How to Report Loan Apps for Harassment and Illegal Collection Practices in the Philippines

The rise of Financial Technology (FinTech) in the Philippines has provided millions with access to quick credit. However, this convenience has a dark side: the proliferation of predatory lending apps—often referred to as "Online Lending Platforms" (OLPs)—that employ illegal debt collection practices.

If you are experiencing harassment, "debt shaming," or unauthorized access to your contacts, you are not alone, and more importantly, you have legal recourse.


I. Identifying Illegal Practices

Under Philippine law, specifically SEC Memorandum Circular No. 18 (Series of 2019) and the Data Privacy Act of 2012, the following actions are strictly prohibited:

  • Debt Shaming: Posting your name, photo, or debt details on social media (Facebook, etc.) or contacting people in your phone’s contact list who are not your co-makers or guarantors.
  • Threats and Intimidation: Using profane language, threatening physical harm, or claiming you will be imprisoned for debt (Note: In the Philippines, no one is imprisoned for non-payment of a debt, unless it involves estafa or bouncing checks under BP 22).
  • False Representation: Pretending to be a lawyer, a court official, or a police officer to scare you into paying.
  • Unauthorized Access: Accessing your contacts, gallery, or social media accounts without your explicit, informed consent for purposes other than credit scoring.

II. Where to File Your Complaint

Depending on the nature of the violation, you should approach specific government agencies:

1. Securities and Exchange Commission (SEC)

The SEC regulates lending companies. If an app is not registered or is violating the "Prohibition on Unfair Debt Collection Practices," the SEC is your primary authority.

  • What to file: A formal complaint against the lending company.
  • Contact: Email the Corporate Governance and Finance Department at cgfd_onlinelending@sec.gov.ph.

2. National Privacy Commission (NPC)

If the app accessed your contacts or messaged your friends and family without your consent, they have violated the Data Privacy Act of 2012.

3. National Bureau of Investigation (NBI) & PNP-ACG

If the harassment includes death threats, grave threats, or cyber-libel, this becomes a criminal matter.

  • Agencies: NBI Cybercrime Division or the Philippine National Police Anti-Cybercrime Group (PNP-ACG).
  • Contact: You can report via the PNP-ACG website or visit their office at Camp Crame.

III. Step-by-Step Guide to Reporting

Step 1: Document Everything (Evidence Gathering)

Before the collectors delete messages or the app disappears from the store, secure your evidence:

  • Screenshots: Capture text messages, call logs, and social media posts.
  • Recordings: If possible, record phone calls where threats are made (ensure you inform them you are recording if legal in your jurisdiction, though for criminal evidence of threats, "dirty" recordings are often kept for investigation).
  • Transaction Records: Keep copies of the loan agreement, disclosure statements, and proof of any payments made.

Step 2: Verify the Entity

Check the SEC List of Recorded Lending Companies and Financing Companies. Many predatory apps operate without a license. Reporting an unlicensed app is a priority for the SEC.

Step 3: Send a Formal Cease and Desist

If you feel safe doing so, inform the collector via email/text that their actions violate SEC MC No. 18 and the Data Privacy Act, and that you are in the process of filing a formal complaint with the NPC and SEC. Sometimes, this stops the harassment.

Step 4: Lodge the Formal Complaint

Submit your gathered evidence to the agencies mentioned above. For the SEC, ensure you provide the Company Name and SEC Registration Number (if available).


IV. Summary of Relevant Laws

Law / Regulation Key Protection
SEC MC No. 18, s. 2019 Prohibits unfair collection practices (insults, threats, shaming).
Data Privacy Act (RA 10173) Protects your personal information and contact list from unauthorized use.
Cybercrime Prevention Act (RA 10175) Penalizes online libel and unauthorized access to computer systems.
Bill of Rights (Constitution) No person shall be imprisoned for debt.

Note: Paying off the loan does not excuse the lender's illegal behavior. Even if you owe money, you maintain your right to privacy and human dignity. Do not let "shame" prevent you from seeking legal help.

Would you like me to draft a template for a formal complaint letter that you can send to the SEC or the National Privacy Commission?

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.