Title Federal Law Gives Trafficking Survivors the Right to Sue Businesses That Profited From Their Exploitation

Good Pine P.C.  |  Business Law & Commercial Litigation  |  New York · New Jersey

If you are a survivor of human trafficking, you may have the right to sue businesses that profited from your exploitation — not just the person who trafficked you. Federal law provides a civil remedy that allows survivors to seek financial compensation from hotels, landlords, banks, technology companies, transportation providers, and other enterprises that financially benefited from trafficking while ignoring signs that it was happening.

Many survivors do not know this legal remedy exists. This article explains what the law provides, who can be held responsible, and what survivors should understand about pursuing a claim.


The Law: 18 U.S.C. § 1595

The Trafficking Victims Protection Reauthorization Act (TVPRA) gives trafficking survivors the right to bring a civil lawsuit for financial compensation, entirely separate from any criminal case. Under 18 U.S.C. § 1595, a survivor can sue not only the person who directly trafficked them, but also any person or business that knowingly received a financial benefit from a venture that it knew or should have known was engaged in trafficking.

This is known as beneficiary liability. Congress designed it to reach the full economic infrastructure that makes trafficking possible — the rooms, the platforms, the financing, the transportation. When businesses profit from that infrastructure and fail to act on warning signs they knew or should have recognized, the law holds them accountable.


Who Can Be Held Liable

The TVPRA's beneficiary liability provision is broad. Federal courts have recognized claims against a wide range of defendants across multiple industries.

Hotels and motels are among the most frequently named defendants in TVPRA civil cases. When a hotel collects room fees from traffickers, observes signs of trafficking — excessive foot traffic, visible injuries, cash payments, requests not to be disturbed — and continues renting rooms without taking action, it may be liable. In July 2025, a federal jury in the Northern District of Georgia returned a $40 million verdict against an Atlanta-area hotel that failed to act despite repeated signs of trafficking on its premises. The jury awarded $10 million in compensatory damages and $30 million in punitive damages to the survivor.

Landlords and property owners who lease space to operations engaged in trafficking — including illicit massage businesses and fraudulent labor operations — may be liable for the rent they collected, particularly if they received notice of what was occurring and continued to accept payment.

Banks and financial institutions that process transactions connected to trafficking operations may face liability if they knew or should have known about the underlying activity. Major financial institutions have been named as defendants in TVPRA cases alleging that they maintained accounts and processed payments for known trafficking operations.

Technology and online platforms that provide advertising tools, communication services, or software used to facilitate trafficking have also been sued under the TVPRA. Courts have recognized that a company's knowledge of how its products are being used can be sufficient to establish liability.

Transportation companies — including ride-share services and commercial carriers — can face beneficiary claims if they profited from transporting trafficking victims while aware of, or willfully blind to, what was occurring.

Franchise operators and franchisors that exercise control over franchisee operations have been held liable even when the franchisor did not directly operate the location where trafficking occurred.

This list is not exhaustive. The statute's language is intentionally broad. Any business or individual that received a financial benefit from a trafficking venture and knew or should have known about the trafficking may be held accountable.


What a Survivor Needs to Show

To bring a beneficiary liability claim under the TVPRA, a survivor generally needs to establish three things. First, that the defendant received a financial benefit from the venture — rent, room fees, transaction fees, subscription revenue, franchise royalties, or any other form of payment connected to the trafficking operation. Second, that the defendant participated in a venture — a commercial relationship or enterprise — that engaged in trafficking. The defendant does not need to have participated in the trafficking itself; a lease, a banking relationship, a franchise agreement, or a software subscription can qualify. Third, that the defendant knew or should have known that the venture was engaged in trafficking. This is a negligence standard, not an intent standard. If warning signs were present and a reasonable business in the defendant's position would have recognized them, that may be enough.


You May Have More Time Than You Think

The TVPRA provides a ten-year statute of limitations. A survivor has ten years from the date the trafficking occurred to file a civil claim. If the survivor was a minor at the time, the ten-year period does not begin until they turn eighteen.

This means that even if the trafficking happened several years ago, the right to file a lawsuit may still be available. Many survivors assume it is too late. In many cases, it is not. Courts have also recognized that where a trafficker's conduct prevented a survivor from discovering the claim, the filing deadline may be extended further under the doctrine of equitable tolling.


What Compensation Is Available

The TVPRA allows survivors to recover compensatory damages for medical treatment, psychological care, lost income, rehabilitation, and pain and suffering. Courts may also award restitution calculated as either the minimum wage for every hour of the survivor's labor or the gross income the defendant received from the survivor's services, whichever is greater. In cases of particularly egregious conduct, punitive damages may also be available — the $40 million Georgia verdict included $30 million in punitive damages alone.

Under the TVPRA, attorneys' fees are mandatory: the defendant, not the survivor, is required to pay the survivor's legal costs if the survivor prevails. Defendants may also be held jointly and severally liable, meaning a single defendant can be required to pay the full amount of damages even where multiple parties were involved.

Many businesses that face TVPRA claims also carry commercial general liability insurance. Recent federal court decisions have held that TVPRA claims can trigger coverage under these policies, because the "knew or should have known" standard sounds in negligence rather than intentional misconduct. The existence of insurance coverage often creates a strong basis for settlement negotiations.


This Is a Civil Case, Not a Criminal Case

A TVPRA civil lawsuit is entirely separate from any criminal prosecution. A criminal case is brought by the government; a civil case is brought by the survivor and results in financial compensation paid directly to the survivor. You do not need a criminal conviction to bring a civil claim. You do not need to have cooperated with law enforcement, and you do not need the trafficker to have been arrested or charged. The standard of proof in a civil case is also lower: a preponderance of the evidence — more likely than not — rather than proof beyond a reasonable doubt.

Federal courts also routinely allow TVPRA plaintiffs to proceed under a pseudonym — for example, as "Jane Doe" or "J.G." — to protect the survivor's identity. You do not have to disclose your name publicly to pursue a claim.


If you are a survivor of human trafficking and want to understand whether you may have a civil claim against a business that profited from your exploitation, speaking with an attorney is the right first step. Good Pine P.C. represents trafficking survivors in civil claims under the TVPRA in New York and New Jersey. Initial consultations are confidential and without charge. Because the TVPRA requires defendants to pay survivors' legal fees upon a successful outcome, representation can be structured so that survivors are not responsible for legal costs out of pocket.

This article is provided by Good Pine P.C. for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney–client relationship with Good Pine P.C. Laws and legal standards vary based on specific facts and circumstances. For legal guidance tailored to your situation, please contact Good Pine P.C. directly.

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