Online Lending Apps Harassment Before Due Date: Your Rights Under Philippine Law

Philippine legal guide for borrowers facing early collection abuse from online lending apps (“OLAs”).

Quick take

Even before your due date, an OLA has no legal basis to shame you, threaten you, call your employer, or blast your contacts. Philippine law protects you against unfair collection, privacy violations, and abuse—and regulators can penalize lenders for it. You may also pursue civil and criminal remedies.

The legal backbone (in plain language)

1) Financial Consumer Protection Act (FCPA) — Republic Act No. 11765

Prohibits abusive debt collection and harassing conduct by financial service providers and their agents—this covers many lending apps.
Bars misleading representations, threats, intimidation, undue influence, and contacting you at unreasonable hours or via channels you didn’t agree to.
Empowers regulators (e.g., BSP, SEC, IC) to investigate, order restitution, and sanction firms for abusive practices.

2) SEC Rules on Lending/Financing Companies

Lending/financing companies and their online platforms must not use unfair collection practices—including public shaming, threats, profane language, misrepresenting as law enforcement or court personnel, and contacting people in your phonebook who are not co-makers/guarantors.
The SEC can fine, suspend, or revoke a company’s license and its online platform for violations.

3) Data Privacy Act (DPA) — RA 10173

You have the right to be informed, object, access, correct, and erase/block personal data.
Apps may process only data that is proportionate and necessary for a legitimate purpose. Mass-harvesting your phone contacts and messaging them is typically unauthorized processing.
The NPC (privacy regulator) can order firms to stop processing, delete data, and impose administrative fines; criminal penalties may apply for certain violations.

4) Revised Penal Code (RPC) & Cybercrime Law (RA 10175)

Depending on the conduct, the following crimes may be implicated:

Grave/coercion (forcing you to do something against your will), grave or light threats, unjust vexation.
Libel/slander, including cyber libel when done online or through electronic systems (e.g., group chats, social media “shaming” posts).
Alarm and scandal or related offenses if conduct publicly disgraces or disturbs.

Even if you haven’t defaulted, harassment is not excused. “Reminder” calls or texts must remain truthful, respectful, and proportionate.

5) Telecommunications & anti-spam norms

Repeated robo-texts or spoofed calls can be reported to the NTC and telcos for filtering/number blocking.
If SIM registration data is misused, you may raise this with your carrier and authorities.

What counts as harassment before due date?

“Shaming” messages to your contacts, employer, or family (“Tell [Name] to pay or we’ll…”).
Threats of arrest, criminal cases, blotter entries, barangay summons, or search/seizure without legal basis.
False claims of being with the NBI/PNP/DOJ/courts, or that a case has been filed when none exists.
Profane/insulting language, demeaning images, or doxxing (posting your personal info).
Persistent calls at unreasonable hours or to your work number despite objection.
Unconsented data use: scraping/using your phonebook, geolocation, photos, or workplace info not strictly necessary for loan servicing.

Lawful pre-due reminders look like this: a neutral SMS or in-app notice confirming amount, due date, official payment channels, and support contacts—no threats, no third-party disclosure, no misrepresentation.

Your rights, concretely

Right to be left alone until due date (save for reasonable, agreed reminders).
Right to privacy: the app cannot lawfully blast your contacts or employer.
Right to fair treatment: no intimidation, shaming, or deception.
Right to accurate information: no fake “case numbers,” “court orders,” or “warrants.”
Right to redress: complain to regulators and seek damages in court.

Evidence to keep (do this immediately)

Screenshots/recordings of messages and in-app notices.
- For voice calls, the Anti-Wiretapping Act generally requires all-party consent to record private communications. If you cannot lawfully record, keep call logs, voicemails, and detailed notes (date/time, number, caller identity, words used).
Copies of your loan agreement, app permissions, privacy policy, and consent screens.
List of affected third parties (contacts/employer who received messages), with their screenshots.
Timeline: when you took the loan, due date, when harassment started, and each incident thereafter.

Steps to take (in order)

Step 1 — Secure yourself and your data

Revoke permissions: In your phone settings, disable the app’s access to contacts, SMS, phone, camera, location.
Change passwords/PINs, enable 2FA on your email and e-wallets.
Block numbers used for harassment; keep logs anyway.

Step 2 — Put the lender on written notice

Send a short, dated message via the app, email, and any official channel:

Subject: Cease and Desist from Unfair Collection and Privacy Violations I am not yet due on my loan (due on [DATE]). Your agents have sent harassing communications and contacted third parties without my consent. These acts violate the FCPA, SEC rules, and the Data Privacy Act. Demand: Stop all unfair collection, third-party disclosures, and threats. Communicate only with me via [approved channel] between [reasonable hours]. Confirm compliance within 48 hours. I am preserving evidence and will report to the SEC and NPC and pursue legal remedies for damages.

(Attach screenshots.)

Step 3 — Escalate to regulators

SEC (if it’s a lending/financing company or an online lending platform): complain about unfair collection, harassment, and platform misconduct; request investigation and platform takedown/suspension if warranted.
NPC: file a privacy complaint for unauthorized processing (e.g., messaging your contacts), data over-collection, and failure to honor your rights.
BSP: if the provider is a bank/e-money issuer supervised by BSP, file a financial consumer complaint citing abusive collection.
NTC/telco: report spam/scam patterns and request number blocking.

Step 4 — Consider legal action

Criminal: threats, coercion, libel/cyber libel, unjust vexation.
Civil: damages under Civil Code Articles 19–21 (abuse of rights/acts contrary to morals, good customs, or public policy) and for privacy violations.
Protection: If harassment becomes menacing, consider barangay assistance for documentation and police blotter for record-keeping (not as a pre-requisite to suit, but to preserve evidence).

Tip: A lawyer’s demand letter often stops misconduct quickly and preserves your claims for damages and fees.

Special situations

They messaged your boss/HR: Ask HR to keep the message, confirm no disclosures will be made, and to refer all such messages back to you. This strengthens your privacy complaint.
They posted your face/name online: Save URLs and screenshots (with timestamps). This supports cyber libel and DPA complaints; request takedown from platforms.
They threaten “warrants/arrest” for nonpayment: Nonpayment of debt is not a crime by itself. Arrest threats for private debts are baseless and unlawful.
They demand full phonebook access “or else”: Refuse. Such access is generally disproportionate under the DPA; using your contacts for collection is unlawful.

How to future-proof

Use regulated lenders with clear disclosures and complaint channels.
Read permissions before installing: avoid apps that require contacts, photos, or location for a simple cash loan.
Pay via official channels and keep receipts.
Document all interactions from day one; set reminders well before due date.
If you anticipate difficulty, proactively communicate (in writing) and request payment arrangements—without admitting abusive conduct is acceptable.

FAQs

Q: Can they visit my home or office before due date? They may not harass you or disclose your debt to others. Any visit must be civil, at reasonable hours, and not involve threats or misrepresentation.

Q: Can they sue me before due date? Filing suit before maturity has no basis. False claims of filed cases or “court orders” can amount to deception and harassment.

Q: Can I record their calls? Be careful. The Anti-Wiretapping Act generally requires consent of all parties to record private conversations. When in doubt, rely on texts, emails, voicemails, and detailed call logs/notes instead.

Q: Can they contact my references? Only co-makers/guarantors may be contacted for legitimate purposes. Mass messaging your contacts or colleagues is typically unlawful.

One-page checklist

Revoke app permissions (contacts/SMS/phone/camera/location).
Block harassing numbers; keep logs.
Collect evidence (screenshots, timelines, receipts).
Send Cease & Desist citing FCPA, SEC rules, DPA.
File complaints: SEC (unfair collection), NPC (privacy), BSP (if bank/EMI), NTC/telco (spam).
Consider police blotter and legal counsel for demand/criminal/civil actions.

Final note

This article explains your rights and remedies when an online lender harasses you before your due date. Specific strategies can vary with the lender’s regulatory umbrella (SEC vs BSP) and the facts. If the conduct is severe or continuing, consult a Philippine lawyer to tailor a demand letter, preserve claims for damages, and coordinate with regulators.