'Human trafficking' or 'Modern slavery' refers to criminal behavior wherein traffickers exploit adults or children by compelling them to perform labor or engage in commercial sex. It is a CRIME when an individual younger than 18 is used to perform a commercial sex act, regardless of whether force, fraud or coercion is involved. The term ‘child prostitute’ is a misnomer: no such person exists.

Background Checks: Survivors of Human trafficking are often charged with crimes related to their exploitation. In the Consumer Protection world, these crimes can be considered 'Adverse Information' and are often reportable on Background Checks, or Consumer Reports. The Consumer Financial Protection Bureau CFPB lists examples of such Adverse Information, to include: records containing derogatory information, such as payment delinquencies or defaults reported to a Consumer Reporting Agency on a loan or large purchase, records of coerced debt where a loan is taken out by a Survivor of trafficking under force or threat, records of criminal arrests and convictions, and records of evictions or non-payment of rent.

Debt Bondage: Forced labor victims might also be victims of debt bondage, wherein they are deceived into working for insufficient or no pay to settle a debt. The employer or controller employs various tactics to ensnare the victim into an endless cycle of debt that can never be paid off, and may even be inherited by the family.

In June 2023, the CFPB published a process allowing Survivors to submit specific information directly to Background Check Companies, or Consumer Reporting Agencies. Adverse Information may be blocked from the Background Checks, or Consumer Reports, of Survivors. The process launched on July 25, 2022, and is now available to many victims and Survivors of Human trafficking in the United States.

Information Block: If the information on a Survivor’s Consumer Report is related to trafficking, it may be blocked. Examples of information a Survivor may wish to block from a Consumer Report include: 

• Prior evictions
• Late rental payments
• Credit card or loan defaults
• Unpaid bills that went to a collection agency
• Criminal charges incurred as a result of trafficking
• Bankruptcy filings

Survivors of Human trafficking are able to identify information on Consumer Reports, or Background Checks linked to trafficking. Beyond self-attestation, additional evidence proving the connection is not required. The information to be blocked may include adverse events that took place during or after trafficking, if directly related to or resulting from the trafficking.

During trafficking…

• You could not afford rent for housing rented prior to trafficking because the trafficker controlled your finances.
  Items that may be removed: Late rental payments; Loan defaults; Eviction records.

• The trafficker(s) created bank accounts in your name used by the trafficker(s).
  Items that may be removed: Account openings and closings.

• You were arrested and/or convicted of a criminal offense you were made to commit by your trafficker(s).
  Items that may be removed: Criminal records.

After trafficking…

• Your criminal record attributable to trafficking prevented you from getting a new job. Without steady income, you could not pay your rent.
  Items that may be removed: Criminal records; Late payments; Eviction records.

• Trafficker(s) used your identity documents or information obtained during trafficking to open credit cards in your name, and never paid the bills.
  Items that may be removed: Credit card defaults, Account openings and closing.

• You sought medical treatment for trauma or injuries sustained during trafficking but were unable to pay medical debt, because the trauma or injuries prevented you from working.
  Items that may be removed: Unpaid bills that went to a collection agency. 

Survivors may begin by submitting the required information to the three largest Credit Consumer Reporting Agencies - Experian, Equifax, and TransUnion. To block credit report information such as adverse collection data, address history, etc., start with these Companies.

The CFPB created a "Dispute Block" process to allow Survivors of trafficking to block information from Background Checks. Background Check providers must obtain the “Dispute Block” directly from the Survivor or an Advocate acting on the Survivor’s behalf. Three documents are required to block information from your report:

1. Proof of Identity: Background Check providers need identifying documentation to ensure information is blocked from the correct Background Check.
Examples of proof of identity include:

a.   A copy of your Driver’s License

b.   A copy of your state-issued Identification Card

c.   A copy of your Passport

Note: It is common for trafficking Survivors to lack specific identification documents, a consistent street address, or access to other important pieces of information. Given this reality, Consumer Reporting Agencies have been directed to be flexible in dealing with Survivors with unique circumstances. In addition to standard documentation, agencies are expected to accept non-documentary methods of verifying identity, such as asking questions only the Survivor would be able to answer.

2. Trafficking Documentation: The Fair Credit Reporting Act (FCRA) law requires Survivors to submit supporting documentation as evidence that an individual is a Survivor of trafficking. Survivor determination is generally defined as documentation of a determination that a consumer is a Survivor of trafficking, made by one of the following:

• • Documents from a federal, state, local, or tribal governmental entity;
  • Documents from a non-governmental Organization or Human trafficking Task Force, including affiliated Survivor service providers authorized by a federal, state, local, or tribal government entity to identify Survivors of trafficking;
  • Court documents with a determination of Survivor status; and/or
  • A Self-Attestation Form (SAF) which is completed, signed or certified, and dated by the Survivor and a representative from a governmental entity, court, authorized nongovernmental Organization or licensed personnel, or Human trafficking Task Force.

Examples may include: Medical Professionals, Attorneys, Law Enforcement Task Forces, District Attorneys, Survivor Advocates, etc.  

Note: If submitting a Self-Attestation form with a NGO signature, you should ask the NGO to fill out the NGC Task Force Affiliation Letter.

For more information on documentation, contact your local trafficking Task Force, District Attorney’s office, or trafficking Survivor Services.

• Consumer Reporting Agencies have up to 4 business days upon receipt of the submission to temporarily block the Adverse Information from Consumer Reports, or Background Checks. 
• Consumer Reporting Agencies have up to 5 business days upon receipt of the submission to contact the Survivor or their Advocate about any missing information regarding their submission, if needed.
• Consumer Reporting Agencies have up to 25 business days upon receipt of the submission to make a final determination about whether the block will remain permanent, or the block will be rescinded.
• Consumer Reporting Agencies have up to 5 business days after a final determination is made to notify the Survivor of the outcome of the determination and provide the Survivor or their Advocate with a copy of their revised Consumer Report (at no cost) through the Survivor’s preferred communication method.  

Tips:

• Be assertive! Many Consumer Reporting Agencies (CRAs) may not be aware of the new law or their obligations under it. Remember that as a Survivor of trafficking, THIS IS YOUR RIGHT. 
• You may be the first Survivor to submit a block request to a CRA. If so, you are paving the way for OTHERS. It’s easy to get discouraged, but know that your advocate and MinistrySafe are behind you.

For talking points with CRAs, click here. 

Consumer Reporting Agencies can deny or rescind a block in limited circumstances:

1. The identity of the Survivor cannot be reasonably confirmed;
2. The Survivor did not provide documentation determining Survivor status from an accepted source; and/or
3. The Consumer Reporting Agency cannot identify the adverse credit information to be blocked.

Survivors have the right to appeal a Consumer Reporting Agency's decision. The Agency must provide information about the appeal process along with its final determination.