50 USC § 4042 - Private right of action

---
identifier: "/us/usc/t50/s4042"
source: "usc"
legal_status: "official_prima_facie"
title: "50 USC § 4042 - Private right of action"
title_number: 50
title_name: "WAR AND NATIONAL DEFENSE"
section_number: "4042"
section_name: "Private right of action"
chapter_number: 50
chapter_name: "SERVICEMEMBERS CIVIL RELIEF"
subchapter_number: "VIII"
subchapter_name: "CIVIL LIABILITY"
positive_law: false
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 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.

---

**Source Credit**: (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 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).  added par. (3).

## Statutory Notes and Related Subsidiaries

### Construction

> “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 (
> 
> 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 [
> 
> ].”

, , , provided that: