The rise of Financial Technology (FinTech) in the Philippines has facilitated easier access to credit. However, it has also birthed a surge in Online Lending App (OLA) harassment. This involves unethical collection practices such as debt shaming, unauthorized access to contact lists, and threats. Under Philippine law, these actions are not just unethical—they are illegal.

If you are a victim, you have the right to seek redress through the Securities and Exchange Commission (SEC) and the National Privacy Commission (NPC).

I. Understanding the Legal Framework

Victims of OLA harassment are protected by several key regulations:

SEC Memorandum Circular No. 18 (Series of 2019): Prohibits unfair debt collection practices, including the use of insults, profane language, and unauthorized contact of persons in the borrower's contact list.
Republic Act No. 10173 (Data Privacy Act of 2012): Protects personal information. OLAs that "dox" borrowers or access contacts without a legitimate purpose violate this law.
The Cybercrime Prevention Act (RA 10175): Covers online libel and harassment.

II. Step 1: Documenting the Evidence

Before filing a formal complaint, you must build a "paper trail." Authorities cannot act on hearsay; they need digital proof.

Screenshots: Capture all threatening text messages, emails, and social media posts.
Call Logs: Record the dates, times, and phone numbers of the harassers.
App Information: Note the exact name of the app and, if possible, its corporate name (often found in the "About" section or the SEC register).
Proof of Payment/Loan: Keep copies of your loan contracts and receipts of any payments made.

III. Step 2: Filing a Complaint with the SEC

The SEC oversees the licensing and conduct of lending and financing companies.

Purpose of SEC Complaint

To report Unfair Debt Collection Practices.
To check if the OLA is a Registered Corporation with a Certificate of Authority (CA) to operate as a lender.

Procedure

Verify Registration: Check the SEC website for the list of "Recorded Lending Companies" and "Financing Companies." If the OLA is not on the list, it is an illegal "fly-by-night" operation.
Draft a Formal Letter/Form: Use the SEC’s Pro-Forma Complaint Form available on their website.
Submit via Email: Send your complaint and evidence to the SEC Corporate Governance and Finance Department (CGFD) at cgfd_enforcement@sec.gov.ph or flcd_queries@sec.gov.ph.
Details to Include: Your full name, the OLA name, the specific violations (e.g., threats of violence, debt shaming), and your desired outcome.

IV. Step 3: Filing a Complaint with the NPC

The NPC handles violations involving the misuse of your personal data (e.g., contacting your friends/family without consent).

Purpose of NPC Complaint

To report Unauthorized Processing of personal data.
To report Malicious Disclosure (Debt shaming on social media).

Procedure

File a "Request for Advisory Opinion" or a Formal Complaint: Visit the NPC Complaints Page.
The "Discovery" Rule: You must first attempt to contact the OLA’s Data Protection Officer (DPO) to demand they stop the harassment. If they ignore you or provide an unsatisfactory response, the NPC will take the case.
Submit via the CID Portal: The NPC uses the Complaints and Investigation Division (CID) portal. You will need to upload a Notarized Formal Complaint (Salaysay) and your evidence.
Focus on Data: Highlight how they accessed your contacts or where they posted your private information.

V. Summary of Prohibited Acts

Under SEC MC No. 18, the following are strictly forbidden:

Using or threatening to use physical violence or harm.
Using obscene or profane language.
Disclosing the borrower's name as a "delinquent" in public (Social Media/Public Groups).
Contacting people in the borrower’s contact list other than the provided guarantors or references.
Presenting themselves as lawyers, government agents, or court officials to intimidate the borrower.

VI. Important Reminders for Victims

Do Not Deactivate Immediately: While it is tempting to delete your social media or change your SIM card, ensure you have saved all evidence first.
Check the "Certificate of Authority": Many OLAs are registered as "Corporations" but do not have the specific "Certificate of Authority to Operate as a Lending/Financing Company." Operating without a CA is a criminal offense.
Legal Standing: Being unable to pay a debt is a civil matter. In the Philippines, no one can be imprisoned for non-payment of debt (Art. III, Sec. 20, 1987 Constitution), unless the debt involved fraud or estafa (e.g., bouncing checks). However, harassment is a criminal matter for which the lender can be held liable.