The proliferation of Online Lending Applications (OLAs) has brought convenience to many, but it has also opened the door to predatory practices and outright scams. Many Filipinos find themselves trapped in a cycle of debt, compounded by illegal collection practices, harassment, and data privacy violations.

If you are a victim of an online lending scam, it is crucial to understand your rights and the specific legal avenues available for reporting and filing complaints.

1. Identifying Illegal Acts

Online lending scams typically involve one or more of the following violations:

Lack of SEC Registration: Operating without a Certificate of Authority (CA) from the Securities and Exchange Commission.
Truth in Lending Act Violations: Failure to disclose the full cost of the loan (interest rates, fees, penalties) before the transaction is consummated.
Data Privacy Violations: Accessing phone contacts, photos, and social media accounts without proper consent, or using that data to shame the borrower.
Harassment and Unfair Collection Practices: Using threats, profanity, or "debt-shaming" (contacting people in your contact list to inform them of your debt).

2. Primary Regulatory Agencies for Complaints

Securities and Exchange Commission (SEC)

The SEC is the primary regulator of lending and financing companies. If an OLA is unregistered or engaging in unfair collection practices, the SEC is the first point of contact.

Action: Verify if the lending company is listed on the SEC’s "List of Licensed Lending Companies."
Filing: Submit a formal complaint to the SEC Enforcement and Investor Protection Department (EIPD). You can email epd@sec.gov.ph or use their online complaint portals.

National Privacy Commission (NPC)

If the lender has accessed your contact list without permission or is broadcasting your personal information to others to shame you, they are in violation of the Data Privacy Act of 2012.

Action: Document screenshots of the app permissions and any messages sent to your contacts.
Filing: File a complaint with the NPC Complaints and Investigation Division via complaints@privacy.gov.ph.

Bangko Sentral ng Pilipinas (BSP)

While the BSP primarily regulates banks, it also oversees certain financial institutions. If the lending entity is a bank-affiliated OLA, the BSP’s Consumer Protection and Market Conduct Office can intervene.

Filing: Use the BSP Online Buddy (BOB) on their website or message their official Facebook page.

3. Reporting Criminal Conduct (Cybercrime)

If the harassment involves death threats, grave coercion, or identity theft, it becomes a criminal matter handled by law enforcement.

PNP Anti-Cybercrime Group (PNP-ACG)

The PNP-ACG handles crimes committed through the use of information and communications technologies.

Action: Visit the nearest PNP-ACG district office.
Contact: You can report via their website or their "E-Sumbong" platforms.

NBI Cybercrime Division (NBI-CCD)

The National Bureau of Investigation also has a dedicated unit for cyber-related offenses.

Action: You can file a formal complaint at the NBI office in Taj Building, Manila, or through their regional offices.

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

Preserve Evidence: Do not delete the app or messages immediately. Take clear screenshots of:

The loan agreement and terms.
The harassment messages or call logs.
Proof of payments made.
Social media posts or messages sent to your contacts.

Cease Communication: Once you have documented the evidence, avoid engaging further with the harassers to prevent further psychological distress.
Check Registration: Use the SEC website to confirm if the entity is a "Registered Lending Company" or a "Registered Financing Company."
Draft a Sworn Statement: Clearly outline the timeline of events, the specific threats or violations, and the names/handles used by the lenders.
Submit to Multiple Agencies: Do not limit yourself to one. File with the SEC for licensing issues, the NPC for privacy issues, and the PNP/NBI for criminal harassment.

5. Relevant Laws for Reference

Republic Act No. 3765 (Truth in Lending Act): Requires full disclosure of loan costs.
Republic Act No. 9474 (Lending Company Regulation Act of 2007): Governs the establishment and operation of lending companies.
Republic Act No. 10173 (Data Privacy Act of 2012): Protects personal information from unauthorized processing.
Republic Act No. 10175 (Cybercrime Prevention Act of 2012): Penalizes illegal access, data interference, and computer-related identity theft.
SEC Memorandum Circular No. 18 (Series of 2019): Specifically prohibits unfair debt collection practices, such as the use of insults, profane language, and the publication of a borrower's name as a delinquent.