Executive summary
If you borrowed from an online lending app (OLA) (e.g., “Digido”-type services) and are being harassed for payment, you have rights under Philippine law. A lender or its collectors cannot threaten, shame, or expose your data. You may stop abusive contact, revoke data consents, and complain to regulators and law-enforcement while arranging a lawful, written repayment you can sustain.
Core idea: Debt is a civil obligation, but harassment, doxxing, defamation, illegal data processing, and threats are punishable and can get a lender/collector shut down or criminally liable.
Legal framework (what protects you)
Securities and Exchange Commission (SEC) rules on unfair debt collection for lending and financing companies (including OLAs). These prohibit: threats, profane/obscene language, repeated or unreasonable calls, public shaming, contacting people in your phonebook/employer, false representations (e.g., pretending to be a lawyer/cop), posting about your debt on social media, and similar tactics.
Financial Products and Services Consumer Protection Act (FCPA) (and its IRR): Requires fair treatment, disclosures, proper complaints handling, and allows the SEC (for lending/financing companies) to impose administrative sanctions, restitution, and cease-and-desist orders.
Data Privacy Act (DPA): Bars lenders/collectors from processing, disclosing, or harvesting your contacts/photos/messages without a lawful basis and beyond stated purposes. “Contact-list scraping” and nonconsensual disclosure to your relatives/employer are typically unlawful. The National Privacy Commission (NPC) can penalize violators and order erasure.
Revised Penal Code & Special Laws:
- Grave threats/coercion, extortion, unjust vexation, slander/libel/cyber-libel (if they defame you online), identity theft/illegal access under the Cybercrime Law, and anti-wiretapping violations (if calls are recorded unlawfully).
- Using government logos, fake “subpoenas,” or claiming “warrant of arrest” for a pure debt is false and punishable.
Consumer laws & telecom rules: The NTC and telcos can act on spam/scam SMS, SIM misuse, and number spoofing.
What counts as harassment (red flags)
- Threats of arrest, jail, “blotter,” deportation (for a civil debt)
- Posting/sharing your selfies, ID, debt details in group chats/FB/TikTok
- Calling or texting your phone contacts, your HR/boss, or neighbors
- Repeated calls (e.g., dozens per day), late-night calls, insults, slurs
- Posing as a lawyer/police/“court” or issuing fake “legal notices”
- Demanding usurious interest/fees or forcing auto-debit/remote phone control
- Refusing to identify the company and agent full name/ID when asked
Any of the above is actionable even if you truly owe money.
Your rights, at a glance
- To be treated fairly and contacted only in lawful, reasonable ways.
- To revoke data processing consents not required by law/contract and demand erasure of harvested contacts.
- To demand written validation of the debt (principal, interest, fees, basis).
- To channel all communications in writing (email/post) and restrict calls.
- To repay in sustainable, written terms—no forced immediate lump sums.
- To complain to SEC/NPC/PNP-ACG/NBI and seek damages in civil court.
Immediate step-by-step playbook
1) Secure evidence (Day 0)
- Screenshots of messages, call logs (with timestamps), social media posts, group chats.
- Audio (if lawful to record in your jurisdiction; avoid violating anti-wiretapping).
- Copies of app permissions, loan agreement, e-mails, e-receipts, IDs submitted.
2) Freeze the abuse (Day 0–1)
Send two notices (email + in-app help + any official address):
- Cease & Desist (Harassment) Notice — demands collectors stop illegal tactics; instruct them to use email only; requires them to identify themselves and provide debt particulars.
- Data Privacy Withdrawal/Erasure Notice — revokes consent to access contacts/media; demands erasure of unlawfully collected data; prohibits third-party disclosure.
(Templates provided below.)
3) Validate the account (Day 1–3)
Ask for:
- Statement of account (principal vs. interest/fees/penalties).
- Computation method and regulatory basis for charges.
- Authority of any third-party collector (written agency/assignment).
Collectors must identify their company and use real names/IDs.
4) Put your terms in writing (Day 3–10)
If the debt is valid but unaffordable: propose restructured terms (smaller installments, fee waivers, realistic dates). Require written acceptance and pay only through official channels (no personal e-wallets). Keep receipts.
5) File complaints if abuse persists (any time)
- SEC (for lending/financing/OLAs) — unfair collection, unlicensed activity, misleading ads.
- NPC — unauthorized contact scraping, doxxing, disclosure to contacts/employer.
- PNP Anti-Cybercrime Group / NBI Cybercrime — threats, cyber-libel, doxxing, identity theft, illegal access, extortion.
- Barangay/RTC — for protection, conciliation, or civil damages (if needed).
- Telco/NTC — spam/scam numbers, number spoofing.
Tip: File to both SEC and NPC when there is harassment + data abuse.
Handling specific tactics
“We’ll have you arrested today”
For a pure loan, arrest is not a lawful remedy. Document the threat and include it in criminal (grave threats/coercion) and SEC complaints.
“We messaged your boss/parents/GC”
Disclosure to third parties is generally prohibited. This strengthens your NPC case and your claim for moral/exemplary damages.
“Pay now or we post your nude/ID”
This is extortion; if nudes are threatened, Anti-Photo/Video Voyeurism and cybercrime may apply. Treat as a criminal matter immediately.
“Legal Dept./Atty. ___/Court”
Demand the IBP Roll No./MCLE compliance and law office address if they claim to be counsel. Report fake lawyers and attach the screenshots.
“We’ll blacklist your SIM/bank/employment”
Baseless. Keep as evidence. Blacklisting threats are misrepresentations.
Payment, interest, and fees (keeping it lawful)
- Validate the computation; challenge junk fees and usurious-like add-ons.
- Ask for amnesty/waiver of penalties tied to abusive conduct or system downtime.
- Use official payment rails; avoid direct transfers to personal accounts.
- Keep a ledger of all payments and acknowledgments.
Where and how to complain (quick guide)
SEC (lending/financing/OLA abuse)
- Grounds: unfair collection, harassment, false threats, unlicensed lending, misrepresentation.
- What to attach: screenshots, audio (if lawful), call logs, loan agreement, IDs, your Cease-and-Desist and Data Privacy notices with proof of sending.
NPC (data privacy violations)
- Grounds: scraping contacts, disclosing debt to third parties, posting your data, processing beyond stated purposes, failure to honor consent withdrawal and erasure.
- Attach: app permissions, privacy policy copy, screenshots of third-party messages/posts, your revocation/erasure letter and proof of sending.
PNP-ACG / NBI-CCD (criminal)
- Grounds: grave threats/coercion, cyber-libel/doxxing, extortion, identity theft, illegal access.
- Bring: full evidence set; ask for inquest or further investigation guidance.
Telco/NTC
- For spam/scam use of numbers; request blocking and furnish evidence.
Evidence checklist
- Complete message threads (no cropping if possible)
- Call logs and missed call counts per day
- Social media URLs and screen captures
- Loan contract and in-app screenshots (T&Cs, permissions)
- Names/numbers used by agents; self-identification failures
- Copies of all notices you sent and proof of delivery/read
Protecting your devices & data
- Revoke app permissions (Contacts/Storage/Camera/Mic/Location).
- Change passwords and enable 2FA on email/e-wallets.
- Uninstall abusive apps after you’ve exported evidence.
- Use a separate email and virtual number for future financial apps.
If the debt is disputed
- State the dispute in writing (identity theft, wrong computation, double-debit, paid already).
- Demand investigation and suspension of collection pending resolution.
- Avoid admitting liability while facts are unresolved.
Civil actions you may consider
- Damages (actual, moral, exemplary; attorney’s fees) for torts/defamation/privacy breaches.
- Injunction to restrain further harassment/doxxing.
- Small Claims (for money disputes within the jurisdictional limit) if there’s an overcharge or unlawful deduction.
Frequently asked questions
Can they contact my employer or references? Not to pressure or disclose debt. That’s generally prohibited and is evidence for SEC/NPC.
Can they keep calling 20–50 times a day? Excessive/repetitive calls and late-night calling are unfair collection practices.
What if I signed consent to access contacts? Consent must be freely given, informed, specific, and is revocable. It does not authorize public shaming or disclosure beyond legitimate, proportionate purposes.
Will nonpayment send me to jail? A private loan is a civil matter. Fraud, bounced checks, or criminal threats/acts are different, but simple nonpayment is not imprisonment-worthy.
Should I pay while complaining? If the debt is valid and you can afford to, negotiate and pay through official channels under written terms, while pursuing sanctions for the harassment.
Practical scripts & templates
A) Cease & Desist (Harassment) Notice
Subject: CEASE & DESIST – Unfair Collection and Harassment
To: [Lender/Collector Name]
I am the borrower on Account No. [____]. Your agents have engaged in prohibited collection practices, including [threats/public shaming/excessive calls/contacting third parties].
Effective immediately:
1) Cease all harassment and unfair practices.
2) Communicate only via email at [your email].
3) Identify your agent by full name, company, and return address in every message.
4) Provide a written Statement of Account (principal, interest, fees, basis).
Further violations will be reported to the SEC, NPC, and law-enforcement, and I reserve all rights to claim damages.
[Full Name]
[Date]
B) Data Privacy Consent Withdrawal & Erasure Demand
Subject: DATA PRIVACY – Consent Withdrawal, Access Restriction, and Erasure
To: [Lender/Collector Name / Data Protection Officer]
I withdraw any consent to access, process, or retain my device contacts, photos, messages, and other personal data not strictly necessary to maintain my account. You are prohibited from disclosing my personal data to third parties (including my employer, relatives, or contacts) for collection purposes.
Demand: (a) Erase any harvested contact lists or images, (b) confirm within a reasonable time what data you hold, legal basis, recipients, and retention, and (c) restrict processing to lawful, proportionate purposes.
Unlawful disclosure or processing will be reported to the NPC and other authorities.
[Full Name]
[Date]
C) Restructuring Proposal (if you intend to pay)
Subject: REQUEST FOR REPAYMENT ARRANGEMENT
To: [Lender]
Please provide a detailed Statement of Account. I propose to settle the obligation via [weekly/monthly] installments of ₱[amount], starting [date], with waiver of [penalties/fees] arising from [system downtime/unfair charges]. Confirm in writing and provide official payment channels.
[Full Name]
[Date]
One-page action plan (pin this)
- Collect evidence and secure your device (permissions off).
- Send Cease-and-Desist + Data Privacy notices (keep proof).
- Validate the debt; negotiate written terms you can meet.
- Complain to SEC (unfair collection), NPC (data privacy), and PNP-ACG/NBI (threats/doxxing).
- If needed, file for damages/injunction; keep paying only via official channels under written terms.
Final note
This article gives a Philippine-specific legal overview to help you respond decisively to OLA collection harassment. Facts matter: keep everything in writing, document every incident, and escalate to regulators if the abuse continues.