How to Require Debt Collectors to Stop Calling: Data Privacy and Fair Debt Collection Rules in the Philippines

Last updated: October 23, 2025 (Philippine context). This is practical legal information, not legal advice for a specific case.


Executive summary

In the Philippines you can tell a creditor, lender, or third-party collection agency to stop calling you and to use only the channels you prefer (e.g., email). Your leverage comes from:

  1. Data Privacy Act of 2012 (DPA; R.A. 10173). You have the right to object to certain processing of your personal data, to withdraw consent, and to demand proportional, fair, and transparent processing. Harassing or excessive calls, contacting your “phonebook,” or public shaming are typically unlawful.

  2. Financial Consumer Protection Act of 2022 (FCPA; R.A. 11765) and its implementing rules (administered by the BSP, SEC, and Insurance Commission, depending on the entity). These prohibit abusive, deceptive, and unfair collection practices (ADUCP). Lenders and their collection agents must honor communication preferences, avoid harassment, threats, obscene language, and disclosure to third parties.

  3. Other relevant rules and crimes. Using your contact list without consent or shaming you to your employer/family may violate the DPA and could also implicate crimes like grave threats, grave coercion, unjust vexation, libel, or violation of the Anti-Wiretapping Act (if they record or if you record without consent).

Stopping calls does not cancel the debt. It changes how they may contact you and curbs abuse. They may still send lawful written notices or file a case.


Who must comply

  • Banks and non-bank financial institutions (under BSP supervision) and their collection agents.
  • Lending and financing companies, and online lending platforms (under SEC).
  • Insurers and HMOs (under the Insurance Commission).
  • Third-party collection agencies acting for any of the above.
  • Loan apps and their affiliates processing your data.

If an entity handles your personal data or collects on a financial product, assume these rules apply.


What conduct is generally not allowed

  • Harassment: repeated, excessive, or threatening calls/texts; calling at unreasonable frequency or times; hostile or obscene language.
  • Public shaming / disclosure: contacting your employer, coworkers, relatives, or your phonebook/“references” to pressure payment; posting about your debt on social media; group chats tagging your contacts; sending postcards/notes revealing your debt.
  • False, deceptive, or misleading representations: pretending to be from a government office or a law firm when not; overstating legal consequences.
  • Unconsented data use: scraping your contacts; using permissions you never granted; processing beyond what is necessary and proportionate to collect a legitimate debt.
  • Ignoring your stated communication preference (e.g., you said “email only” but they keep calling).

Note on call times: Philippine law doesn’t specify exact “quiet hours” like some foreign statutes, but unreasonable frequency or hours can still amount to harassment or unfair practice.


Your legal rights you can invoke

Under the Data Privacy Act (DPA)

  • Right to object to processing (e.g., calls/voice outreach), especially where the basis is only consent or “legitimate interest.”
  • Right to withdraw consent (e.g., permissions you gave a loan app).
  • Right to be informed, access, and data portability (ask what data they hold, where it came from).
  • Right to rectification and erasure/blocking (for inexact, outdated, or unlawfully obtained data).
  • Right to damages for violations.

Under the FCPA

  • Right to fair treatment and protection from abusive, deceptive, and unfair collection.
  • Right to choose your communication channel and set limits.
  • Right to an internal complaints process and to escalate to the proper regulator (BSP, SEC, or IC).

How to require them to stop calling (step-by-step)

  1. Document the behavior. Keep a log of date/time, number, caller identity, and a one-line summary of what happened. Save SMS, Viber/WhatsApp messages, emails, and screenshots of app permissions.

  2. Identify the entity and regulator.

    • Bank / EMI / NBFS → BSP.
    • Lending/Financing Company or Loan App → SEC.
    • Insurer/HMO → Insurance Commission. If unsure, look at your contract or receipts for the corporate name; the collection agency should identify its principal.
  3. Send a written “Cease Calls—Use This Channel Only” notice.

    • Deliver by email and (if available) the lender’s official portal; keep proof.
    • State that you’re withdrawing consent (if any) to phone/voice calls and objecting under the DPA to phone outreach as unnecessary and disproportionate.
    • Under the FCPA, set a preferred channel (e.g., “email only to my address”) and times (e.g., “weekdays 9am–5pm”).
    • Forbid third-party disclosure and “contacting my employer/family/phonebook.”
    • Ask for written confirmation within 5–10 business days.
  4. If they keep calling, escalate immediately.

    • Regulator complaint (attach your evidence and the notice):

      • BSP Consumer Assistance Mechanism (for BSP-regulated entities).
      • SEC complaint channel (for lending/financing/loan apps).
      • Insurance Commission for insurers/HMOs.
    • National Privacy Commission (NPC) complaint for DPA violations (unlawful processing, unauthorized disclosure, failure to honor data subject rights).

    • Optional: NTC complaint about spam or spoofed numbers; your telco can assist with number blocking.

  5. Preserve evidence—but follow the Anti-Wiretapping Act (R.A. 4200).

    • Do not secretly record voice calls without all parties’ consent.
    • You may: request that further communication be in writing, take contemporaneous notes, and store screenshots. If you record, announce that you are recording and capture their consent.
  6. Consider legal demand letters or assistance. A brief letter from counsel referencing the DPA and FCPA (and threatening regulator referral) often stops harassment quickly.

Important: They may still send lawful written notices (e.g., statement of account, demand letters) and may pursue legal remedies. Your instruction restricts how they communicate, not whether they can enforce the debt.


Model language you can use (copy-paste)

A. Short message (text/email) to a collector

Subject: Communication Preferences and Data Privacy Notice I acknowledge the account you’re referring to. Effective immediately, do not call or voice-message me on any number. Under the Data Privacy Act of 2012, I withdraw any consent to phone/voice outreach and object to such processing as unnecessary and disproportionate. Under the Financial Consumer Protection Act of 2022, please use email only for all communications about this account and avoid any contact with my employer, coworkers, relatives, or contacts. Do not disclose my debt to third parties. Confirm in writing within five (5) business days that you have updated your records and instructed any third-party agencies accordingly.

B. Formal cease-and-desist letter (email + PDF)

  • Identify yourself and the account/Reference No.
  • Invoke DPA rights (object/withdraw consent; demand data minimization and non-disclosure).
  • Invoke FCPA rights (no abusive/harassing collection; respect channel choice).
  • Instruct them to cascade the instruction to all agents/affiliates.
  • Request data inventory: what data they hold, sources, with whom shared, and the lawful basis.
  • Set a deadline (10 business days) and advise that non-compliance will be reported to BSP/SEC/IC and the NPC and may give rise to damages.
  • Attach a scan of a government ID only if necessary; redact sensitive details not needed to identify the account.

Special scenarios (with practical answers)

  • They call your employer or family. That is typically unlawful disclosure and unfair collection. Send your cease letter, screenshot evidence, and file complaints with the NPC (privacy) and the sector regulator (BSP/SEC/IC).

  • The debt is disputed or wrong. Say so expressly and demand verification in writing. Until verified, limit contact to your chosen channel.

  • Loan apps demanded phonebook access. You may withdraw consent and demand deletion/blocking of harvested contacts if not necessary or lawfully obtained. Using those contacts to shame you is a DPA violation and likely an unfair practice.

  • They threaten arrest or criminal cases for ordinary consumer debt. That’s generally deceptive; most consumer debts are civil. Save the threat and report it.

  • They say they “must” call for compliance reasons. Ask them to cite the specific law and agree to email instead. Ordinary account servicing rarely requires phone calls if you’ve set a written channel.


How regulators typically divide jurisdiction (quick guide)

  • BSP: banks, electronic money issuers, credit card issuers under BSP, non-bank e-money lenders.
  • SEC: lending companies, financing companies, online lending platforms and their agents.
  • Insurance Commission: insurers, HMOs, pre-need.
  • NPC: any privacy violation (across sectors), especially unauthorized disclosure, failure to honor DPA rights, or excessive processing.

When in doubt, complain to both the sector regulator and the NPC. Each can sanction independently.


Evidence checklist for your complaint packet

  • Your cease-and-desist and channel-preference notice, with timestamps.
  • Call log (dates/times/numbers), screenshots of SMS/OTT messages.
  • Any voicemail (with consent) or emails from the collector.
  • Proof of third-party disclosure (texts to your employer/family, group chat screenshots).
  • Your loan agreement/statement (to identify the correct principal and regulator).
  • A short, dated narrative of what happened and how it affected you.

Frequently asked questions

Does telling them to stop calling erase the debt? No. It only governs how they communicate and protects you from abuse.

Can I block numbers? Yes. You may also ask your telco about call/SMS blocking and report spam/scams. Keep logs before blocking.

Can I record calls to prove harassment? Only with consent of all parties (Anti-Wiretapping Act). Safer: ask them to email and keep detailed notes.

Can they still send a demand letter or sue? Yes, through lawful written channels. Your rights prevent harassment, not legitimate enforcement.

What if a friend listed me as a “reference” without my consent? You can assert DPA rights as a data subject and demand the collector stop contacting you and delete your number if it was obtained without a valid legal basis.


One-page template (fill-in)

Re: Account No. ______ / Borrower: ______ Dear [Name of Lender/Agency], I am asserting my rights under the Data Privacy Act of 2012 and the Financial Consumer Protection Act of 2022. Effective immediately, do not contact me by phone call or voice message on any number. I withdraw any consent for phone outreach and object to such processing as unnecessary and disproportionate. Communicate by email only to: ________, weekdays 9:00–17:00. Do not disclose my debt or contact my employer, coworkers, relatives, or any contacts for collection. Provide written confirmation within 5 business days that you have updated your records and instructed all affiliates/agents to comply. Also provide a data inventory (data held, sources, sharing, and lawful basis). Continued harassment will be reported to the appropriate regulator and the National Privacy Commission, and I reserve the right to seek damages. Sincerely, [Name], [Address], [ID (optional; redact sensitive data)]


Practical tips that make this work

  • Keep everything in writing after your notice.
  • Be polite but firm; never argue on the phone.
  • Use the phrase “I am asserting my rights under the Data Privacy Act and the Financial Consumer Protection Act.”
  • If the collection is legitimate and you can pay, propose a payment plan via email; collectors back off once they see a written, dated plan.
  • If the collection looks suspicious, treat it as potential fraud: ask for the full corporate name, SEC/CDA registration, and an official receipt trail before engaging.

Bottom line

You don’t have to endure relentless calls. Philippine privacy and financial consumer protection laws let you choose written channels, ban phone harassment, and stop third-party shaming—and regulators have teeth if a collector refuses to comply.

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