The rise of Financial Technology (FinTech) in the Philippines has made credit more accessible, but it has also led to a surge in predatory practices. Many Online Lending Apps (OLAs) employ "shaming" tactics, unauthorized access to contact lists, and aggressive harassment to coerce repayment.

Under Philippine law, these actions are not just unethical—they are illegal. If you are a victim of unfair debt collection practices, here is a comprehensive guide on your legal rights and the steps you can take.

1. What Constitutes Harassment and Unfair Collection?

The Securities and Exchange Commission (SEC), through Memorandum Circular No. 18 (Series of 2019), explicitly prohibits unfair debt collection practices. Prohibited acts include:

Threats of Violence: Using or threatening to use physical force or other criminal means to harm a person, their reputation, or their property.
Profanity and Insults: Using obscene or profane language to humiliate the borrower.
Disclosure of Personal Information: Publicizing the names of borrowers who allegedly refuse to pay (e.g., "social media shaming").
Contacting People in Your Phonebook: Contacting people in the borrower’s contact list who are not co-makers or guarantors.
False Representation: Falsely claiming to be a lawyer, a court representative, or a government official to intimidate the borrower.
Contacting at Unreasonable Hours: Making calls or sending messages between 10:00 PM and 6:00 AM, unless the debt is more than 30 days past due or the borrower has given express consent.

2. Relevant Laws and Regulations

Several laws protect Filipino borrowers from OLA harassment:

R.A. 10173 (Data Privacy Act of 2012): Protects your personal data. OLAs accessing your contact list without valid consent or using it to harass others is a major violation.
R.A. 10175 (Cybercrime Prevention Act of 2012): Covers online libel, identity theft, and unjust vexation committed through the internet.
SEC MC No. 18, Series of 2019: The primary regulation governing the conduct of lending and financing companies.
Revised Penal Code: Includes provisions against Threats (Art. 282), Coercion (Art. 286), and Unjust Vexation (Art. 287).

3. Step-by-Step Process for Filing a Complaint

Step A: Document Everything

Before filing a formal complaint, gather evidence. This is the most crucial step.

Save screenshots of all threatening text messages and emails.
Record phone calls (inform the caller you are recording if possible).
Take screenshots of social media posts shaming you.
Keep a log of the dates and times of the harassment.

Step B: File a Complaint with the SEC

The SEC oversees lending companies. If the OLA is registered (or even if it is not), the SEC is the primary agency to approach.

Visit the SEC website and look for the Corporate Governance and Finance Department (CGFD).
Fill out the Complaint Form against lending/financing companies.
Submit your evidence to cgfd_enforcement@sec.gov.ph.

Step C: File a Complaint with the National Privacy Commission (NPC)

If the OLA accessed your contacts or posted your personal information online, file a data privacy complaint.

Submit a formal complaint via the NPC’s online portal or email complaints@privacy.gov.ph.
Focus on the "Unauthorized Processing" and "Malicious Disclosure" of your personal data.

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

For threats of violence, death threats, or severe cyber-libel, go to the police:

Philippine National Police - Anti-Cybercrime Group (PNP-ACG)
National Bureau of Investigation - Cybercrime Division (NBI-CCD)

Step E: BSP Consumer Protection

If the OLA is operated by a bank or a BSP-supervised financial institution, you can lodge a complaint through the Bangko Sentral ng Pilipinas (BSP) Consumer Assistance Mechanism.

4. Summary of Where to File

Issue	Agency to Contact
Harassment, Unfair Collection, No License	Securities and Exchange Commission (SEC)
Data Breach, Contact List Access, Shaming	National Privacy Commission (NPC)
Death Threats, Cyber-libel, Extortion	PNP Anti-Cybercrime Group / NBI
Interest Rates, Bank-owned Lending Apps	Bangko Sentral ng Pilipinas (BSP)

5. Important Legal Defense: The "Inability to Pay"

In the Philippines, no one can be imprisoned for non-payment of debt (Art. III, Sec. 20, 1987 Constitution). While the OLA can file a civil case for "Sum of Money," they cannot use the police to arrest you for simply being unable to pay a loan. Harassment and shaming are criminal acts; being unable to pay a debt is a civil matter.

Conclusion

Victims of OLA harassment often feel isolated, but the law is on your side. By documenting the abuse and reporting it to the SEC and NPC, you not only protect yourself but also contribute to the shutdown of predatory entities. Do not be intimidated by illegal threats; exercise your rights under the Data Privacy Act and the SEC regulations.