The rise of Financial Technology (FinTech) in the Philippines has led to the proliferation of Online Lending Platforms (OLPs). While these apps provide quick access to credit, many engage in predatory practices, including unauthorized access to mobile phone contacts, "debt shaming," and the use of threats or profanity. These actions violate Philippine laws on privacy, consumer protection, and fair debt collection.

1. Legal Framework and Grounds for Complaint

Several laws and regulations govern the behavior of OLPs and their third-party collection agencies:

SEC Memorandum Circular No. 18 (Series of 2019): Prohibits "Unfair Debt Collection Practices," including the use of insults, threats of violence, or contacting people in the borrower’s contact list who are not co-makers or guarantors.
Republic Act No. 10173 (Data Privacy Act of 2012): Protects personal information. It is illegal for an app to use your contact list to harass your friends, family, or colleagues.
Republic Act No. 10870 (Philippine Credit Card Industry Regulation Law): While focused on credit cards, its principles regarding fair collection often inform general lending standards.
Revised Penal Code & Cybercrime Prevention Act (R.A. 10175): Covers acts of Grave Threats, Light Threats, and Libel/Cyber Libel (debt shaming).

2. Documenting the Evidence

Before filing a formal complaint, you must compile a robust evidence folder. Regulatory bodies require proof of the alleged harassment or illegal collection.

Screenshots: Capture all threatening SMS messages, emails, or social media posts/comments. Ensure the sender’s number or profile is visible.
Call Logs and Recordings: Record the date, time, and duration of harassing calls. If possible, record the audio (note: inform the caller they are being recorded to comply with the Anti-Wiretapping Law).
App Permissions: Take screenshots of the app’s permissions (e.g., access to contacts, gallery) if you believe they are exceeding what is necessary.
Loan Records: Keep copies of the loan agreement, disclosure statements (which should show interest rates and fees), and proof of any payments made.

3. Where to File: The Regulatory Bodies

Depending on the nature of the violation, you may need to file with different agencies.

A. Securities and Exchange Commission (SEC)

The SEC regulates the operations of lending companies. If an OLP is not registered or is using "Unfair Debt Collection Practices," the SEC is the primary authority.

Action: File a formal complaint with the Corporate Governance and Finance Department (CGFD).
Process: You may use the SEC’s online complaint portal or email cgfd_olp@sec.gov.ph.

B. National Privacy Commission (NPC)

If the lending app accessed your contacts without consent or "shamed" you by contacting people in your phonebook, this is a Data Privacy violation.

Action: File a "Complaints for Violations of the Data Privacy Act."
Process: Visit the NPC website to download the complaint form. You must usually show that you attempted to resolve the issue with the company’s Data Protection Officer (DPO) first, unless the threat is imminent.

C. Bangko Sentral ng Pilipinas (BSP)

If the lending app is operated by a bank or a BSP-supervised financial institution.

Action: Reach out to the BSP Consumer Protection and Market Conduct Office.
Process: Use the BSP Online Buddy (BOB) chatbot on their website or Facebook page.

D. Philippine National Police (PNP) Anti-Cybercrime Group

If the harassment involves death threats, extortion, or the unauthorized posting of your photos on social media.

Action: File a criminal complaint for Cyber Libel or Grave Threats.
Location: Camp Crame, Quezon City, or regional Anti-Cybercrime units.

4. Step-by-Step Procedure for Filing

Draft a Demand Letter: (Optional but recommended) Send a formal email to the lending app’s customer service demanding they cease the harassment and citing SEC MC No. 18.
Prepare a Formal Affidavit: For the SEC or NPC, you will likely need a Complaint Affidavit. This is a sworn statement detailing the facts of the case (who, what, when, where).
Submit the Complaint: Attach your evidence (Annexes) to your affidavit and submit it to the relevant agency’s portal or office.
Mediation/Adjudication: The agency may call for a mediation conference between you and the lending company. If no settlement is reached, the agency will deliberate and issue a resolution or penalty against the app.

5. Prohibited Acts to Watch For

Under SEC MC 18, the following are strictly prohibited:

The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
The use of threats to take any action that cannot legally be taken.
The use of profanity, insults, or obscene language.
Disclosure of the borrower's name or other personal information to the public.
Contacting the borrower at unreasonable hours (before 6:00 AM or after 10:00 PM), unless the debt is past due for more than 15 days.
Contacting people in the borrower’s contact list who were not named as guarantors or co-makers.