Legal Concerns Regarding Harassment by Online Lending App

Concern:
An individual in the Philippines is facing harassment from the agents of an online lending app called "Ansi Cash Loan." The individual states that despite the due date for repayment being clearly indicated as 12/28/23, they have been harassed on 12/27/23 with demands for repayment. The agents have not only contacted them repeatedly but have also contacted their personal contacts and issued threats to post their information on social media, which may amount to cyberbullying. The individual possesses evidence of these actions and seeks advice.


∇ Legal Contemplator

Initial Observations

  • The due date is explicitly mentioned as 12/28/23 in the app and associated communication. Demands for payment before the due date are premature.
  • Harassment by contacting the borrower's contacts and threatening to post personal information online could constitute a violation of privacy and other applicable laws.
  • The individual claims to have proof, which is crucial for addressing the matter legally.
  • The incident occurred in the Philippines, and thus, Philippine laws, such as the Data Privacy Act of 2012 and the Anti-Cybercrime Act of 2012, may be relevant.

Breaking Down the Problem

  1. Premature Demands for Payment:

    • Is there a breach of contract?
      • If the agreement clearly states the due date as 12/28/23, then demanding payment on 12/27/23 is likely a breach of contract on the lender’s part.
      • However, does the lender have a clause allowing early collection in certain circumstances? This needs examination.
    • Could this be an error by the lending agents, or is it a deliberate tactic to intimidate the borrower?
  2. Harassment of Contacts:

    • Is this legal under Philippine law?
      • The Data Privacy Act of 2012 prohibits the unauthorized sharing of personal information.
      • Lending apps often require borrowers to grant access to their contacts, but this does not authorize harassment or misuse of those contacts.
  3. Threats to Post on Social Media:

    • This could potentially fall under the Anti-Cybercrime Act of 2012, specifically as a form of cyber libel or cyberbullying.
    • How credible are these threats? Have similar threats been carried out by this lender in the past?
  4. Available Evidence:

    • The individual has mentioned having proof. What forms of evidence are available?
      • Screenshots of messages or emails from the lender.
      • Call logs showing the frequency and nature of calls.
      • Any recorded conversations or similar materials.

Analyzing the Legal Framework

A. Data Privacy Act of 2012

  • The act governs the collection, storage, and use of personal data.
  • If the lender has accessed and misused the borrower’s contacts without explicit permission for such use, this is likely a violation.
  • Was consent obtained for accessing and contacting these third parties?

B. Anti-Cybercrime Act of 2012

  • Threatening to post personal information on social media could constitute cyber libel under Section 4(c)(4) of the act.
  • Harassment through electronic communication may also fall under cyberbullying or unjust vexation.

C. Civil Code of the Philippines

  • Lending agents’ behavior may violate the principles of human relations (Articles 19-21), which mandate that individuals act with justice, honesty, and good faith.

Uncertainties and Questions

  • Lender’s Policy: Are there terms in the loan agreement that the borrower may have unknowingly agreed to, such as allowing early payment demands or access to contacts for collections?
  • Extent of Harassment: How many times have they been contacted, and how have these contacts escalated? Is this a one-time event or part of a larger pattern?
  • Proof of Threats: Are the threats specific and actionable, or are they vague and non-credible?
  • Agency Behavior: Are these actions part of a standard practice by this company, or is this an individual agent acting out of line?

Possible Dead Ends

  • If the borrower unknowingly consented to invasive collection practices in the loan agreement, pursuing a legal claim may become challenging.
  • Proving intent in cases of cyber libel or harassment can be difficult without clear evidence of the lender’s malicious intent.

Steps Forward

  1. Gather Evidence:

    • Consolidate all proof, including screenshots, messages, call logs, and recordings.
    • Document the timeline of events meticulously.
  2. File a Complaint with the National Privacy Commission (NPC):

    • If there is a clear violation of the Data Privacy Act, the NPC can investigate.
    • The borrower can report unauthorized access to and harassment of their contacts.
  3. Seek Assistance from the NBI Cybercrime Division:

    • If threats to post information on social media persist, the borrower may seek the help of the National Bureau of Investigation (NBI) Cybercrime Division.
  4. Consult a Lawyer:

    • A legal professional can provide tailored advice, especially regarding breaches of contract or pursuing damages under the Civil Code.
  5. Explore Reporting to the Bangko Sentral ng Pilipinas (BSP):

    • If the lending app is regulated by the BSP, a complaint can be filed against them for unfair collection practices.

Final Answer

The borrower should:

  1. Compile and secure all evidence of harassment and threats.
  2. File a complaint with the NPC for violations of the Data Privacy Act.
  3. Contact the NBI Cybercrime Division if the threats continue or escalate.
  4. Seek legal counsel to explore filing a civil case for damages under the Civil Code.
  5. Report the lender to the BSP if they are under its regulatory purview for engaging in unethical practices.

Thoroughly addressing this issue requires leveraging both legal remedies and regulatory channels while ensuring all evidence is properly documented and presented.

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