Simplified Query: How do I file a complaint against online lending apps for harassment in the Philippines?

In the Philippines, complaints against online lending apps that engage in harassment can be lodged through several avenues. The harassment may come in the form of abusive collection practices, unauthorized access to contacts, or threats. Addressing such concerns promptly and effectively involves understanding the relevant legal provisions and the available complaint mechanisms.

Legal Protections and Violations

The use of threats, intimidation, and unauthorized access to personal information by online lending apps violates several legal provisions in the Philippines, including but not limited to:

Data Privacy Act of 2012 (Republic Act No. 10173): This act protects personal information and ensures data privacy rights. Unauthorized access or misuse of a borrower’s contact information, such as contacting family members or friends to pressure the borrower, can be a violation.
Revised Penal Code: Harassment, threats, and other abusive collection practices may be punishable under the provisions related to unjust vexation, threats, or other offenses.
Lending Company Regulation Act of 2007 (Republic Act No. 9474): This act regulates lending companies and requires them to operate within ethical and legal bounds.

How to File a Complaint

If you experience harassment from an online lending app, you have the following options to file a complaint:

National Privacy Commission (NPC): If the complaint pertains to a violation of your data privacy rights, you can file a complaint with the NPC. The NPC handles complaints related to the unauthorized access or use of personal information.
- Procedure:
  1. Submit a formal complaint letter detailing the violation.
  2. Provide evidence of the violation, such as screenshots or recordings.
  3. Send the complaint to the NPC via email or through their website.
Securities and Exchange Commission (SEC): The SEC regulates lending companies. Complaints about abusive collection practices or other regulatory violations can be filed here.
- Procedure:
  1. Prepare a written complaint detailing the issue.
  2. Include evidence supporting your complaint.
  3. File the complaint through the SEC’s official channels.
National Bureau of Investigation (NBI) or Philippine National Police (PNP): For severe cases involving threats or other criminal actions, you may approach law enforcement agencies.
- Procedure:
  1. File a complaint at the nearest NBI or PNP office.
  2. Provide detailed information and evidence.

Key Considerations

When filing a complaint, it is important to:

Document Everything: Keep records of all communications and evidence of harassment or threats.
Seek Legal Advice: Consider consulting with a legal professional to understand the best course of action.
Be Persistent: Follow up on the progress of your complaint to ensure it is being addressed.

By taking these steps, individuals can address and resolve issues related to harassment by online lending apps, thereby protecting their rights and well-being.