In the Philippines, the rise of Online Lending Applications (OLAs) has been accompanied by a surge in reports regarding "debt shaming" and various forms of harassment. These practices are not only unethical but are often illegal under existing Philippine laws and regulations. If you are a victim of OLA harassment, this guide outlines your legal rights and the specific steps you can take to hold these entities accountable.
I. Understanding Prohibited Acts
The Securities and Exchange Commission (SEC) and the National Privacy Commission (NPC) have strictly prohibited certain collection practices. Harassment generally falls under the following categories:
- Debt Shaming: Posting a borrower’s name, photo, or debt details on social media or in public forums.
- Unauthorized Contact: Messaging or calling contacts in the borrower’s phone directory without express consent.
- Threats and Intimidation: Using profane language, threatening physical harm, or making false claims of impending legal action (e.g., "the police are coming to your house").
- Privacy Violations: Accessing a borrower's gallery, contacts, or location data for the purpose of harassment.
- Time Restrictions: Contacting borrowers at unreasonable hours (typically between 10:00 PM and 6:00 AM), unless agreed upon.
II. Relevant Legal Framework
Several laws and circulars protect borrowers from abusive practices:
- SEC Memorandum Circular No. 18 (Series of 2019): Specifically prohibits unfair debt collection practices by financing and lending companies.
- Republic Act No. 10173 (Data Privacy Act of 2012): Protects the personal information of borrowers and penalizes the unauthorized processing or malicious disclosure of such data.
- Revised Penal Code & Cybercrime Prevention Act (RA 10175): Acts of harassment can constitute Grave or Light Coercion, Unjust Vexation, or Cyber Libel.
- Truth in Lending Act (RA 3765): Requires full disclosure of interest rates and fees; many predatory OLAs violate this by hiding "service fees."
III. Step-by-Step Filing Process
Before filing, document everything. Take screenshots of threatening texts, record calls (if possible), and save links to social media posts where you were shamed.
1. File a Complaint with the SEC
The Securities and Exchange Commission is the primary regulator of lending companies.
- Procedure: Visit the SEC website and use the Online Complaint Form or email the Corporate Governance and Finance Department (CGFD) at
cgfd_oic@sec.gov.ph. - Requirement: Ensure the OLA is registered. If they are unregistered, they are operating illegally, which adds weight to your case.
2. File a Complaint with the National Privacy Commission (NPC)
If the OLA contacted your friends/family or accessed your phone data without permission:
- Procedure: Use the NPC’s online complaints portal.
- Basis: Violation of the Data Privacy Act. The NPC has the power to order the shutdown of apps that habitually violate privacy.
3. Report to the PNP Anti-Cybercrime Group (PNP-ACG)
If you are receiving death threats or are a victim of cyber libel:
- Procedure: Go to the nearest PNP-ACG district office or file a report through their official website/hotline.
- Action: They can assist in tracking the digital footprint of the harassers.
4. Google Play Store / Apple App Store Report
- Report the app for "Malicious Behavior" or "Harassment" to get it flagged or removed from the platform.
IV. Summary of Red Flags
To avoid further victimization, be wary of OLAs that:
- Request access to your entire contact list or social media account.
- Do not provide a physical office address or a Certificate of Authority (CA) number.
- Deduct massive "service fees" upfront (e.g., borrowing ₱5,000 but receiving only ₱3,200).
V. Table of Government Agencies for Recourse
| Agency | Primary Concern | Contact Method |
|---|---|---|
| SEC | Unfair Debt Collection & Illegal Lending | cgfd_oic@sec.gov.ph |
| NPC | Data Privacy Violations & Debt Shaming | complaints@privacy.gov.ph |
| PNP-ACG | Cyber Threats, Libel, & Coercion | acg.pnp.gov.ph |
| DTI | Consumer Rights & Fair Trade | consumercare@dti.gov.ph |