The proliferation of Online Lending Applications (OLAs) has led to a surge in predatory lending practices, harassment, and data privacy violations. Under Philippine law, victims of "loan sharks" or abusive OLAs have several legal avenues for redress. This article outlines the regulatory framework and the specific steps required to file formal complaints against these entities.

I. Governing Laws and Regulatory Bodies

Online lending is not an unregulated "Wild West." Several laws and government agencies oversee these operations:

Republic Act No. 9474 (Lending Company Regulation Act of 2007): Requires all lending companies to be registered with the SEC.
Republic Act No. 10173 (Data Privacy Act of 2012): Protects borrowers against the unauthorized use of their contact lists and personal data.
SEC Memorandum Circular No. 18 (Series of 2019): Prohibits unfair debt collection practices, including harassment, threats, and shaming.
The Revised Penal Code: Covers crimes such as Grave Coercion, Threats, and Libel.

II. Identifying the Violation

Common illegal acts committed by rogue OLAs include:

Debt Shaming: Contacting persons in the borrower's phone directory without consent.
Harassment/Threats: Using profane language or threatening physical harm or legal action that is not legally grounded.
Lack of Registration: Operating without a Certificate of Authority (CA) from the SEC.
Truth in Lending Violations: Failing to disclose the full cost of the loan (interest, hidden fees, penalties) before the transaction.

III. The Filing Process: Where to Go

Depending on the nature of the violation, victims should approach the following agencies:

1. Securities and Exchange Commission (SEC)

The SEC is the primary regulator of lending companies.

Scope: Unregistered lenders, unfair debt collection practices, and violations of the Lending Company Regulation Act.
Process: File a formal complaint through the SEC Corporate Governance and Finance Department (CGFD). You can email cgfd_enforcement@sec.gov.ph or use the SEC’s online complaint portal.
Required Info: Full name of the OLA, their SEC Registration Number (if any), and copies of the loan contract.

2. National Privacy Commission (NPC)

If the OLA accessed your contacts, posted your photos on social media, or shared your personal information to shame you.

Scope: Violations of the Data Privacy Act.
Process: Complaints can be filed via the NPC’s official website or by emailing complaints@privacy.gov.ph.
Requirement: You must first send a Letter of Concern to the OLA’s Data Protection Officer (DPO) before the NPC will take the case, unless the threat is imminent.

3. National Bureau of Investigation (NBI) or PNP-Cybercrime Group

If the OLA is engaging in cyber-libel, threats, or estafa.

Scope: Criminal acts under the Cybercrime Prevention Act.
Process: Visit the NBI Cybercrime Division or the PNP Anti-Cybercrime Group (ACG) at Camp Crame. They handle the "take-down" of fraudulent apps and the prosecution of the individuals behind them.

IV. Evidence Gathering

To ensure a successful complaint, documentation is critical. Secure the following:

Screenshots: Capture the abusive messages, the OLA’s interface, and the loan terms.
Call Logs: Record the frequency and timing of harassing calls.
Proof of Payment: Keep receipts or digital confirmations of all payments made.
Contact List Proof: Evidence that the OLA contacted people not listed as character references.

V. Steps to Protect Yourself Immediately

While the legal process unfolds, borrowers are advised to:

Report the App: Use the "Report" function on the Google Play Store or Apple App Store to flag the application for "Harassment" or "Illegal Content."
Adjust Privacy Settings: Set social media profiles to private to prevent lenders from harvesting your photos or friend lists.
Ignore/Block: Once a formal complaint is filed, cease direct communication with the harassers and refer them to your legal counsel or the investigating agency.

VI. Summary of Action

Violation	Agency to Contact
No SEC Registration	SEC
Harassment / Shaming	SEC & NBI
Data Privacy Breach	NPC
Threats / Coercion	PNP-ACG / NBI