Filing an SEC Complaint for Online Lending App Harassment in the Philippines

A practical legal guide for borrowers, HR officers, and counsel

1) Executive summary

If a Philippine online lending app (OLA) or its collectors harass you—by threatening you, shaming you on social media, spamming your contacts, calling your office, or using profane or demeaning language—you can seek redress from the Securities and Exchange Commission (SEC). The SEC regulates lending companies and financing companies (including those that use mobile apps and websites). It can investigate, impose fines, suspend or revoke a company’s Certificate of Authority, and order corrective measures. You may also have parallel remedies with the National Privacy Commission (NPC) for data privacy violations and with law enforcement for criminal acts (e.g., threats, extortion, defamation).

2) Legal foundations & who regulates what

Lending Company Regulation Act (R.A. 9474) and Financing Company Act (R.A. 8556): Require SEC registration and a Certificate of Authority (CA) before a company may engage in lending/financing. These laws apply even if the lending occurs via mobile apps or websites.
Unfair debt-collection rules (SEC Memorandum Circulars): The SEC has issued detailed rules prohibiting abusive collection practices by lending and financing companies and those acting for them (e.g., third-party collectors, “brand” apps). These typically prohibit shaming, threats, profane language, contacting persons other than the borrower except in narrow circumstances, and other unfair practices.
Financial Products and Services Consumer Protection Act (R.A. 11765): Strengthens the SEC’s supervisory and enforcement powers, including the ability to investigate, issue cease-and-desist orders, and penalize unfair or abusive practices by SEC-regulated entities.
Data Privacy Act (R.A. 10173) and NPC issuances: Using your phone’s contacts to shame or pressure you, excessive data collection, or disclosure of your debt without a lawful basis can be unlawful processing or unauthorized disclosure.
Revised Penal Code & special laws: Depending on the conduct, collectors may commit grave threats, light threats, libel, unjust vexation, stalking (under safe-spaces laws when gender-based), or extortion. These can be reported to the PNP/NBI cybercrime units.

Key point: The SEC handles the business conduct and licensing of lending/financing companies and can penalize unfair collection. The NPC handles privacy abuses (e.g., scraping your contacts, mass-texting your relatives). Police/NBI handle criminal threats or defamation. You can—and often should—pursue more than one track.

3) What counts as “harassment” or unfair collection

While phrasing varies across circulars, the following are widely considered prohibited for SEC-regulated lenders/collectors:

Public shaming: Posting about your debt on social media; mass-messaging your contacts, employer, or clients; sending edited photos; doxxing.
Threats & intimidation: Threats of violence, arrest, immigration holds, or fabricated lawsuits; repeated calls at odd hours; stalking.
Profane or demeaning language: Insults, slurs, obscenities, name-calling.
Contacting third parties: Reaching out to your contacts/employer to pressure payment (beyond very narrow location/identity verification exceptions that are seldom met by apps).
False representations: Posing as lawyers, court officers, or law-enforcement; using fake “warrants,” “subpoenas,” “civil arrest orders,” “NBI red notices,” etc.
Unfair data practices: Forcing intrusive permissions; scraping contact lists; refusing data deletion after loan closure; retaining excessive data.
Excessive collection frequency: Bombarding calls/messages beyond reasonable times or frequency.

4) First steps: preserve evidence

Create an incident log (date/time, numbers used, channel, summary).
Capture screenshots/recordings (where lawful) of messages, caller IDs, voicemails, profiles, group chats, posts, and in-app notices.
Save the app build/version (Settings → App info) and loan documents (T&Cs, disclosures, repayment screen).
Keep proof of payments and your ID used in onboarding.
Get corroboration (HR memo, co-workers’ screenshots).
Export phone logs and keep the SIM serial in case of SIM swaps/spoofing issues.

5) Check the lender’s legal status

A legitimate lender/financer must have SEC company registration and a Certificate of Authority to Operate (CA).
An online lending app name may differ from the corporate name. Many apps are “front-end brands” of a registered entity. Note both names in your complaint.
If unregistered or operating without CA (or using an unapproved OLA/website), that is an independent SEC violation and strengthens your case.

Tip: In your evidence packet, include screenshots of the app’s developer/publisher page, the app store listing, and any in-app “About” or “Privacy” pages.

6) Where—and how—to complain

A) File with the SEC (primary track)

Who to address: The SEC unit that supervises lending/financing companies (and their online platforms). Use the SEC’s complaints intake channels (online portal/email/in-person) and address your affidavit to the appropriate department (commonly the division overseeing lending/financing companies or the enforcement office). If unsure, file through the SEC’s general complaints intake—they will route it internally.

What to submit:

Complaint-Affidavit (see template below) detailing facts, laws violated, and remedies sought.
Annexes: screenshots, call logs, app store listing, loan contract/T&Cs, proof of identity, payment records, HR memos.
Reliefs requested (as applicable):
- Investigation and administrative penalties for unfair collection;
- Order to cease abusive practices;
- Suspension/revocation of CA;
- Delisting / takedown of abusive online lending channels;
- Order to correct or delete unlawfully processed personal data (note parallel NPC filing).

What to expect:

SEC may acknowledge, ask for clarifications, and direct the company to submit an explanation.
The case can proceed to administrative adjudication, with possible fines, suspension, revocation, or cease-and-desist orders.
You may be asked to appear (in person or online) to affirm your affidavit.

B) File with the NPC (parallel privacy track)

Use the NPC complaints process for unlawful processing and disclosure (e.g., scraping contacts, messaging third parties).
Ask for erasure, cease–desist, and penalties for privacy violations. Attach the same evidence set.

C) Report criminal acts (optional but recommended if threats/shaming)

PNP-ACG or NBI-CCD for grave threats, extortion, libel, computer-related offenses, and cyber harassment.
Provide your SEC/NPC reference numbers to show ongoing regulatory actions.

D) Civil remedies / workplace coordination

If reputational or employment harm occurred, consult counsel on civil damages.
HR may issue a no-contact directive to protect the workplace, and can document interference by collectors for use in your complaints.

7) Elements of a strong SEC complaint

Clear theory of the case
- Identify the regulated entity (corporate name and app brand).
- Map each abusive act to specific unfair-collection prohibitions and to the consumer-protection statute.
Authenticity and chain of custody
- Number your annexes; annotate who took the screenshot, when, and from what device.
Linkage to licensing
- State whether the entity lacks a CA, uses an unapproved online platform, or misrepresents its authority.
Specific reliefs
- Spell out the administrative sanctions and corrective actions you seek, including public advisory against the app if warranted.

8) Template: Complaint-Affidavit to the SEC

Title: In re: Unfair Debt-Collection Practices by [Corporate Name, SEC Reg. No./CA if known], operating the “$App Name$” Online Lending Application

Complainant: [Full Name, Address, Contact] Respondents: [Corporate Name] and its officers/agents/collectors; “$App Name$”

Affidavit:

I applied for/obtained a loan from “$App Name$” on [date], operated by [Corporate Name].

Beginning [date], respondents engaged in unfair debt-collection practices, including:

$e.g., mass-messaging my contacts on [dates$; calling my employer; threats of arrest; profane language].

These acts violate SEC rules against unfair collection and R.A. 11765.

Respondents also unlawfully processed and disclosed my personal data by scraping my contact list and broadcasting my alleged debt, in violation of the Data Privacy Act.

The harassment caused $anxiety, reputational harm, workplace disruption$; see Annexes A–K.

Prayer for Relief: A. Investigate and sanction respondents for unfair collection; B. Issue orders to cease harassment and to purge unlawfully collected data; C. Suspend or revoke the Certificate of Authority if warranted; D. Refer allied violations to the NPC and other authorities; E. Grant other just and equitable reliefs.

Verification and Certification of Non-Forum Shopping: $standard language$

Jurat: $to be notarized$

Annex index: A – App listing; B – Contract/T&Cs; C – Payment history; D – Screenshot set (harassing messages); E – Call log export; F – HR memo; G – Identity documents; H – Proof of company identity/CA (if available); I – Device/app version details; J – Timeline log; K – Any police blotter/NPC filing.

9) Special situations & tactics

“But I still owe money.” You can owe a valid debt and still be protected from abusive collection. Harassment is prohibited regardless of delinquency.
Multiple shell apps/brands. Name all brands involved and state you believe they are related (same developer, same contact numbers, shared payment channels).
Third-party collectors. The principal lender remains responsible for agents’ violations.
Workplace harassment. Ask HR to:
- Issue a written directive that all collector calls to the company line be refused and logged;
- Provide a declaration that collectors attempted to contact or shame you at work.
Cease-and-desist demand letter. Before or alongside the SEC filing, you (or counsel) may send a demand to stop harassment and to delete unlawfully processed data. Attach it to your SEC complaint.
Settlement without waiving rights. If you resolve the debt, you can reserve the right to pursue complaints for past harassment. Obtain a paid-in-full letter and data-deletion confirmation.

10) Possible outcomes

Administrative penalties (fines per violation), cease-and-desist, suspension/revocation of CA, blacklisting of abusive OLAs, mandated corrective actions (training, policy changes), and referrals to NPC or prosecutors.
Privacy reliefs from the NPC: orders to erase data, stop processing, and penalties for unlawful disclosure.
Criminal enforcement (case-dependent), civil damages if you sue, and public advisories warning the public about abusive or unlicensed apps.

11) Do’s & Don’ts during and after filing

Do:

Keep communications with the lender in writing when possible.
Block and log numbers; use spam filters; preserve voicemails.
Notify your contacts (briefly) that an app may message them and to ignore/forward any harassment to you.
Update your complaint when new incidents occur; send supplemental affidavits.

Don’t:

Don’t pay under duress to stop harassment without documenting it; if you must, note the payment and reason.
Don’t delete the app/evidence before capturing it.
Don’t engage in heated replies that could be twisted against you.

12) Frequently asked questions

Q: Can I complain if the lender is “unregistered”? Yes. Operating without a Certificate of Authority is itself a ground for SEC action—in addition to harassment.

Q: The app says I consented to contact-list access. Consent under the Data Privacy Act must be informed, freely given, and specific. “Take-it-or-leave-it” blanket permissions and broadcasting to your contacts are highly suspect.

Q: Do I need a lawyer? Not required for SEC/NPC administrative complaints, but counsel helps, especially if parallel criminal or civil actions are considered.

Q: Will filing stop the calls immediately? Not guaranteed. Ask the SEC for interim relief (cease-and-desist) and consider blocking while preserving evidence. Parallel NPC and law-enforcement reports increase pressure.

13) Practical filing checklist (print-ready)

✅ Valid ID, address, contact info
✅ Corporate name and app brand noted
✅ Loan contract/T&Cs and payment records
✅ Evidence packet (screens, logs, recordings) with dates/times
✅ Complaint-Affidavit + Annex list; notarized
✅ Optional: HR memo, witness statements
✅ Parallel filings: NPC privacy complaint; police/NBI report (if threats/shaming)
✅ Short cover letter summarizing: who, what, when, reliefs sought, and urgency

14) Sample cover letter (brief)

Subject: Complaint for Unfair Debt-Collection by $Corporate Name$ operating “$App Name$” Dear Officer, I submit the attached Complaint-Affidavit and Annexes A–K regarding abusive collection by respondents using the “$App Name$” online lending platform. The conduct includes public shaming, threats, and unauthorized disclosure of my personal data. I respectfully request investigation, cease-and-desist, and the imposition of appropriate administrative penalties, including suspension or revocation of the Certificate of Authority if warranted. Sincerely, $Name/Signature$

15) Final notes

Keep all submissions organized, paginated, and indexed.
Expect follow-ups for clarification—respond promptly and keep copies of all correspondence.
Even if you settle the underlying loan, abusive practices remain sanctionable. Consider completing the regulatory process to prevent repeat harm to others.

This article provides general information for the Philippine context and is not a substitute for tailored legal advice. For urgent threats or safety risks, contact law enforcement immediately.