Document text
Date: [DD MONTH YYYY]
VIA E-MAIL TO [DPO E-MAIL ADDRESS OF THE LENDING COMPANY] AND [CUSTOMER SERVICE E-MAIL]
[ALSO SENT BY REGISTERED MAIL TO THE ADDRESS BELOW, IF AVAILABLE]
To:
The Data Protection Officer
The Compliance Officer / Customer Service Department
[REGISTERED CORPORATE NAME OF THE LENDING OR FINANCING COMPANY]
App / brand name: [NAME OF THE LOAN APP]
SEC Registration No. [NUMBER] · Certificate of Authority No. [NUMBER, IF SHOWN IN THE APP]
[COMPANY ADDRESS]
From:
[YOUR FULL NAME]
Loan account / reference no. [NUMBER] · Registered mobile no. [NUMBER]
[YOUR E-MAIL ADDRESS]
Subject: Written notice of privacy violation and unfair debt collection — demand to stop within fifteen (15) calendar days
Dear Sir/Madam,
I am a borrower of [APP NAME] under loan account no. [NUMBER], released on [DATE] in the amount of ₱[AMOUNT], due on [DATE]. [I do not deny the loan. / I dispute the amount being collected because ___.] I write to inform you, in writing, of the following acts committed by your company, your collectors, or third-party service providers acting for you.
1. What happened
Date and time Who contacted / what was done Who received it Proof
[DATE, TIME] [e.g., COLLECTOR "___" FROM NUMBER 09__ SENT A TEXT CALLING ME A SCAMMER] [ME / MY SISTER / MY EMPLOYER / PERSONS IN MY PHONE CONTACTS] [SCREENSHOT 1]
[DATE, TIME] [e.g., MESSAGE TO MY CONTACTS SAYING I AM A FUGITIVE AND SHOWING MY PHOTO] [NAMES OR NUMBER OF PEOPLE] [SCREENSHOT 2]
[DATE, TIME] [e.g., CALL AT 11:30 P.M. THREATENING TO FILE A CRIMINAL CASE AND VISIT MY HOUSE] [ME] [CALL LOG / RECORDING]
[ADD ROWS AS NEEDED]
None of the persons contacted other than me is a co-maker or guarantor of my loan.
2. Why these acts are unlawful
1. SEC Memorandum Circular No. 18, Series of 2019, Section 1, prohibits lending and financing companies and their third-party collectors from, among others: threats of violence or of action that cannot legally be taken; obscenities, insults or profane language; disclosure or publication of borrowers' names and personal information; false representation or deceptive means; contact before 6:00 A.M. or after 10:00 P.M. (unless the account is more than 15 days past due or I expressly agreed); and contacting persons in my contact list other than those named as guarantors or co-makers, even if I gave consent.
2. Under Section 3 of the same Circular, you remain responsible for the acts of any collection agency you hire.
3. Under the Data Privacy Act of 2012 (Republic Act No. 10173), Section 16, I have the right to be informed, to access my personal information and know its recipients, and to have personal information that is unlawfully obtained or used for unauthorized purposes suspended, withdrawn, blocked, removed or destroyed.
3. My demands
Within fifteen (15) calendar days from your receipt of this notice, please:
1. Stop contacting any person in my phone contacts, my employer and anyone other than me about my loan, and stop all threats, insults and posts about me.
2. Stop processing and delete my phone contacts, photos and any other data collected from my phone that are not necessary for my loan, and tell me in writing which third parties received them.
3. Give me, in writing: (a) the full name of each collector who contacted me and the company they work for; (b) a statement of account showing principal, interest, fees and penalties; and (c) the name and contact details of your Data Protection Officer.
4. Communicate with me only through [MY E-MAIL ADDRESS ABOVE / MY REGISTERED MOBILE NUMBER], between 6:00 A.M. and 10:00 P.M.
If you do not take appropriate action or do not respond within fifteen (15) calendar days, I will file a complaint with the National Privacy Commission and with the Securities and Exchange Commission, attaching this notice and proof that you received it, without prejudice to other remedies under the law.
This notice does not waive any of my rights.
Respectfully,
______________________________
[YOUR FULL NAME]
[MOBILE NUMBER] · [E-MAIL]
Attachments:
1. Screenshots of messages and posts (numbered, with dates and sender numbers)
2. Call logs / recordings
3. Loan agreement or screenshots of the loan details in the app
4. [STATEMENTS OF PERSONS IN YOUR CONTACTS WHO RECEIVED MESSAGES, IF ANY]
NOTES BEFORE SENDING — delete this part
Why send this first: the National Privacy Commission will generally not give due course to a complaint unless you first informed the company in writing and it did not act, or did not respond within 15 calendar days from receiving your written notice (NPC Rules of Procedure, Rule II, Section 2). The NPC may waive this for serious cases.
Find the company's real name: look for the corporate name, SEC registration and Certificate of Authority number in the app, its privacy notice or the Play Store / App Store listing. Use the DPO e-mail from the privacy notice.
Keep proof of receipt: e-mail with a read receipt or the company's acknowledgment, or a registered mail receipt. The 15 days run from receipt.
Collect evidence now: screenshots with date, time and sender number; ask relatives and friends who received messages to send you screenshots.
The loan itself: this notice does not cancel the debt. If you can, pay or ask for a restructuring in writing — and keep paying only through official channels.
Threats or posts with your photo may also be reported to the police (PNP Anti-Cybercrime Group) or NBI; that is separate from this notice.
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