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Legislation · State law

Vermont Law Lets Coerced Debt Victims Clear Credit Reports

Vermont enacted H.385 (Act 106), which makes coerced debt incurred through domestic abuse, human trafficking, or exploitation of a vulnerable adult unenforceable once substantiated. Creditors and credit reporting agencies must investigate a survivor's documented claim and stop collection or remove the debt from the credit file.

May 20, 2026 · Analysis by Shawn Jaffer

Source
Vermont General Assembly
Decided
May 20, 2026
Bottom line
Starting July 1, 2028, Vermont survivors of abuse will have a specific state-law process to get coerced debts off their credit reports.

Background

“Coerced debt” is debt an abuser runs up in a victim’s name, by using the victim’s identity without consent or by forcing or tricking the victim into signing. It is common in abusive relationships and can follow a survivor for years through collection calls, lawsuits, and damaged credit. The federal FCRA’s identity theft tools, such as blocking under 15 U.S.C. § 1681c-2, do not fit well when the survivor technically signed, or when the abuser is a family member a creditor does not view as an identity thief.

Vermont’s legislature passed H.385, and Governor Phil Scott signed it on May 20, 2026, as Act 106. The coerced debt provisions take effect July 1, 2028, and apply to all outstanding coerced debt, including debt incurred before that date.

What the law does

Definition. Coerced debt is consumer debt in the debtor’s name incurred as a result of domestic abuse, human trafficking, or the abuse, neglect, or exploitation of a vulnerable adult, through the perpetrator’s unauthorized use of the debtor’s information or through force, intimidation, fraud, or similar means. Mortgage loans and commercial loans are excluded.

Documentation. A survivor submits a statement of coerced debt with “adequate documentation”: a law enforcement report, a court order finding the debt coerced, or a sworn certification from a qualified third-party professional.

Creditor duties. Within 10 business days, a creditor must stop collection, refrain from selling the debt, and notify any credit reporting agency it reported to that the debtor disputes the information. Within 30 days (extendable by 15), it must complete a reasonable investigation and decide whether the claim is supported, then explain its decision in writing within five business days. Substantiated coerced debt is not enforceable against the survivor. If the creditor sues anyway, the act adds protections on burden of proof, limitations, choice of law, and confidentiality.

Credit reporting agency duties. The act amends Vermont’s credit reporting dispute statute, 9 V.S.A. § 2480d. When a consumer gives a credit reporting agency a court order or a statement with adequate documentation, the agency must reinvestigate, and if it finds the debt coerced, “remove any reference to the debt” from the file and report.

The act also makes coerced debt a violation of Vermont’s Consumer Protection Act and lets survivors and creditors sue the perpetrator.

Our take

We think this is a well-designed law that fills a real gap. Federal law treats credit disputes as a question of whether information is accurate. For a survivor of coerced debt, the debt may be “accurate” in a narrow sense, because the account exists and her name is on it, yet it is unjust to hold her responsible. Vermont answers that by making substantiated coerced debt unenforceable, which in our view makes reporting it as owed inaccurate.

The documentation options matter. Requiring a police report alone would exclude many survivors, who often do not report abuse to police. Allowing a sworn certification from a qualified professional makes the process usable.

There are open questions. The 2028 effective date is a long wait. And the credit bureaus may argue that the FCRA’s preemption clause, 15 U.S.C. § 1681t(b), limits state rules for credit reporting agencies. Courts have disagreed on how broad that clause is, and a Texas federal court read it broadly in a medical debt case in August 2026. The creditor-side protections, which do not depend on the bureaus, may prove the most durable.

Vermont is not the first state to act; California, for example, enacted a coerced debt law in 2022. At the federal level, 15 U.S.C. § 1681c-3 already lets human trafficking survivors block adverse information resulting from trafficking, but no federal provision covers coerced debt from domestic abuse generally.

What it means if your report is wrong

If an abuser opened accounts or ran up debt in your name, start gathering documentation now: police reports, protective orders, and statements from advocates, counselors, or other professionals. You may already be able to dispute accounts under the FCRA as identity theft or as inaccurate, and Vermont’s law adds a specific remedy from July 2028. A free case review can assess how this law affects your claim, with no fee unless we win.

Sources

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Commentary we reviewed

Updated November 1, 2026. "Our take" is the firm's opinion. This page is general information, not legal advice, and later decisions may change the law.

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