What should I do if I am experiencing harassment by a lender?
It’s best to directly report the incident and relay any payment agreement or terms with a lender/financial institution to its governing government agency:
- For banks and credit card companies, you may reach out to the Bangko Sentral ng Pilipinas (BSP);
- For lending and financing companies, online lending apps, and microfinance institutions, you may contact the Securities and Exchange Commission (SEC); and
- For insurance companies, you may get in touch with the Insurance Commission (IC).
Further, the SEC also issued Memorandum Circular No. 18, series of 2019 on the prohibition of unfair debt collection practices of financing and lending companies including the use of threats to take any action that cannot be legally taken and the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a borrower. However, this does not cover high interest rates.
You may likewise check the SEC’s partial list of lending companies and financing companies with Certificate of Authority as of March 31, 2021 to see if the lending company you have transactions with is legitimate.
What should I do if I am experiencing any form of violation of my Data Privacy Rights?
If you are experiencing any form of violation of your Data Privacy Rights, you may contact the following government agencies:
- National Privacy Commission (NPC) via complaints@privacy.gov.ph;
- Philippine National Police Anti-Cybercrime Group via acg@pnp.gov.ph and pnpacgcfcu@gmail.com;
- National Bureau of Investigation Cybercrime Division via their official Facebook page; and
- Department of Justice – Office of Cybercrime via cybercrime@doj.gov.ph.
On 23 April 2021, the DOJ Office of Cybercrime has flagged the unlawful debt collection practices of online lending companies, citing the growing number of reports it has been receiving. On its public advisory, the agency said various laws prohibit these online firms from accessing the debtor’s phone contacts, posting their personal information, threatening them with death and physical injuries, and using profane language.
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