In the digital age, Online Lending Applications (OLAs) have become a quick source of credit for many Filipinos. However, this convenience often comes with a dark side: unfair debt collection practices. From relentless text blasts to "contact list shaming," these tactics are not just unethical—they are illegal.

If you are being harassed, here is a comprehensive guide to the legal framework and the steps you can take to fight back.

1. The Legal Framework: What Laws Protect You?

Several Philippine laws and circulars specifically prohibit harassment and the unauthorized use of personal data by lenders:

SEC Memorandum Circular No. 18 (Series of 2019): This is the primary regulation governing debt collection. It explicitly prohibits "unfair debt collection practices," such as using threats, profanity, or contacting people in a borrower's contact list who are not co-makers or guarantors.
Republic Act No. 10173 (Data Privacy Act of 2012): Most OLA harassment involves the unauthorized access of your phone’s contacts. Under the DPA, processing personal information without consent or for purposes other than what was agreed upon is a criminal offense.
Republic Act No. 10175 (Cybercrime Prevention Act of 2012): If the lender uses social media to shame you or sends threatening messages via digital platforms, they may be liable for Cyber Libel or Unjust Vexation.
Revised Penal Code: Acts of grave threats or oral defamation can be prosecuted under the RPC.

2. What Qualifies as "Harassment"?

The Securities and Exchange Commission (SEC) identifies the following as prohibited acts:

Threats of Violence: Any threat to use physical force or cause harm to the person, reputation, or property of the borrower.
Profanity and Insults: Use of obscene or profane language to insult the borrower or their family.
Contact List Shaming: Contacting people in the borrower's phone directory (friends, family, employers) to inform them of the debt, unless they are designated as co-makers.
Disclosure of Debt: Publicizing the borrower's name as a "delinquent" or "scammer" on social media.
Deceptive Representation: Claiming to be a lawyer, a court official, or a police officer to intimidate the borrower.
Unreasonable Hours: Contacting the borrower between 10:00 PM and 6:00 AM, unless the borrower gave prior consent.

3. Step-by-Step Guide to Filing a Complaint

If you are a victim of these practices, do not just delete the messages. Follow these steps to build your case:

Step 1: Document Everything

Screenshots: Take clear screenshots of all harassing texts, emails, or social media posts. Ensure the sender's number or account name is visible.
Call Logs: Keep a record of the frequency and timing of calls.
Proof of Payment: If you have already paid or are trying to negotiate, keep those receipts and records.

Step 2: File with the SEC (Securities and Exchange Commission)

The SEC regulates lending companies. You can file a formal complaint through their Corporate Governance and Finance Department (CGFD).

Action: Visit the SEC Website and look for the "Complaints" section or email cgfd_enforcement@sec.gov.ph.
Requirement: You will need to fill out a Complaint Form and attach your evidence.

Step 3: File with the NPC (National Privacy Commission)

If the lender accessed your contacts without permission or shared your data with third parties to shame you:

Action: File a complaint for violation of the Data Privacy Act.
Website: https://www.privacy.gov.ph
Note: The NPC has the power to order the shutdown of apps found violating privacy laws.

Step 4: Report to the PNP-ACG or NBI-CCD

For criminal acts like cyber libel, threats, or identity theft:

PNP Anti-Cybercrime Group (ACG): Visit their office at Camp Crame or report via their website.
NBI Cybercrime Division (CCD): You can file a formal affidavit of complaint at the NBI headquarters.

4. Summary Table: Where to Go?

Issue	Agency to Contact
Harassment, Threats, Unfair Collection	SEC (Corporate Governance & Finance Dept.)
Data Privacy Breach (Contact list access)	National Privacy Commission (NPC)
Cyber Libel, Scams, Grave Threats	PNP-ACG or NBI Cybercrime Division
Violation of Consumer Rights	Department of Trade and Industry (DTI)

5. Important Advice for Borrowers

Check the SEC Registry: Before borrowing, always check if the OLA is registered. A "Certificate of Incorporation" is not enough; they must have a Certificate of Authority (CA) to operate as a lending or financing company.

Do not be intimidated. Debt is a civil obligation, not a criminal one. In the Philippines, no one can be imprisoned for non-payment of debt (unless it involves Estafa or Bouncing Checks). Harassment, however, is a crime that can lead to the revocation of the lender's license and even jail time for the perpetrators.

Would you like me to help you draft a formal demand letter to the lender or a complaint affidavit for the SEC?