In the Philippines, the rise of Online Lending Applications (OLAs) has been accompanied by a surge in reports regarding "debt shaming" and various forms of harassment. While borrowing money creates a civil obligation to repay, it does not grant lenders the right to violate a borrower's privacy, dignity, or security.
I. Governing Laws and Regulations
The legal framework protecting borrowers from predatory and harassing lending practices is primarily composed of:
- SEC Memorandum Circular No. 18, Series of 2019: This is the primary regulation prohibiting "Unfair Debt Collection Practices." It explicitly forbids the use of threats, insults, and the disclosure of a borrower's information to third parties.
- Republic Act No. 10173 (Data Privacy Act of 2012): This law protects the personal information of borrowers. Many OLAs illegally access contact lists and social media accounts to harass the borrower’s network.
- Republic Act No. 10175 (Cybercrime Prevention Act of 2012): Applicable if the harassment involves online threats, libel, or identity theft.
- Revised Penal Code (RPC): Relevant for crimes such as Grave or Light Coercion, Threats, and Unjust Vexation.
II. Prohibited Acts (Unfair Debt Collection Practices)
Under SEC guidelines, the following actions by lending and financing companies (and their outsourced collection agencies) are strictly prohibited:
- Threats of Violence: Any use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
- Use of Profanity: The use of obscene or profane language, or language which has the effect of abusing the borrower.
- Disclosure of Debt: Publicly posting the names of borrowers who allegedly refuse to pay, or informing third parties (family, friends, or employers) about the debt, unless they are the guarantors.
- Contacting Contacts: Using the borrower’s contact list (obtained through the app's permissions) to harass or shame the borrower through their contacts.
- False Representations: Falsely claiming to be a lawyer, a court representative, or a government official to intimidate the borrower.
- Contact at Inconvenient Hours: Contacting the borrower before 6:00 AM or after 10:00 PM, unless the debt is more than 60 days past due.
III. Step-by-Step Reporting Process
If you are a victim of these practices, follow these steps to seek legal redress:
1. Document Everything
Before the lender can delete messages or accounts, preserve the evidence:
- Screenshots: Capture all threatening text messages, emails, and social media posts.
- Call Logs and Recordings: Keep a record of the dates, times, and phone numbers used by the collectors.
- App Information: Save the name of the OLA and the company operating it (usually found in the "About" section of the app).
2. File a Complaint with the SEC
The Securities and Exchange Commission (SEC) is the primary regulator for lending companies.
- Action: Visit the SEC website and look for the Corporate Governance and Finance Department (CGFD).
- Requirement: Fill out their formal complaint form. You must provide the name of the lending company and evidence of the harassment.
3. File a Complaint with the NPC
If the OLA accessed your contacts or posted your personal information online, the National Privacy Commission (NPC) handles the data privacy violation.
- Action: File a complaint through the NPC’s "Complaints and Investigation Division."
- Focus: Emphasize unauthorized processing of personal data and "malicious disclosure."
4. Report to the PNP Anti-Cybercrime Group (PNP-ACG)
For cases involving Grave Threats, Coercion, or Online Libel:
- Action: Visit the nearest PNP-ACG office or file a report through their official website/social media channels.
- Note: This is a criminal track and may lead to the filing of criminal charges against the individuals behind the harassment.
5. Google Play Store / Apple App Store Report
Report the app for violating "Financial Services" policies. If enough users report an app for predatory behavior, it may be removed from the platform.
IV. Summary Table of Remedies
| Violation Type | Primary Agency | Legal Basis |
|---|---|---|
| Harassment/Profanity | SEC | SEC MC No. 18 |
| Contacting Contact List | NPC | Data Privacy Act |
| Threats/Coercion | PNP-ACG / NBI | Cybercrime Law / RPC |
| Unregistered Lending | SEC | Lending Company Regulation Act |
V. Important Considerations
- Registration Check: Check the SEC website to see if the OLA is a registered Lending or Financing Company with a "Certificate of Authority" (CA). Operating without a CA is a criminal offense.
- Civil Liability: Filing a complaint does not automatically extinguish your debt. However, it can be used as a defense or a counter-claim if the lender files a case against you.
- Cease and Desist: Once a formal complaint is filed, the SEC has the power to issue Cease and Desist Orders against companies found to be violating the law.