A federal bill introduced in March 2026 and a growing number of state laws are voiding nondisclosure agreements in child sexual abuse civil settlements, including agreements already in force. Here is what survivors who signed NDAs need to understand about their rights.
Reviewed by Abuse Justice Center · Updated 2026-06-28
Sources: Texas Tribune on federal Trey's Law; The Spokesman-Review on state NDA reform; Click2Houston on the Senate bill.
When survivors of child sexual abuse settle civil claims, they are often asked to sign nondisclosure agreements as a condition of the settlement. These agreements typically prohibit them from publicly discussing what happened to them, who was responsible, and which institution was involved. For institutions, NDAs provide reputational protection after a settlement. For survivors, they mean that resolving a civil claim often comes at the cost of their ability to speak about their experience.
Federal Trey's Law, introduced in March 2026 with bipartisan sponsorship in Congress, would prohibit NDAs in new civil settlements involving child sexual abuse and trafficking. More significantly for survivors who have already settled, the bill would also retroactively void NDAs already in effect. This means survivors who signed such agreements as part of past settlements would no longer be legally bound by the confidentiality provisions regarding the facts of their case, though financial terms may remain protected.
The bill has not yet passed a Republican-majority Congress and does not currently provide any new legal rights. However, state law may already have changed the picture for many survivors, depending on where they live and where their settlement was reached. Understanding the current state of NDA law in your state is an important step that does not require waiting for federal legislation.
Several states have enacted NDA bans for child sexual abuse civil settlements that are already in effect. California enacted a ban in 2016 covering felony sex offenses, child sexual abuse, and sexual assault against vulnerable adults. Tennessee's 2018 law voids NDAs in child sexual assault claims. Missouri has similar protections in place. Texas enacted its own Trey's Law at the state level in 2025, retroactively canceling existing NDAs tied to child sexual abuse settlements under Texas law.
In 2026, more states are moving. Kansas lawmakers introduced a bill in February 2026. Oklahoma, Alabama, and Georgia are also considering legislation. The geographic spread of state-level NDA reform means that the law governing an individual survivor's existing NDA depends significantly on where that NDA was executed and what state's law governs the settlement agreement.
The key practical question for any survivor with an existing NDA is: which state's law applies to my agreement, and does that state have an NDA ban in effect? This is a legal question, not one with a universal answer, and it requires a civil attorney to review the specific agreement and advise on current enforceability. At Abuse Justice Center, that review is part of a free, confidential initial consultation.
Understanding the scope of NDA reform is important before a survivor draws conclusions about what they can or cannot say. NDA reform laws, both at the state level and as proposed federally, typically distinguish between two types of confidentiality provisions. The first is factual confidentiality: the requirement to stay silent about what happened, who was responsible, and what institution was involved. The second is financial confidentiality: the protection of the specific dollar amount of the settlement.
NDA reform generally targets factual confidentiality. Where reform applies, survivors would typically be free to describe what happened to them, identify the institution's role, and share their experience publicly without violating their settlement agreement. Financial confidentiality provisions, protecting the specific settlement amount, are typically left in place even under NDA reform legislation.
This distinction matters for survivors evaluating what they can do. NDA reform does not eliminate settlements or require survivors to disclose how much they received. It removes the requirement to stay silent about the underlying facts of abuse. For survivors who have been constrained by NDAs from speaking about what happened to them, reform legislation may restore an important form of autonomy that settlement came at the cost of. An attorney can advise specifically on what a given NDA does and does not currently prohibit.
NDA reform law is moving fast, and what was legally binding when you signed may not be fully binding today. Here is what every survivor with an existing NDA should understand:
Abuse Justice Center is a lawyer-matching and advocacy service, not a law firm, and nothing here is legal advice. Matching and consultations are free, and network attorneys work on contingency. Need support now? The RAINN hotline is 800-656-4673, 24/7.
Yes. Retroactive legislation can legally void provisions in agreements that were executed before the law took effect. Both Texas's state Trey's Law (2025) and the proposed federal Trey's Law include retroactive provisions. Whether these laws apply to your specific NDA depends on which state's law governs your agreement.
Federal Trey's Law would prohibit nondisclosure agreements in civil settlements involving child sexual abuse and child sex trafficking. It would also retroactively void such agreements already in effect. The prohibition targets factual confidentiality provisions, not necessarily financial confidentiality.
As of mid-2026, the federal bill has not been enacted and does not currently change any legal rights. However, state laws in Texas, California, Tennessee, and Missouri may already affect the enforceability of your NDA depending on which state's law applies to your agreement.
Contact a civil attorney for a free, confidential consultation. An attorney can review the specific language of your agreement, identify which state's law applies, and advise on whether current law has already changed what the agreement prevents you from doing.