What should you do if you receive harassment and threats from an online lending company?
Harassment and threats from online lending companies have become a significant concern in the Philippines, especially with the rise of digital lending platforms. Borrowers who find themselves in financial difficulty often face aggressive and illegal tactics from these companies, which can include harassment, death threats, and public shaming through doctored images and defamatory posts.
Legal Protections Against Harassment
The Philippine government has taken steps to address these unethical practices. Under the Republic Act No. 10173 or the Data Privacy Act of 2012, any unauthorized use of personal data, including posting altered images or publicly disclosing personal information without consent, is illegal. The National Privacy Commission (NPC) is the agency responsible for enforcing this law, and individuals who are victims of these acts can file a complaint with the NPC.
Additionally, Republic Act No. 7394 or the Consumer Act of the Philippines provides protection against abusive collection practices. The law prohibits creditors from using threats, harassment, or any form of intimidation in collecting debts. This includes sending threatening messages or using social media to shame or humiliate borrowers.
Reporting and Legal Recourse
If you receive threats or harassment from a lending company, you have several options:
File a Complaint with the National Privacy Commission (NPC): If your personal data has been misused, you can report the lending company to the NPC. The NPC can investigate and impose penalties on companies that violate the Data Privacy Act.
Report to the National Bureau of Investigation (NBI) or the Philippine National Police (PNP): For more serious threats, such as death threats or the distribution of defamatory materials, you can file a complaint with the NBI or PNP. These agencies can investigate criminal acts, and the individuals responsible may face charges under the Revised Penal Code for libel, grave threats, or unjust vexation.
Consult with a Lawyer: Legal assistance can help you navigate the process of filing complaints and taking legal action. A lawyer can also guide you on how to secure protection orders if you feel that your safety is at risk.
Seek Help from Consumer Protection Agencies: The Department of Trade and Industry (DTI) and other consumer protection agencies can assist in cases of abusive debt collection practices. They can mediate between you and the lending company or take action against businesses that violate consumer rights.
Preventive Measures
To protect yourself from becoming a victim of harassment by online lenders, consider the following preventive measures:
- Read the Terms and Conditions Carefully: Before taking out a loan, understand the terms, including the lender's data privacy policy and collection practices.
- Avoid Sharing Sensitive Information: Be cautious about the personal information you share with lending companies, especially online.
- Use Licensed and Reputable Lenders: Ensure that the lending company is registered with the Securities and Exchange Commission (SEC) and complies with Philippine laws.
The government and legal system provide avenues for redress against these unlawful practices, but awareness and proactive measures are key to preventing and addressing harassment from online lenders.