Trafficking Victims Protection Reauthorization Act

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7^th Circuit Court of Appeals

Case Name: G.G. v. Salesforce.com, Inc.

Case No.: 22-2621

Officials: Sykes, Chief Judge, Easterbrook, Rovner, Brennan, Scudder, St. Eve, K Irsch, Jackson -Akiwumi, Lee, and Pryor, Circuit Judges.

Focus: Trafficking Victims Protection Reauthorization Act

At the age of 13, G.G. fled her home and tragically fell victim to a sex trafficker who used the now-defunct Backpage.com to advertise her services. In response, G.G. filed a lawsuit under the Trafficking Victims Protection Reauthorization Act (18 U.S.C. 1595). This Act empowers sex trafficking victims to seek damages from those involved in their trafficking, as well as from anyone who knowingly benefits from participating in a venture they knew or should have known engaged in sex trafficking. G.G. contends that Salesforce should have been aware that Backpage.com was involved in sex trafficking of minors, as Salesforce had a significant business relationship with Backpage, offering guidance and tailored software services while “knowingly benefiting from its participation.”

The Seventh Circuit Court rejected arguments that a “venture” must be primarily focused on sex trafficking, that a participant should possess constructive knowledge of the specific victim, that “participation in a venture” necessitates direct involvement in a “common undertaking or enterprise involving risk and potential profit,” and that knowing benefit entails the sex trafficker providing the participant with a benefit because of their facilitation of the sex trafficking venture, with the participant being aware of the reason for the benefit. These arguments sought to impose limitations on the civil remedy that were inconsistent with the language of the statute.

Appeal for rehearing en banc denied

Decided 10/18/23

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