---
kind: "section"
citation: "50 U.S.C. § 4042"
title: "50"
title_heading: "War and National Defense"
number: "4042"
heading: "Private right of action"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/4042"
units:
  - "Chapter 50 — Servicemembers Civil Relief"
  - "Subchapter VIII — Civil Liability"
---

# §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](/usc/50/3911.md?p=5) may award to a person aggrieved by a violation of this chapter who prevails in an action brought under [subsection (a)](#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.)

## Notes

### 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].”