Survivors of human trafficking often face financial harm that continues long after the trafficking ends. It is not uncommon for traffickers to open accounts, take on debt, or misuse a survivor’s identity, leaving behind a damaged credit history.
Federal law now directly addresses this problem. The Fair Credit Reporting Act (FCRA) includes specific protections that allow survivors to remove harmful credit information tied to trafficking. These protections are not automatic, and not every situation is straightforward. But they provide a clear legal path to correct reporting that should never have existed in the first place.
What Changed Under Federal Law for Trafficking Survivors?
In 2021, Congress passed the Debt Bondage Repair Act, which amended the FCRA to address credit reporting abuse tied to human trafficking.
Under this framework:
- Credit reporting agencies cannot include negative information that resulted from trafficking
- Survivors can request that this information be blocked or removed
- Reporting companies must follow specific procedures once documentation is submitted
This is not a general dispute process. It is a targeted protection designed for a specific type of harm.
What Types of Credit Information Can Be Removed?
The law applies to adverse information that resulted from trafficking. That may include:
- Accounts opened by traffickers using a survivor’s identity
- Debts incurred under coercion or fraud
- Collections, loans, or financial obligations tied to exploitation
- Negative payment history linked to those accounts
If the financial activity had not occurred but for the trafficking, it may qualify for removal.
This protection is significant because it goes beyond correcting “errors.” It recognizes that the underlying activity itself was not legitimate.
How Does a Survivor Request Removal of This Information?
To trigger these protections, survivors must submit documentation to the credit reporting agencies.
That typically includes:
- Proof of identity
- Documentation showing they are a survivor of trafficking
- Identification of the specific items that should be removed
The law allows for various types of documentation, including certifications from qualified organizations or records from legal proceedings.
Once submitted, the reporting agency must evaluate the request and act within defined timeframes.
How Quickly Must Credit Reporting Agencies Respond?
Timing matters, and the law sets expectations. Once a reporting agency receives proper documentation:
- It must block the adverse information quickly (often within days)
- It must complete a full review within a defined period
- It must notify the survivor of the outcome
In many cases, agencies are required to block the information within a short window and then determine whether the documentation is complete.
These timelines are intended to prevent ongoing harm while the review is pending.
What If a Credit Reporting Agency Fails to Comply?
These protections only work if reporting agencies follow them. Regulators have already identified issues where companies:
- Failed to block trafficking-related information
- Delayed or denied valid requests
- Did not properly inform consumers of their rights
When agencies fail to meet their obligations, it takes an experienced consumer protection attorney to hold them accountable.
Does This Protection Apply in Florida?
Yes. The FCRA is a federal law, and these protections apply to survivors in Florida.
That means:
- Credit reporting agencies operating in Florida must comply
- Survivors in Florida can use this process to remove qualifying information
- Employers, landlords, and lenders relying on reports should not receive blocked information
The goal is to prevent survivors from being denied housing, employment, or financial opportunities based on harm caused by trafficking.
Does This Automatically Fix a Survivor’s Credit?
Not always.
While the law provides a clear mechanism for removing trafficking-related information, the process depends on:
- Whether the documentation is complete
- Whether the adverse items are properly identified
- Whether the reporting agency follows the required procedures
Some issues are resolved quickly. Others may involve delays or disputes about whether the information qualifies.
A Clear Path, But Not Always a Simple One
The FCRA now provides meaningful protection for survivors of human trafficking, but using those protections effectively requires informed guidance. Trust Lehrman Law to help you assess your situation and explore your legal options. Reach out today for a confidential consultation.