In the Philippines, the rise of Fintech has brought convenience but also a surge in predatory practices. Many borrowers find themselves victims of "debt shaming" or harassment—ranging from relentless text messages to the unauthorized use of their contact lists.

If you are receiving threatening or harassing messages from a lending app, you are protected by law. Here is a comprehensive guide on how to take legal action.

1. Identify the Violation

Harassment by lending apps usually violates specific regulations set by the Securities and Exchange Commission (SEC) and the National Privacy Commission (NPC). Common violations include:

Unfair Debt Collection Practices: Using threats of violence, profane language, or disclosing your debt status to third parties (debt shaming).
Data Privacy Violations: Accessing your phone’s contact list, gallery, or social media accounts without informed consent to harass your acquaintances.
Harassment Frequency: Contacting you at unreasonable hours (e.g., between 10:00 PM and 6:00 AM) unless agreed upon.

2. Gather Essential Evidence

Before filing a formal complaint, you must document every instance of harassment. A "he-said-she-said" scenario is difficult to prove. Collect the following:

Screenshots: Capture the harassing text messages, including the sender's number and the date/time.
Call Logs: Keep a record of the frequency and timing of calls.
Social Media/Emails: Save copies of any public posts or emails that mention your debt or threaten your reputation.
Loan Details: Have your loan agreement, transaction receipts, and the registered name of the lending company ready.

3. Step-by-Step Filing Process

A. File a Complaint with the SEC

The SEC oversees Financing Companies (FCs) and Lending Companies (LCs). Under SEC Memorandum Circular No. 18 (Series of 2019), unfair debt collection practices are strictly prohibited.

Check Registration: Verify if the app is a registered Lending or Financing Company via the SEC website.
Submit the Form: Fill out the SEC Online Complaint Form.
Details Needed: Provide the name of the app, the corporate name of the lender, and your evidence.

B. File a Complaint with the National Privacy Commission (NPC)

If the lender is "contact-tracing" (messaging people in your phone book who are not your co-makers), they are violating the Data Privacy Act of 2012.

Cease and Desist: Ideally, send a formal email to the lending app’s Data Protection Officer (DPO) demanding they stop using your data.
File with NPC: If they persist, go to the NPC Complaints Page and file a formal complaint for unauthorized processing of personal information.

C. Report to the PNP Anti-Cybercrime Group (PNP-ACG)

If the messages involve threats of death, physical injury, or "sextortion," this becomes a criminal matter under the Cybercrime Prevention Act of 2012.

Visit the nearest PNP-ACG station or their office at Camp Crame.
Present your digital evidence for forensic validation.

4. Relevant Laws and Regulations

Familiarizing yourself with these can strengthen your demand letters or complaints:

Regulation	Key Protection
SEC MC No. 18, s. 2019	Prohibits harassment, threats, and unfair collection tactics.
R.A. 10173 (Data Privacy Act)	Protects your personal information and contact lists from misuse.
R.A. 10175 (Cybercrime Law)	Penalizes online libel, threats, and computer-related identity theft.

Important Tips for Victims

Do Not Delete: Even if the messages are distressing, do not delete them. They are your primary evidence.
Check the "Terms": Many apps sneak "access to contacts" into the fine print. While you may have clicked "Allow," the NPC has ruled that such broad access is often "excessive" and illegal.
Contact Your Service Provider: You can report the specific numbers to your mobile carrier (Globe/Smart) to have them flagged for spam.

Note: Filing a complaint does not extinguish your legal obligation to pay a legitimate debt. However, it does stop the illegal methods used to collect it.

Would you like me to draft a formal Demand Letter to the lending app’s Data Protection Officer to demand they stop harassing your contacts?