Assistance in Addressing Online Lending Apps (OLA) Harassment in the Philippines

Concern:

Good day! Please help me stop OLA Maypera, Bene, and Surity from harassing and threatening me. Thank you!

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∇ Legal Contemplator

Initial Observations:

Let’s start with what we know about this issue:

1. The concern centers on harassment and threats, presumably through messages, calls, or similar means.
2. The entities involved are online lending apps (OLAs): Maypera, Bene, and Surity.
3. The request is to stop these actions, indicating they may be unlawful or abusive.

Defining the Problem Clearly:

Harassment and threats from OLAs could stem from overdue payments or disputes related to borrowing. It’s important to question whether:

• The harassment constitutes illegal behavior under Philippine laws.
• There are specific legal protections for borrowers in such cases.
• The borrower has remedies for such actions.

First Question: Is this harassment legally actionable?

In the Philippines, harassment by OLAs could potentially violate:

• The Data Privacy Act of 2012 (R.A. 10173): This law protects individuals from unauthorized use or sharing of personal data, which OLAs might exploit to contact friends or family of the borrower.
• Revised Penal Code provisions on grave threats (Art. 282) or unjust vexation (Art. 287): Depending on the nature of the threats, these articles could apply.
• The Lending Company Regulation Act of 2007 (R.A. 9474): Lending companies must adhere to ethical practices, and violations can lead to penalties or revocation of their licenses.

Second Question: What does harassment look like in this context?

1. Examples of harassment: Repeated calls, texts, or emails with abusive language; threats of harm; or contacting the borrower’s family or employer without consent.
2. Gray areas: What if the borrower genuinely owes money? Would repeated calls to demand payment still be harassment? The law may allow reasonable efforts to collect debts but not abusive behavior.

Third Question: Are there existing remedies?

Several courses of action come to mind:

• Reporting to the National Privacy Commission (NPC): If personal data is being misused, the borrower can file a complaint.
• Filing a complaint with the Securities and Exchange Commission (SEC): If the OLAs are registered, the SEC regulates their operations. Complaints can lead to investigations and sanctions.
• Police involvement for threats: Depending on the severity, reporting the threats to local authorities might be necessary.
• Legal representation: Consulting a lawyer to draft a cease-and-desist letter could formally notify the OLAs of their misconduct.

Doubts and Exploration:

But how effective are these remedies? Will a single complaint to the NPC or SEC suffice to stop harassment? This raises doubts. The borrower might face delays in resolution, and during this time, harassment could persist.

Counterarguments and Backtracking:

What if the OLAs claim their methods are necessary to recover debts? This leads to revisiting the ethical and legal boundaries of debt collection. Are there specific provisions under the Lending Company Regulation Act or the SEC regulations that address acceptable collection practices? Exploring this angle might provide clarity.

Expanding the Scope:

Now, let’s consider:

• Public awareness campaigns: Could sharing information about this issue lead to broader regulatory scrutiny of OLAs?
• Support groups or advocacy organizations: Connecting with groups that assist victims of OLA harassment could offer additional support or strategies.

Revising Earlier Thoughts:

Upon reflection, focusing on immediate actions like filing a complaint with the NPC or SEC seems prudent. However, pursuing longer-term remedies such as legal reform or collective action could be equally important.

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Final Answer:

To address harassment and threats by OLAs such as Maypera, Bene, and Surity in the Philippines:

1. File a complaint with the NPC: Report any misuse of personal data, especially if they are contacting third parties without your consent.
2. Submit a complaint to the SEC: If these OLAs are registered lending companies, the SEC can investigate their actions.
3. Involve local authorities: For severe threats, report the matter to the police for immediate protection.
4. Consult a lawyer: A lawyer can help you draft a cease-and-desist letter and explore potential legal actions.
5. Seek community support: Connect with advocacy groups or forums that help victims of OLA harassment.

This comprehensive approach ensures both immediate relief and long-term resolution.