DOJ warns online lending firms harassing borrowers
THE Department of Justice-Office of the Cybercrime on Monday came up with a public advisory against abusive online lending companies who are allegedly harassing borrowers in case of default in payment.
Signed by Atty. Charito Zamora, the DOJ released the advisory “in response to the increasing number of reports received and endorsed to it involving unfair debt collection practices and cyber harassments by online lending companies (OLCs).”
Among the complaints the DOJ have been receiving include accessing the debtors’ phone book/contacts list for purposes of sending them messages in the event of untimely and/or non-payment; posting the debtors’ personal and sensitive personal information online for purposes of shaming them.
Threatening debtors with death and physical injuries if they fail to settle their account balances; and using profane language through text message directly sent to the debtors and to the debtors’ references for purposes of shaming them.
The DOJ warned online lending companies engaged in such practices that they may be violating the Revised Penal Code (RPC); Republics Act 10175 or the Cybercrime Prevention Act of 2012; and RA 10173 or the Data Privacy Act of 2012.
“Republic Act (R.A.) No. 10175 criminalizes the crime of illegal access, which it defined as the access to the whole or any part of a computer system without right. ”
“The same law reaffirms the crime of libel under Article 3554 of the Revised Penal Code (RPC) committed through a computer system or any other similar means, which may be devised in the future,” the DOJ said.
Zamora said victims of these abusive online lending companies may file their complaints before the Philippine National Police-Anti-Cybercrime Group (PNP-ACG), the National Bureau of Investigation-Cybercrime Division (NBI-CCD), the National Privacy Commission (NPC), and the Securities and Exchange Commission (SEC).
“For instance, a debtor may be threatened with death, physical injuries and/or the public disclosure and sharing of his/her personal information online with the caption ‘scammer’. These are clearly constitutive of the crime of grave threats that is defined as the act of any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, ” Zamora said.
