Online lending harassing Philippines

Question: What are my legal recourse if online lending applications keep harassing me?

Answer:

Harassment from online lending applications can be distressing. In the Philippines, there are various laws and regulations aimed at protecting borrowers from unfair and aggressive practices, including the Data Privacy Act of 2012, the Consumer Act of the Philippines, and regulations from the Securities and Exchange Commission (SEC).

What Constitutes Harassment?

Harassment may include incessant calls, sending derogatory messages, or publicly shaming the borrower for non-payment. Any actions that cause undue harm, stress, or embarrassment could be considered harassment.

What Legal Actions Can I Take?

1. File a Formal Complaint: Report the harassment to the SEC, which oversees lending and financing companies. The report should include all pertinent details and evidence like screenshots and call logs.

2. Data Privacy Act Violation: If the lending application disclosed your debt to other people without your consent, this may be a violation of the Data Privacy Act, which can be reported to the National Privacy Commission (NPC).

3. Civil Suit for Damages: In extreme cases, you can file a civil suit for damages under Article 32 of the Civil Code for violation of your constitutional rights.

4. Cease and Desist Letter: Sending a cease and desist letter can also serve as a formal request for the harassment to stop and may be used as evidence in any subsequent legal actions.

5. Engage with a Lawyer: Legal guidance can be beneficial in navigating complex regulatory frameworks and procedures involved in filing complaints or suits.

Are There Penalties for Lending Companies?

Yes, the SEC has the power to revoke the certificate of authority of lending companies that are found to have violated rules and regulations, including harassment of borrowers.

Conclusion:

You don't have to tolerate harassment from online lending applications. Philippine law provides several avenues for recourse, including filing complaints with regulatory bodies and taking legal action. Always consult a lawyer to explore the best course of action for your specific situation.