Significant TVPRA Decision Issued in Massachusetts – Broad Liability for Hotels and Franchisors

We're sharing an important new federal decision in a case where JLC partner Kim Dougherty represents the plaintiff alongside Bryan Blevins of Provost Humphrey, David Harris & Luis Sanchez of Sico Hoelscher Harris, and Annie McAdams.

This week, Judge Patti Saris issued a significant ruling in Doe v. Hilton Domestic Operating Co. (D. Mass.), denying motions to dismiss and allowing TVPRA claims to proceed against both a Hilton franchisee and Hilton itself. This is one of the most consequential MA decisions to date interpreting the TVPRA.

Judge Saris adopted an expansive view of “participation in a venture,” holding that hotels do not need to intend to facilitate trafficking or directly participate in it. Repeated room rentals, customized services to traffickers, and ignoring obvious industry-recognized red flags were sufficient to state a claim.

The court also confirmed that constructive knowledge does not require classic signs like bruises or physical abuse. Red flags such as cash or prepaid cards, do-not-disturb signs for days, trafficker presence at check-in, and multiple short-stay male visitors were enough to make the allegations “plausible.”

Most notably, the court held that Hilton may be held vicariously liable as a franchisor, recognizing that its training requirements, operational controls, monitoring systems, and required crime-reporting created a plausible principal-agent relationship under federal common law. This places Massachusetts among the most plaintiff-friendly jurisdictions for pursuing claims against both franchise operators and national hotel brands.

Judge Saris rejected arguments that trafficking falls outside a franchisee’s scope of authority simply because it is illegal. Renting rooms (even to traffickers) plausibly furthered Hilton’s economic interests, keeping it within the scope of agency.

This is a major win for survivors and a powerful tool for advocates. It significantly expands viable theories of liability, strengthens claims against franchisors, and ensures broad discovery into hotel policies, training, and oversight.

Kudos to Annie, Bryan, David, Luis and Kim for advancing such an impactful case!