Private right of action

1. Law
2. USC 50
3. War And National Defense
4. SERVICEMEMBERS CIVIL RELIEF
5. CIVIL LIABILITY
6. Private right of action

§4042. Private right of action

(a) In general

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) 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 .)

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).

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]."

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