Nation

SENATOR FILES BILL VS UNFAIR DEBT COLLECTION PRACTICES

/ 25 February 2023

SENATOR Sherwin Gatchalian filed a measure that will prohibit unfair and abusive debt collection practices.

“Kailangang wakasan natin ang mga pang-aabusong may kinalaman sa pangongolekta ng utang. Nakababahala na ang ating mga guro ang lubos na naaapektuhan ng ganitong mga pang-aabuso, kaya naman kailangan nating tiyakin na mabibigyan natin sila ng kaukulang proteksyon at maitataguyod natin ang kanilang kapakanan,” the chairman of the Senate Committee on Basic Education said.

Senate Bill 818 or the Fair Debt Collection Practices Act makes it illegal for debt collectors to harass, oppress, or abuse debtors in the collection of a debt.

The prohibited acts include the use or threat of violence, use of obscene or profane language and the disclosure, publication or posting of borrowers’ names.

The measure also prohibits a debt collector from using false, deceptive, or misleading representation or means to collect a debt.

The bill provides that any agreement entered into by the debtor and debt collector shall be deemed void if it is misleading.

The agreement will also be deemed void if it misrepresents the rights and powers of a person collecting the debt and the obligations or legal liabilities of a debtor.