How to File and Follow Up SEC Complaints Against Online Lending Apps (Philippine Context)

This is general information, not legal advice. If you’re facing threats or urgent harm, contact law enforcement immediately.

1) Why the SEC—and when it has jurisdiction

The Securities and Exchange Commission (SEC) regulates lending companies and financing companies (including those operating through online lending apps or web platforms). Its powers include investigating violations, issuing Show-Cause Orders and Cease-and-Desist Orders (CDOs), imposing fines, and suspending or revoking a firm’s Certificate of Authority (CA) to operate.

File with the SEC when your concern involves any of the following (non-exhaustive):

Operating without SEC registration and/or without a valid Certificate of Authority to engage in lending or financing.
Illegal or abusive debt collection practices (e.g., harassment, shaming, threats of harm, contacting your employer/family to coerce payment).
Misrepresentation of fees, loan amounts, repayment terms, or “zero interest” claims that hide charges.
Operating unapproved online lending platforms or using deceptive app identities to evade prior sanctions.
Unfair contract terms and lack of clear, prior disclosure of costs (e.g., hidden “processing fees,” forced add-ons).
Unauthorized use or sharing of personal data harvested from your device/contacts through the app.

Related avenues you may pursue in parallel:

National Privacy Commission (NPC) — for data privacy violations (e.g., scraping/using your contacts, doxxing).

NBI Cybercrime Division / PNP-ACG — for threats, extortion, defamation, identity theft.

DTI — for false advertising or deceptive sales tactics against general consumers.

Courts (Small Claims) — for money disputes, unlawful charges, or damages.

2) Evidence you should gather before filing

Create a secure folder (cloud + offline backup) and do not alter original files.

Your details: full name, government ID, contact info.
App identity: exact app name as shown on your device store, developer/publisher listed there, website links, pages/screens for “About,” “Privacy,” or “Terms.”
Corporate identity (if shown): company name on the app/site, SEC Registration No., Certificate of Authority No. (if any).
Loan records: e-mail/SMS confirmations, in-app ledgers, screenshots of loan amount, fees, due dates, and payment receipts.
Collection communications: SMS, chat, call recordings (if lawful), voicemail, e-mails. Include timestamps, phone numbers, usernames.
Harassment/doxxing: screenshots of messages to your contacts, group posts, or profile pages used to shame you.
Device permissions: screenshots showing the app requested access to contacts, photos, location, call logs, etc.
Timeline: a dated sequence (e.g., “July 2—applied; July 3—funds disbursed; July 6—collector threatened…”).

Tip: Export screenshots to PDF with page numbers and a table of contents. Name files clearly (e.g., Exhibit C-1 – SMS threat 2025-09-05 14:33.png).

3) How to check if the lender is authorized (without tools)

Look for the company name and “Certificate of Authority No.” in the app, on its website, or in its e-mails/SMS.
If nothing is disclosed, note that fact in your complaint—lack of disclosure itself is a red flag.

4) Where and how to file an SEC complaint

You may file with the SEC Enforcement and Investor Protection Department (EIPD) or at any SEC Extension/Regional Office, by online submission, e-mail, postal mail, or personal filing (availability may vary). Provide complete contact details so the SEC can reach you.

A. Core contents of your complaint

Complainant’s details: name, address, phone, e-mail, government ID (attach a copy, redact sensitive numbers except last four digits).
Respondent’s details: app name, developer/company, addresses (if known), phone numbers used, social media handles, website.
Nature of violation(s): concise list (e.g., “Unlicensed lending,” “Harassment,” “False fees,” “Unauthorized access to contacts”).
Statement of facts: chronological narrative with dates and references to Exhibits.
Relief sought (what you want SEC to do): investigate, issue a CDO, impose penalties, refer to NPC/NBI as appropriate, require deletion of illegally obtained data, etc.
Annexes/Exhibits: labeled, paginated evidence.
Verification & Undertaking: a signed Verification and Certification against forum shopping (notarial requirements may apply for sworn statements).

B. Practical filing formats

Sworn Complaint-Affidavit (ideal): a detailed, signed, and notarized statement attaching your evidence.
Supplemental Affidavits from witnesses (e.g., co-workers who received harassment messages).
Data map: a one-page index listing each exhibit, description, and where it’s referenced in your affidavit.

If you fear retaliation, ask the receiving office about redaction or withholding certain personal information in public orders, consistent with privacy rules.

5) What happens after filing (typical flow)

Docketing & Initial Review The SEC assigns a reference number and screens for jurisdiction and completeness.
Preliminary Actions
- Show-Cause Order to the app/operator to explain alleged violations.
- Clarificatory requests to you for additional documents or identification.
Interim Measures Where warranted, the SEC may issue Advisories or a Cease-and-Desist Order (CDO) to stop unlawful operations even while investigation is ongoing.
Investigation & Evaluation Review of corporate records, digital footprints, prior cases, and your evidence. Coordination with NPC, NBI/PNP, or app stores may occur.
Disposition Possible outcomes include fines, suspension/revocation of a Certificate of Authority, permanent cease-and-desist, referral for criminal prosecution, or closure of affiliated platforms. You may receive copies/notices of key actions.

Timelines vary. Help the process by replying promptly to SEC requests and keeping your contact info updated.

6) Following up effectively

Track your reference number. Quote it in all follow-ups.
Send concise updates if new harassment or evidence emerges (attach as “Supplemental Evidence,” labeled and dated).
Confirm delivery for postal/e-mail submissions and keep proofs.
Escalate appropriately: If you filed at a regional office and receive no acknowledgment after reasonable time, send a polite status request to the EIPD with your file details.

What to ask in a follow-up:

Status of evaluation and whether a Show-Cause or CDO has been issued.
Whether the operator has a valid Certificate of Authority on record.
If your case was endorsed to NPC or law enforcement, and if you need to file directly there as well.

7) Parallel and supporting remedies

A. National Privacy Commission (NPC)

File a complaint if the app accessed/used your contacts, sent messages to third parties, or mishandled your personal data.
Ask for orders requiring erasure of unlawfully collected data and refraining from further processing.

B. Law enforcement (NBI-ACG / PNP-ACG)

Report threats, extortion, identity theft, and cyber harassment.
Provide the same evidence pack; preserve original message headers and device logs.

C. Small Claims / Civil actions

If you suffered monetary loss (e.g., unlawful fees) or need a declaratory ruling on amounts owed, consider Small Claims (no lawyer required up to the current monetary threshold). Attach your SEC/NPC filings as background.

D. Employer/School coordination

If collectors harass your workplace/school, ask the institution to preserve evidence and issue a cease-contact notice to the numbers/handles involved.

8) Common issues—and how to frame them in your complaint

Unlicensed lending: “Respondent operates a lending app but cannot show an SEC Certificate of Authority; its app and SMS solicit loans nationwide.”
Harassment & shaming: “Respondent sent messages to my contacts threatening to post my photos; attached Exhibits B-1 to B-6 show timestamps and sender numbers.”
Deceptive pricing: “Advertised ‘0% interest’ but deducted 30% ‘processing fee’ upfront; the effective rate far exceeds disclosed terms.”
Data overreach: “App required access to contacts and photos, which is not necessary for loan servicing and used them to coerce payment.”

9) Drafting toolkit (ready-to-use templates)

A. Complaint-Affidavit (outline)

Title/Cause: “Complaint for Violations of Lending/Financing Regulations and Abusive Collection Practices”
Parties: Your full details; Respondent app/company details
Jurisdiction: Brief statement that SEC regulates lending/financing companies and online platforms
Facts: Chronological narrative (bulleted by date)
Violations: Enumerated list tied to facts
Prayer: Investigation, CDO, fines, revocation, referral to NPC/NBI, data deletion, and other relief
Verification & Certification against Forum Shopping
Annexes: Exhibits with index

B. Exhibit Index (sample)

Exhibit	Description	Date/Time	Notes
A-1	App store listing (screenshots)	2025-09-15	Shows developer name
B-2	SMS threat from +63 9XX XXX XXXX	2025-09-20 14:33	Mentions contacting my HR
C-3	Loan ledger & deductions	2025-09-12	Indicates undisclosed fee

C. Cease-Contact Notice (to collectors)

“Please cease all communications to my employer, colleagues, and family. All collection communications must be directed only to me at [your number/e-mail]. Harassing or public-shaming tactics violate consumer protection and privacy laws. Further contact to third parties will be documented and reported.”

10) Personal safety & digital hygiene

Revoke app permissions (contacts, storage, call logs).
Change passwords on e-mail and messaging apps if you shared OTPs or credentials.
Inform trusted contacts not to respond to messages about your debts.
Use a separate number/e-mail for future financial applications.
Do not pay under duress solely to stop harassment; document first, then decide in light of lawful obligations and fees actually due.

11) Frequently asked practical questions

Q: Can I refuse to let a lending app access my contacts? A: Yes. Access to contacts is not necessary to evaluate or service a loan. Denying access is not a lawful ground to shame or harass you or your contacts.

Q: I already repaid, but they keep collecting. What do I do? A: Include proof of payment and a reconciliation request in your complaint. Ask the SEC to require the operator to correct records and halt further collection.

Q: The app changed names. Is it the same company? A: Many operators use multiple app identities. Capture developer names, privacy policies, and bank disbursement details to link the entities in your evidence.

Q: Will the SEC get my money back? A: The SEC primarily enforces regulatory compliance and can sanction/close operators. Refunds or damages may require civil action or mediation; still, an SEC finding significantly strengthens your case.

12) Checklist (printable)

Identity documents ready (with redactions).
Full evidence pack (screenshots, logs, receipts) labeled and dated.
Complaint-Affidavit (verified; notarized if required).
Clear Prayer and Relief requested.
Parallel filings to NPC (privacy) and NBI/PNP (threats), if applicable.
Reference number recorded; calendar reminders for follow-ups.
Safety steps: permissions revoked, contacts informed.

13) Bottom line

The SEC can shut down abusive or unlicensed online lenders and penalize misconduct.
Strong cases hinge on clear facts, organized exhibits, and prompt follow-ups.
For harassment and privacy intrusions, combine your SEC complaint with NPC and law-enforcement actions to stop abusive behavior fast.

If you’d like, say the word and I’ll draft a filled-in Complaint-Affidavit and Exhibit Index using your facts.