In the Philippines, the rise of Financial Technology (FinTech) has led to an increase in predatory lending practices. Many Online Lending Apps (OLAs) employ "shaming" tactics, unauthorized access to contact lists, and persistent harassment to compel repayment. Victims have legal recourse through several government agencies.

1. Regulatory Framework and Violations

Harassing behaviors by OLAs generally violate specific Philippine laws and circulars issued by the Securities and Exchange Commission (SEC) and the National Privacy Commission (NPC).

Common Violations:

SEC Memorandum Circular No. 18 (Series of 2019): Prohibits unfair debt collection practices, including the use of insults, profane language, and disclosure of the borrower's debt to third parties (contacts).
Data Privacy Act of 2012 (RA 10173): Unauthorized processing of personal data, such as accessing phone directories or posting photos of borrowers on social media.
Cybercrime Prevention Act of 2012 (RA 10175): Can be applicable in cases of online libel or identity theft.

2. Where to File a Complaint

Depending on the nature of the harassment, complaints should be directed to the following authorities:

Securities and Exchange Commission (SEC)

The SEC oversees the licensing of lending companies. If an OLA is registered but uses abusive collection methods, or if it is unregistered, the SEC’s Corporate Governance and Finance Department (CGFD) handles these cases.

Action: File a formal complaint for violation of MC No. 18.
Email: cgfd_enforcement@sec.gov.ph

National Privacy Commission (NPC)

If the OLA accessed your contact list without consent or contacted people in your phone book to shame you, this is a data privacy violation.

Action: File a "Statement of Complaint" regarding unauthorized data processing.
Website: https://www.privacy.gov.ph/complaints-main/

Bangko Sentral ng Pilipinas (BSP)

If the lending entity is a bank-affiliated digital platform or a specialized financial institution under BSP supervision.

Email: consumeraffairs@bsp.gov.ph

PNP Anti-Cybercrime Group (PNP-ACG) or NBI

For cases involving grave threats, identity theft, or severe online harassment.

Action: Visit the nearest regional office or report via their official social media/hotlines.

3. Evidence Collection

To ensure a successful complaint, you must document every instance of harassment:

Screenshots: Capture text messages, emails, and social media posts containing threats or shaming.
Call Logs: Keep a record of the frequency and timing of harassing calls.
Proof of Identity: Know the name of the OLA and, if possible, the specific collection agency they are using.
Loan Documents: Keep copies of the disclosure statement and terms of service.

4. Step-by-Step Filing Process

Cease Communication: Do not engage with the harassers further once you have collected evidence.
Verify Registration: Check the SEC website to see if the OLA is a registered Lending or Financing Company.
Draft the Complaint: Use the official templates provided on the NPC or SEC websites. Be specific about the dates, times, and the exact nature of the harassment.
Submit and Follow Up: Send the complaint via the designated portals or emails and keep the reference number for tracking.

5. Important Legal Notes

Debt is Civil, Harassment is Criminal/Administrative: While you may still owe the principal amount, a debt does not give a lender the right to violate your privacy or human dignity.
Cease and Desist Orders: The SEC regularly issues orders to shut down unregistered or abusive OLAs. Checking the SEC "List of Revoked and Suspended Certificates of Registration" can confirm if the entity is already under sanction.