50 U.S.C. § 4042
Section 4042 · Private right of action
This is the Servicemembers Civil Relief Act
Amended 3 times on record
Applied in 3 court decisions — leading case Kimball v. Orlans Associates P.C. (2016)
Most recently applied in Jacob McGreevey v. Phh Mortgage Corporation (July 2018)
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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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]."