Where plaintiffs have brought a forced labor claim under the Trafficking Victims Protection Reauthorization Act, that count should be dismissed without prejudice because the plaintiffs have not alleged sufficient factual matter to support a plausible claim.
“Plaintiff-employees Guttemberg Dias De Souza, Lindomberg Dias De Souza, Melva Mendez, Frank Cruz, Santiago Tejeda, and Mathews Cardeal, bring this suit individually and on behalf of all other similarly situated putative class members (collectively, ‘Plaintiffs’) against their former employers, New American Used Auto Parts, Inc., D&B Auto Body Collision, Inc., Alex Rosa, and Wendy Diaz (‘Defendants’), alleging that Defendants failed to pay legally required minimum and overtime wages, engaged in unlawful deductions, retaliation, discrimination, and trafficking-related exploitation. …
“In Count VI, Plaintiffs assert claims under the Trafficking Victims Protection Reauthorization Act (‘TVPRA’), 18 U.S.C. §1595 et seq., based on allegations of forced labor. …
“Despite Defendants’ unsupported assertions to the contrary, Section 1595(a) unambiguously creates a private right of action without requiring any accompanying criminal proceeding. …
“… The TVPRA allegations in the Amended Complaint consist primarily of conclusory statements without the factual content necessary to evaluate whether these allegations state a claim under §1589. … Allegations that named Plaintiffs or potential class members, received drugs from...
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