NDA Reform in Sexual Abuse Cases: What Trey's Law and State Laws Mean for Your Rights

Reviewed by Survivor Rights Center · Updated 2026-06-27

What NDAs in Abuse Settlements Do and Why Reform Targets Them

A nondisclosure agreement in a civil abuse settlement is a contractual provision that prohibits the survivor from publicly disclosing certain information about the case as a condition of receiving the settlement payment. In child sexual abuse cases, NDAs often prevent survivors from naming the institution involved, describing what happened to them, identifying other potential victims, or warning communities about individuals who remain in positions of access to children. For institutions, NDAs limit reputational damage after a settlement. For communities, they eliminate information that parents, administrators, and others would need to make protective decisions.

Research and investigative reporting have consistently documented cases in which institutional NDAs allowed abusers to continue in positions of trust after civil settlements, because the NDA prevented the public from knowing a claim had been made. Advocates have argued that this is not a private contractual matter between individual parties but a public safety consequence of how settlements are structured. NDA reform legislation at both the state and federal level reflects legislative agreement with that argument.

The key distinction in NDA reform is between factual confidentiality and financial confidentiality. Factual confidentiality provisions require survivors to stay silent about what happened to them, who was responsible, and what institution was involved. Financial confidentiality provisions protect the specific dollar amount of the settlement. NDA reform laws, both enacted and proposed, generally target factual confidentiality while leaving financial confidentiality in place. This means reform allows survivors to speak about their experience without requiring them to disclose settlement amounts.

State by State: Which Laws Are Already in Effect

California enacted a law in 2016 banning NDAs in civil settlements involving felony sex offenses, child sexual abuse, and sexual assault against vulnerable adults. This was among the earliest state-level NDA bans in the country and covers a broad range of sexual abuse categories beyond childhood cases specifically. Tennessee enacted a law in 2018 voiding NDAs in child sexual assault civil claims. Missouri has enacted similar protections. These three states established a model that subsequent state legislation has largely followed.

Texas enacted its own Trey's Law at the state level in 2025. Unlike the California and Tennessee laws, the Texas version applies retroactively, meaning NDAs already in effect for child sexual abuse settlements are unenforceable under Texas law as of 2025, not just NDAs signed after the law took effect. This retroactive application is significant because it affects existing agreements, not only future ones.

In 2026, additional states are moving. Kansas lawmakers introduced a bill in February 2026. Oklahoma, Alabama, and Georgia are considering similar legislation. The geographic expansion of state-level NDA reform reflects growing recognition that community safety interests outweigh the institutional confidentiality interest that NDAs in abuse settlements have historically served. Survivors in any of the states with existing bans, or in states where legislation may pass in 2026, should understand that their existing NDA may already be or may soon become unenforceable regarding factual disclosures.

Federal Trey's Law: What It Proposes and Where It Stands

Federal Trey's Law was introduced in March 2026 with bipartisan sponsorship from senators across party lines. The federal bill would do what most state laws have not yet done: apply NDA reform nationally, in all 50 states, and retroactively. If enacted, NDAs in child sexual abuse and sex trafficking civil settlements would be void and unenforceable regardless of which state the settlement was reached in or which state's law was designated to govern the agreement.

The federal bill would also prevent new NDAs from being signed in covered settlements going forward. Unlike prospective-only reform, which leaves existing NDAs in place while preventing new ones, the federal bill's retroactive provision would void both: agreements signed before enactment and those signed after. Survivors who signed NDAs years or decades ago would, under the federal bill, have the same freedom to speak about the facts of their cases as survivors who settled after the law took effect.

As of mid-2026, federal Trey's Law has not been voted on in either the House or the Senate. Its passage depends on legislative priorities in a Republican-majority Congress. The bill does not currently provide any new legal rights. Survivors with existing NDAs should assess their rights under current state law, which in several states already provides protections that the federal bill would extend nationally. This Center provides general educational information about the state of these laws and does not provide legal advice specific to individual situations.

Six Things Survivors Should Know About NDA Law in 2026

NDA reform is moving on two tracks simultaneously: state legislation already in effect in several states, and a federal bill still working through Congress. Here is what every survivor should understand:

1. Which state's law applies to your NDA matters most: An NDA's enforceability under NDA reform depends on which state's law governs the agreement, not necessarily where you live now. If the settlement agreement specifies a governing law clause, that state's law is typically what matters.
2. California, Texas, Tennessee, and Missouri already have NDA bans: If your settlement was governed by the law of any of these four states, your NDA's factual confidentiality provisions may already be unenforceable. California's ban dates to 2016, Tennessee's to 2018, Missouri's is in effect, and Texas's retroactive law took effect in 2025.
3. Texas's law voids existing NDAs, not only future ones: Unlike most NDA reform legislation, Texas's 2025 Trey's Law applies retroactively. NDAs already signed and in effect for child sexual abuse settlements under Texas law are voided by this provision.
4. Federal Trey's Law would create a national standard but has not passed: The federal bill would extend retroactive NDA voiding to all 50 states if enacted. As of mid-2026 it has not been voted on and does not currently change any rights.
5. NDA reform does not require disclosing how much you received: Reform laws target factual confidentiality, meaning the requirement to stay silent about the facts of abuse. Financial terms, specifically the dollar amount of a settlement, are generally still protected as private information even under reform.
6. Consulting an attorney is the only reliable way to assess your specific NDA: NDA reform law varies by state and depends on specific language in each agreement. Only an attorney who has reviewed the actual document and identified which state's law applies can advise on what your NDA currently permits or prohibits.

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