Know your Rights!
You, as a debtor, have certain rights. Knowing those rights will help you handle a recovery agent.
In particular, the acts complained of include the following, among others:
(a) Accessing the debtors’ phone book/contacts list for purposes of sending them messages in the event of untimely and/or non-payment;
(b) Posting the debtors’ personal and sensitive personal information online for purposes of shaming them;
(c) Threatening debtors with death and physical injuries if they fail to settle their account balances; and
(d) Using profane language through text messages directly sent to the debtors and to the debtors’ references for purposes of shaming them.
Know the Rules!
You have a right to privacy. The recovery agent cannot discuss the debt with another person. So don’t panic if he threatens to tell neighbors or co-workers about your debt. If he does so, you can file a complaint against him.
The abovementioned acts are violations of the following laws, and rules and regulations:
(a) Republic Act (R.A.) No. 10175, or the Cybercrime Prevention Act of 2012, particularly, the offenses of Illegal Access[1] and Cyber Libel[2];
(b) R.A. No. 10173, or the Data Privacy Act of 2012, punishing the Unauthorized Processing of Personal Information and Sensitive Personal Information,[3] Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes,[4] and Malicious Disclosure;[5]
(c) the Revised Penal Code provisions on grave[6] or light[7] threats, grave[8] or light[9] coercions, or unjust vexation[10], all in relation to Section 6 of R.A. No. 10175; and
(d) Securities and Exchange Commission (SEC) Memorandum Circular No. 18, series of 2019, entitled, Prohibition on Unfair Debt Collection Practices of Financing Companies and Lending Companies.
Further, in view of the unfair debt collection practices and cyber harassments committed by the OLCs, victims may institute the necessary action/s against the OLCs and proceed accordingly to the respective Offices of which their action may belong to, to wit:
(1) before the National Privacy Commission (NPC), for violations of R.A. No. 10173, or the Data Privacy Act of 2012;
(2) before the Office of the Prosecutor, the National Bureau of Investigation–Cybercrime Division (NBI-CCD), or the Philippine National Police—Anti-Cybercrime Group (PNP-ACG), for violations of R.A. No. 10175 and the Revised Penal Code; and
(3) before the SEC, if the act/s is/are committed by a lending or financing company.
To combat or prevent the further commission of unfair debt collection practices and cyber harassment, the DOJ-OOC also encourages the public to report erring OLCs to the NBI-CCD, PNP-ACG, NPC, and the SEC.
[1] Section 4(a)(1), R.A. No. 10175.
[2] Section 4(c)(4), R.A. No. 10175.
[3] Section 25, R.A. No. 10173.
[4] Section 28, R.A. No. 10173.
[5] Section 31, R.A. No. 10173.
[6] Article 282, Revised Penal Code.
[7]
Article 283, Revised Penal Code.
[8] Article 286, Revised Penal Code.
[9] Article 287, Revised Penal Code.
[10] Article 287, paragraph 2, Revised Penal Code.
Aside from the mentioned, you may also:
1. Join Facebook Groups such as Petition To Stop Loan Shark And Financing syndicate Modus(Ola Lending scam) for updates and ongoing cases.
2. Email a report and attach pieces of evidence that prove they've violated your rights to the below email addresses:
- crd@nbi.gov.ph
- pnp.acg.wccpu@gmail.com
- pcc@malacanang.gov.ph
- director@nbi.gov.ph
- ccd@nbi.gov.ph
Let us know about your experience.
If you feel you are one of them, You are facing threat messages, Calls, Data-Hijacking? You are most welcome to sign this petition.
Save people from criminals. We need your support.
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