarily immediately, but formal complaints:

Put the lender on notice that you are asserting your rights.
Allow regulators and law enforcers to take action.
Can lead to sanctions or closure of abusive operations.

In some cases, once a lender realizes the borrower is asserting legal remedies, the harassment decreases or stops.

5. Is it possible to remain anonymous? Most formal legal and administrative complaints require your identity because you are the complainant. However, regulators usually have rules on confidentiality of records. For safety concerns, discuss with the agency or lawyer whether certain details can be treated confidentially.

6. Can they really have me arrested just because I’m late in paying? A simple failure to pay a debt is generally not a criminal offense by itself. It is usually a civil matter, unless there is fraud or another specific criminal act (e.g., issuing bouncing checks, estafa under certain circumstances). Threats of immediate arrest solely for delayed payment by a private lender are commonly empty scare tactics and can themselves be unlawful.

XI. Final Notes

Harassment by online lending apps is not just a personal problem—it is a legal and regulatory issue that the Philippine government has increasingly tried to address through enforcement and policy. As a borrower:

You have the right to be treated with dignity and respect, even if you owe money.
You have the right to privacy and protection from misuse of your personal data.
You can use multiple avenues (SEC, NPC, BSP, PNP/NBI, barangay, courts) to assert your rights.

If you are experiencing harassment, start by documenting everything and consider consulting a lawyer or legal aid organization to tailor the strategy to your specific situation.