Pull to refresh
Logo
Daily Brief
Following Why
States shield abuse survivors from coerced debt

States shield abuse survivors from coerced debt

Rule Changes
By Newzino Staff | |

New York becomes the eighth state to bar creditors from collecting debts incurred through domestic violence and trafficking

March 19th, 2026: Private Right of Action Becomes Available

Overview

For decades, abusers have weaponized debt against their victims—opening credit cards in partners' names, forcing them to sign loan documents under threat, running up charges they never agreed to. Even after escaping the relationship, survivors remained legally responsible for debts they never chose to incur. Starting February 16, 2026, New York joins seven other states in giving survivors a way out: creditors can no longer collect debts incurred through fraud, duress, or coercion, and survivors can dispute these debts with legal protection.

The stakes are substantial. Research shows 94 to 99 percent of domestic violence survivors experience economic abuse, with over half incurring coerced debt. The median debt burden per survivor exceeds $22,000. Nearly three-quarters of survivors report staying longer in abusive relationships because coerced debt destroyed their credit, blocking access to housing, employment, and financial independence. New York's law creates a structured dispute process, requires creditors to pause collection during review, and enables survivors to sue for damages—with the private right of action taking effect March 19, 2026.

Key Indicators

8
States with coerced debt laws
New York joins California, Connecticut, Maine, Texas, and three others with survivor protections
94-99%
DV survivors facing economic abuse
Nearly all domestic violence survivors experience some form of financial coercion
$22,000
Median coerced debt per survivor
Average financial burden carried by survivors of economic abuse
73%
Stayed longer due to debt
Share of survivors who remained in abusive relationships partly because coerced debt blocked their exit

Interactive

Exploring all sides of a story is often best achieved with Play.

Ever wondered what historical figures would say about today's headlines?

Sign up to generate historical perspectives on this story.

Sign Up

Debate Arena

Two rounds, two personas, one winner. You set the crossfire.

People Involved

Cordell Cleare
Cordell Cleare
New York State Senator (D-30th District) (Lead Senate sponsor of S1353)
Linda B. Rosenthal
Linda B. Rosenthal
New York State Assemblymember (D-67th District) (Lead Assembly sponsor of A3038)
Kathy Hochul
Kathy Hochul
Governor of New York (Signed S1353 into law with amendments)

Organizations Involved

EC
Economic Justice for Survivors Collective
Advocacy Coalition
Status: Led legislative advocacy for New York coerced debt law

A coalition of New York legal aid and domestic violence organizations that coordinated advocacy for coerced debt legislation.

Consumer Financial Protection Bureau
Consumer Financial Protection Bureau
Federal Agency
Status: Pursuing federal rulemaking on coerced debt

The federal agency responsible for consumer financial protection, currently developing rules to address coerced debt nationally.

National Consumer Law Center
National Consumer Law Center
Legal Advocacy Organization
Status: Leading federal advocacy and state model law development

A nonprofit that advocates for consumer rights and develops model legislation for state coerced debt protections.

Timeline

  1. Private Right of Action Becomes Available

    Legislation

    Survivors in New York can now file civil lawsuits against creditors who attempt to collect coerced debts, seeking declaratory judgments, damages, and attorney fees.

  2. New York Law Takes Effect

    Legislation

    The core provisions of New York's coerced debt law become active, barring creditors from collecting debts incurred through fraud, duress, or economic abuse.

  3. Hochul Signs New York Coerced Debt Law

    Legislation

    Governor Hochul signed S1353, making New York the eighth state to prohibit creditors from enforcing debts incurred through coercion, fraud, or economic abuse.

  4. Advocacy Groups Urge Hochul to Sign

    Advocacy

    More than 50 domestic violence and legal aid organizations called on Governor Hochul to sign the coerced debt bill without weakening amendments.

  5. New York Assembly Passes Coerced Debt Bill

    Legislation

    The Assembly passed A3038 by a vote of 97-48, sending the bill to the Senate.

  6. Connecticut Coerced Debt Protections Become Active

    Legislation

    Connecticut's law requiring creditors to suspend collection and review coerced debt claims within 60 days took effect.

  7. CFPB Launches Federal Rulemaking

    Policy

    The Consumer Financial Protection Bureau issued an Advance Notice of Proposed Rulemaking to address coerced debt under the Fair Credit Reporting Act.

  8. Consumer Groups Petition CFPB for Federal Rules

    Policy

    The National Consumer Law Center and Center for Survivor Agency and Justice petitioned the CFPB to amend federal regulations to treat coerced debt like identity theft.

  9. Connecticut Law Takes Effect

    Legislation

    Connecticut's Public Act 24-77 took effect January 1, 2025, requiring creditors to suspend collection and conduct good-faith review when survivors dispute coerced debt.

  10. NCLC Publishes Model State Law

    Policy

    The National Consumer Law Center released a model state coerced debt law to provide a template for legislatures seeking to protect survivors.

  11. New York Assembly Introduces Coerced Debt Bill

    Legislation

    Assemblymember Linda Rosenthal introduced A1309, establishing procedures for survivors to dispute coerced debts and obtain relief from collection.

  12. California Enacts First Comprehensive Coerced Debt Law

    Legislation

    Governor Newsom signed SB 975, requiring creditors to pause collection when survivors provide documentation of coerced debt. The law applies to debts incurred after July 1, 2023.

  13. Federal Debt Bondage Repair Act Signed

    Legislation

    President Biden signed the National Defense Authorization Act, which included the Debt Bondage Repair Act prohibiting credit agencies from reporting adverse information resulting from human trafficking.

Scenarios

1

CFPB Issues Federal Coerced Debt Rule in 2026

Discussed by: Consumer Financial Services Law Monitor, National Consumer Law Center analysis

The CFPB's regulatory agenda targets May 2026 for the next step in rulemaking. If the agency moves forward, it would amend Regulation V to include coerced debt in the definition of identity theft, creating uniform federal standards. This would give survivors in all 50 states access to dispute procedures currently available only in eight states, though final rules typically take 12-18 months after proposed rules.

2

More States Adopt Coerced Debt Laws by 2027

Discussed by: National Consumer Law Center model law tracking, state legislative observers

With New York joining seven other states and the NCLC's model law providing a legislative template, additional states may follow. States with active domestic violence coalitions and Democratic legislative majorities are most likely candidates. However, financial industry opposition focused on fraud concerns and compliance costs may slow adoption in business-friendly states.

3

Industry Challenges Trigger Narrowing Amendments

Discussed by: American Financial Services Association statements, Consumer Finance Monitor

Financial industry groups have warned that broad coerced debt laws could invite fraudulent claims and unfairly penalize good-faith creditors. If early implementation reveals high dispute volumes or evidence of abuse, industry lobbying could push states to add stricter documentation requirements or limit private rights of action—similar to the amendments Governor Hochul considered before signing New York's bill.

4

Federal Rulemaking Stalls Under New Administration

Discussed by: Consumer Finance Monitor regulatory analysis

The CFPB operates under executive branch authority, making its rulemaking vulnerable to changes in presidential priorities. If the agency's leadership shifts or budget constraints intensify, the coerced debt rulemaking could be deprioritized or abandoned, leaving reform to proceed state by state.

Historical Context

Protective Order Reforms (1970s-1980s)

1975-1985

What Happened

Until the late 1970s, a woman could not obtain a restraining order against an abusive spouse without simultaneously filing for divorce. Feminist advocates and the emerging battered women's movement pushed state legislatures to reform protective order laws, enabling emergency relief that included no-contact provisions and economic support. By 1980, 47 states had passed domestic violence legislation mandating changes to protection orders.

Outcome

Short Term

Survivors gained access to emergency restraining orders without being forced to end their marriages, and some economic relief became available through court orders.

Long Term

These reforms established the framework for treating domestic violence as a distinct legal category requiring specialized remedies, laying groundwork for the Violence Against Women Act in 1994.

Why It's Relevant Today

Coerced debt laws represent a similar expansion of survivor protections into a previously unaddressed domain—this time targeting economic abuse rather than physical safety. Like 1970s protective order reforms, these laws recognize that existing legal frameworks left survivors without meaningful recourse.

Fair Debt Collection Practices Act (1977)

March-September 1977

What Happened

Congress passed the Fair Debt Collection Practices Act (FDCPA) to curb abusive debt collection tactics including harassment, false statements, and unfair practices. The law created federal standards for how third-party debt collectors could contact consumers and what they could say, with enforcement through the Federal Trade Commission and private lawsuits.

Outcome

Short Term

Consumers gained the right to dispute debts in writing and stop harassing phone calls, with collectors facing liability for violations.

Long Term

The FDCPA established the principle that consumer debt collection operates within enforceable legal limits. It became the template for subsequent consumer protection laws and the foundation for CFPB oversight after 2011.

Why It's Relevant Today

Coerced debt laws build on FDCPA principles by adding a new category of protected consumers: those who never validly incurred the debt in the first place. Where FDCPA regulates how collectors pursue legitimate debts, coerced debt laws question whether the debt itself is enforceable.

Debt Bondage Repair Act (2021)

December 2021

What Happened

Congress included the Debt Bondage Repair Act in the National Defense Authorization Act, prohibiting credit reporting agencies from reporting adverse credit information that resulted from human trafficking. The CFPB implemented procedures allowing trafficking survivors to block negative items from their credit reports within four business days of providing documentation.

Outcome

Short Term

Human trafficking survivors gained a federal mechanism to remove coerced debt from credit reports, though the law did not address the underlying debt itself.

Long Term

The law established federal recognition that some debts result from coercion rather than voluntary agreement, creating precedent for broader coerced debt protections.

Why It's Relevant Today

The Debt Bondage Repair Act addressed credit reporting but not debt collection—survivors could clean their credit reports but still faced collection lawsuits. State coerced debt laws and proposed CFPB rules aim to close this gap by making coerced debts unenforceable, not just unreportable.

12 Sources:
+6
National Consumer Law Center Digital Library Consumer Financial Services Law Monitor New York State Senate New York Focus Spectrum News Consumer Financial Protection Bureau Federal Register Scholars Strategy Network Consumer Protection National Consumer Law Center Her Justice New York City Bar Association