U.S. Code » Title 50 » Chapter CHAPTER 50— SERVICEMEMBERS CIVIL RELIEF › Subchapter SUBCHAPTER VIII— CIVIL LIABILITY

50 U.S.C. § 4042

Private right of action

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(a) In generalAny 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) Costs and attorney fees

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.

(Oct. 17, 1940, ch. 888, title VIII, § 802, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877; amended Pub. L. 116–92, div. A, title V, § 547(a), Dec. 20, 2019, 133 Stat. 1378.)Editorial NotesReferences 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 SubsidiariesConstruction

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].”

Notes of Decisions
Cited in 8 cases (5 in the last 5 years), 2016–2026 · leading case: Jacob McGreevey v. Phh Mortgage Corporation
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Jacob McGreevey v. Phh Mortgage Corporation (2018) ca9 “” 50 U.S.C. § 4042 (a) (2018); Veterans Benefits’ Act of 2010, Pub.”
Kimball v. Orlans Associates P.C. (2016) ca6 “” 50 U.S.C. § 4042 (a). True enough. But to the extent they claim § 4042 allows them to vindicate Richard’s rights under the SCRA, they provide no support.”
Pablo Espin v. Citibank, N.A. (2025) ca4 · cites it 6× “” 50 U.S.C. § 4042 (a)(3). The 3 USCA4 Appeal: 23-2083 Doc: 72 Filed: 01/27/2025 Pg: 4 of 17 court explained that, “[w]hile the SCRA is silent as to arbitration specifically, it was nonetheless amended to codify the unwaivable right of servicemembers to bring and participate in…”
Nelson v. Guardian Towing, Inc (2023) casd · cites it 2× “Code § 3924 against each Defendant and for Plaintiff, and, 22 e) Award of actual damages pursuant to 50 U.S.C. § 4042 (SCRA) against each Defendant and for Plaintiff, and, 23 f) Award of actual damages pursuant to Cal.”
Latasha Rouse v. Matthew Fader (2026) ca4 · cites it 2× “50 U.S.C.A. § 4042. However, though Congress specified that servicemembers should receive these procedural protections before judgment is entered against them, Plaintiffs suffered harm because various states did not comply with Congress’s requirements.”
Nelson v. Guardian Towing, Inc (2024) casd “” 50 U.S.C. § 4042 (a). Notwithstanding 20 the defense’s preference for state law, the Court must use federal law to interpret whether 21 the critical term “appropriate relief” includes emotional-distress damages.”
Magee Portee v. Morath (2023) txwd “” 50 U.S.C. § 4042 (b). Portèe has prevailed in an action brought under subsection (a) as she has “obtain[ed] .”
Ruman v. Federal Deposit Insurance Corporation (2020) wawd “" 50 U.S.C. § 4042 (a) (2018); Veterans Benefits' Act of 2010 … The conclusion that no implied right existed prior to the 2010 21 amendment also fits with the underlying purpose of the legislative scheme, which was "made to suspend enforcement of civil liabilities, .”
— 50 U.S.C. § 4042(a) — 1 case
Latasha Rouse v. Matthew Fader (2026) ca4 “50 U.S.C.A. § 4042. However, though Congress specified that servicemembers should receive these procedural protections before judgment is entered against them, Plaintiffs suffered harm because various states did not comply with Congress’s requirements.”
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