40 State AGs support Debt Bondage Repair Act

Published 3:00 pm Tuesday, May 10, 2022

Mississippi Attorney General Lynn Fitch and Delaware AG Kathleen Jennings led a bipartisan coalition of 40 AGs to write the Consumer Financial Protection Bureau this week to support the intent of the Debt Bondage Repair Act.

“Trafficking victims have been through an unspeakable experience,” Fitch said. “We should be doing all we can to help them to recover and rebuild their lives. The Debt Bondage Repair Act is an important step and we should support its implementation as broadly as possible with that purpose in mind.”

The Debt Bondage Repair Act was signed into law in December 2021. It prohibits credit rating agencies from providing consumer reports that contain negative items about human trafficking survivors from any period during which the individual was being trafficked. It is a common tactic of traffickers to strip their victims of their financial independence or stability in order to keep them trapped. Even after they escape their trafficking, these survivors are often left with a wrecked credit history that leaves them unable to rent an apartment, purchase a car, or find employment.

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As noted in the letter, “More than 1 in 4 survivors of human trafficking reported that a bank account or credit card which was opened in their name was then used or controlled by their trafficker. Traffickers can then mismanage the victim’s account, resulting in harm to their credit. This harm can linger for years after survivors have escaped their trafficking. Restoring financial independence is a crucial component of a survivor’s recovery. By regaining control over their finances, survivors reclaim and reassert their personhood in defiance of their traffickers. This takes bravery and time. Without some mechanism to help them, negative consumer reports that resulted from their trafficking become an almost insurmountable obstacle to simple tasks, like opening a bank account, renting an apartment, and applying for a job – all foundational steps as they try to get back on their feet. We welcome the Bureau’s proposal to implement the prohibition against reporting adverse information resulting from trafficking and to establish a method for submitting broadly-defined documentation of that trafficking, as contemplated by the Debt Bondage Repair Act.”

The letter was signed by Attorneys General of Mississippi, Delaware, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wyoming.

Read the entire letter here.