Dear Attorney,

I am writing to seek legal advice on a deeply troubling situation I am facing. I have been receiving numerous harassing calls from representatives of online lending applications. These individuals have resorted to abusive language, including cursing at me, and have escalated their actions by leaving offensive comments on my social media posts. This situation has caused me immense distress, and I am unsure how to address it.

I am particularly concerned about my rights under Philippine law regarding such behavior, as well as the legal remedies available to protect myself from further harassment. Could you please advise me on the steps I can take to stop these actions and seek justice for the harm caused?

Sincerely,
A Concerned Individual

Legal Remedies Against Harassment by Online Lending Applications in the Philippines

In the Philippines, abusive practices by online lending applications (OLAs) have become an increasing concern, with numerous reports of borrowers experiencing harassment, public shaming, and privacy violations. This article outlines the legal framework governing such issues and the remedies available to victims.

I. Legal Framework Governing Harassment and Debt Collection

1. Data Privacy Act of 2012 (Republic Act No. 10173)

The Data Privacy Act (DPA) aims to protect individuals' personal information against unauthorized collection, use, or disclosure. Under the DPA:

Unlawful Disclosure: Lending apps that disclose personal information, such as phone contacts or social media accounts, without consent, violate Section 12 or 13 of the DPA.
Penalties: Violators may face imprisonment ranging from one to six years and fines up to PHP 5 million, depending on the gravity of the offense.

Victims may file complaints with the National Privacy Commission (NPC), which investigates such violations. Borrowers are encouraged to gather evidence, such as screenshots of abusive messages and call logs, to support their claims.

2. Revised Penal Code

Acts of harassment, such as sending threatening messages or publicly shaming a borrower, may constitute criminal offenses under the Revised Penal Code:

Grave Threats (Article 282): Involves threats of harm to a person's life, honor, or property.
Slander or Oral Defamation (Article 358): Abusive language directed at a borrower in private or public is punishable by arresto menor or a fine.
Libel (Article 355): Online comments or posts that damage a borrower’s reputation may be considered libel, punishable by imprisonment or fines under the Cybercrime Prevention Act of 2012.

3. Lending Company Regulation Act of 2007 (Republic Act No. 9474)

This law regulates the operations of lending companies. It requires them to adhere to ethical debt collection practices and prohibits harassment or abusive behavior. Lending companies must:

Notify the borrower in writing before initiating collection efforts.
Avoid publicizing debt or employing third-party harassment tactics.

Failure to comply with these provisions may result in the suspension or revocation of their license by the Securities and Exchange Commission (SEC).

II. SEC Memorandum Circular No. 18 (2019)

In response to growing complaints, the SEC issued this circular to address unfair debt collection practices. It explicitly prohibits:

Public Shaming: Posting a borrower’s personal information on social media or contacting third parties to coerce repayment.
Harassment: Use of threats, intimidation, or abusive language during collection efforts.

Violators face administrative sanctions, including fines of up to PHP 2 million, and may have their licenses revoked.

III. Remedies Available to Victims

1. Filing a Complaint with the National Privacy Commission

Victims of data privacy violations may file a complaint with the NPC. The process includes:

Submitting a complaint form along with evidence (screenshots, call logs, etc.).
Participating in mediation proceedings to resolve the issue.
Pursuing legal action if no amicable settlement is reached.

The NPC may impose penalties or recommend prosecution for violations.

2. Filing a Case for Harassment or Defamation

Victims may pursue criminal or civil cases under the Revised Penal Code or the Cybercrime Prevention Act. Steps include:

Filing a complaint with the Office of the City Prosecutor.
Providing evidence, such as messages, recordings, or affidavits.
Initiating civil actions for damages if defamation or emotional distress is proven.

3. Reporting to the SEC

Borrowers may file complaints against registered lending companies engaging in abusive practices. The SEC has the authority to investigate and impose penalties, including suspension or revocation of licenses.

4. Seeking Police Assistance

If harassment involves threats of harm, victims may report to the Philippine National Police (PNP) or the National Bureau of Investigation (NBI). Cybercrime divisions handle cases involving online harassment or defamation.

IV. Tips for Protecting Yourself

1. Document Evidence

Save all messages, call logs, and screenshots of abusive interactions.
Record phone conversations, if legal in your jurisdiction.

2. Limit Information Sharing

Avoid granting lending apps access to your phone contacts or social media.
Review the permissions requested by apps and deny unnecessary access.

3. Block and Report Harassers

Block phone numbers or social media accounts used for harassment.
Report abusive content to social media platforms, which may remove it for violating community standards.

V. Conclusion

The law provides comprehensive remedies to address harassment by online lending applications in the Philippines. Victims are encouraged to assert their rights by reporting violations to the appropriate authorities and pursuing legal action when necessary. If you are experiencing such issues, consulting with a lawyer will help ensure your rights are fully protected.