Title 50 — War and National DefenseRelease 119-73not60
§4042 Private Right of Action
Title 50 › Chapter 50— SERVICEMEMBERS CIVIL RELIEF › Subchapter VIII— CIVIL LIABILITY › § 4042
Summary
Anyone harmed by a violation of this chapter can sue in civil court. They can ask the court to order fixes or make a formal ruling about rights, get other relief including money, and lead or join a class action under federal court rules even if they had agreed not to before. If they win, the court may make the defendant pay the case costs, including a reasonable lawyer’s fee.
Full Legal Text
Title 50, §4042
War and National Defense — Source: USLM XML via OLRC
(a)Any person aggrieved by a violation of this chapter may in a civil action—
(1)obtain any appropriate equitable or declaratory relief with respect to the violation;
(2)recover all other appropriate relief, including monetary damages; and
(3)be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
(b)The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (a)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Codification Section was formerly classified to section 597a of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments
2019—Subsec. (a)(3). Pub. L. 116–92 added par. (3).
Statutory Notes and Related Subsidiaries
Construction
Pub. L. 116–92, div. A, title V, § 547(b), Dec. 20, 2019, 133 Stat. 1378, provided that: “The
Amendments
made by subsection (a) [amending this section] shall not be construed to imply that a person aggrieved by a violation of such Act [the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.)] did not have a right to bring a civil action as a representative party on behalf of members of a class or be a member of a class in a civil action before the date of the enactment of this Act [Dec. 20, 2019].”
Reference
Citations & Metadata
Citation
50 U.S.C. § 4042
Title 50 — War and National Defense
Last Updated
Apr 5, 2026
Release point: 119-73not60