Legal remedies against harassment and threats by online lending applications

The rise of Financial Technology (FinTech) in the Philippines has democratized access to credit. However, this convenience has a dark side: the proliferation of predatory Online Lending Applications (OLAs) that employ "shaming" tactics, threats, and data privacy violations to coerce repayment.

If you or someone you know is facing harassment from these entities, the Philippine legal system provides several avenues for protection and retribution.


1. Violation of the Data Privacy Act of 2012 (R.A. 10173)

Most OLAs require access to your contacts, gallery, and social media accounts as a condition for loan approval. Using this information to contact your friends, family, or employers to shame you is a high-level violation.

  • Unauthorized Processing: Accessing your phone’s contact list for purposes other than credit evaluation (i.e., for harassment) is illegal.
  • Malicious Disclosure: Disclosing sensitive personal information with the intent to cause harm or embarrassment is a punishable offense.
  • Remedy: File a formal complaint with the National Privacy Commission (NPC). The NPC has a history of ordering the permanent shutdown of apps found violating these privacy standards.

2. Cyberlibel and the Cybercrime Prevention Act (R.A. 10175)

When collectors post your photo on social media, label you a "scammer" or "thief," or create group chats with your contacts to announce your debt, they commit Cyberlibel.

  • Elements: There is an allegation of a vice or defect, transmitted publicly, identifying a person, and done with malice.
  • Remedy: You can file a criminal complaint for Cyberlibel through the PNP Anti-Cybercrime Group (PNP-ACG) or the NBI Cybercrime Division.

3. SEC Memorandum Circular No. 18, Series of 2019

The Securities and Exchange Commission (SEC) explicitly prohibits "Unfair Debt Collection Practices." Under this circular, the following acts are illegal:

  • The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
  • The use of threats to take any action that cannot legally be taken.
  • Disclosing or publishing a list of borrowers who allegedly refuse to pay debts (except to reporting agencies).
  • Contacting persons in the borrower’s contact list other than those named as guarantors or co-makers.
  • Using profane or abusive language.
  • Remedy: Report the lending company to the SEC Corporate Governance and Finance Department. If the OLA is not registered with the SEC, they are operating illegally, which strengthens your case for a total shutdown.

4. Revised Penal Code Offenses

Beyond specialized laws, the collector’s actions may fall under traditional crimes:

  • Grave or Light Coercion: If they compel you to do something (like pay) against your will using violence or intimidation.
  • Grave or Light Threats: If they threaten to kill you, burn your house, or cause physical harm.
  • Unjust Vexation: A "catch-all" offense for conduct that causes annoyance, irritation, or mental distress to another.

Action Plan for Victims

  1. Document Everything: Do not delete the messages. Take screenshots of texts, call logs, emails, and social media posts. Note the time, date, and the specific phone numbers or accounts used.
  2. Cease Communication: Once you have documented the harassment, stop engaging with the harassers. They thrive on psychological pressure.
  3. Check Registration: Visit the SEC website to see if the OLA is a registered Lending or Financing Company. Many predatory apps operate without a license.
  4. File Formal Complaints:
  • SEC: For violations of fair debt collection practices.
  • NPC: For privacy leaks and contact list harvesting.
  • PNP-ACG/NBI: For threats, libel, and extortion.
  1. Notify Your Network: Inform your contacts that your phone/data has been compromised by a predatory app and advise them to block and report the numbers.

Summary of Key Jurisdictions

Agency Primary Concern
SEC Licensing and Unfair Collection Practices
NPC Data Privacy and Contact List Abuse
PNP/NBI Criminal Threats, Libel, and Coercion
BSP If the OLA is operated by a bank or BSP-supervised entity

Legal Note: A debt is a civil obligation. Failure to pay a loan is not a crime (there is no imprisonment for debt in the Philippines under the Constitution). However, the methods used to collect that debt can indeed be criminal. You can be held liable for the money you borrowed, but the lenders can be held criminally liable for the manner in which they try to collect it.

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