BusinessMirror

4 online money lenders told to stop operations

- By VG Cabuag @villygc

The Securities and exchange Commission (SEC) has ordered four online money lenders to stop offering and providing loans to the public, as they do not have a license and they employ abusive collection practices.

The SEC issued the cease-and-desist order against Cashab, Cashocean, Kwikpeso and Little

Cash, together with their owners, Cashab Lending Co., Mimosa Credit Ltd. and Zamoya Credit Ltd.

The order was released on April 14 during the SEC'S en banc session.

The SEC directed the online lending operators to stop their online operations and the advertisin­g of their products.

Cashab, Cashocean, Kwikpeso and Little Cash have offered and provided loans to the public without a validly subsisting Certificat­e of Incorporat­ion and Certificat­e of Authority to Operate as a Lending or Financing Company from the SEC.

The SEC noted that the online lending operators also employ abusive practices to collect money from their clients, which constitute unfair debt collection practices prohibited under a 2019 SEC memorandum circular.

The online lending operators' mobile phone applicatio­ns gain access to personal informatio­n stored in borrowers’ mobile phones, including social media accounts, contact numbers and email addresses.

The operators then use such informatio­n to exact prompt payment. They would send a text blast to the borrower’s contacts to inform them about the borrower’s indebtedne­ss and their supposed refusal to pay the amount due.

In other cases, the borrower would be threatened with legal action or public shaming.

“The Lending Company Regulation Act of 2007 was enacted to prevent and mitigate, as far as practicabl­e, practices prejudicia­l to public interest,” the SEC said in their order.

“The abusive collection practices, misreprese­ntations, and unreasonab­le terms and conditions imposed by the online lending operators and their agents and representa­tives exemplify the practices that as a matter of policy, the State seeks to prevent,” it added.

Section 4 of Republic Act (RA) 9474, or the Lending Company Regulation Act of 2007, requires that a lending company be establishe­d only as a corporatio­n. It further provides that no lending company shall conduct business unless granted an authority to operate by the SEC.

Any person who shall engage in the business of lending without a validly subsisting authority to operate from the SEC may face a fine ranging from P10,000 to P50,000 or imprisonme­nt of six months to 10 years or both, under Section 12 of the Lending Company Regulation Act.

RA 5980, or the Financing Act of 1998, punishes the act of engaging in the business of a financing company without the requisite authority from the SEC with a fine of not less than P10,000 and not more than P100,000 or imprisonme­nt for not more than six months or both.

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