§ 4042. Private right of action

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1940

   Veterans’ Benefits Act of 2010

   Pub. L. 111–275 title III § 303(a) · 124 Stat. 2864

   Enacted · 50 U.S.C. § 4042

   Oct. 17, 1940, ch. 888, title VIII, § 802, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877

   Source evidence

   Code 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

   Enacted provision · exact public law section
   (a) In General.— The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new title: “TITLE VIII— CIVIL LIABILITY “SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL. “(a) Civil Action.— The Attorney General may commence a civil action in any appropriate district court of the United States against any person who— “(1) engages in a pattern or practice of violating this Act; or “(2) engages in a violation of this Act that raises an issue of significant public importance. “(b) Relief.— In a civil action commenced under subsection (a), the court may— “(1) grant any appropriate equitable or declaratory relief with respect to the violation of this Act; “(2) award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and “(3) may, to vindicate the public interest, assess a civil penalty— “(A) in an amount not exceeding $55,000 for a first violation; and “(B) in an amount not exceeding $110,000 for any subsequent violation. “(c) Intervention.— Upon timely application, a person aggrieved by a violation of this Act with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under section 802 with respect to that violation, along with costs and a reasonable attorney fee. “SEC. 802. PRIVATE RIGHT OF ACTION. “(a) In General.— Any person aggrieved by a violation of this Act may in a civil action— “(1) obtain any appropriate equitable or declaratory relief with respect to the violation; and “(2) recover all other appropriate relief, including monetary damages. “(b) Costs and Attorney Fees.— The court may award to a person aggrieved by a violation of this Act who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee. “SEC. 803. PRESERVATION OF REMEDIES.   “Nothing in section 801 or 802 shall be construed to preclude or limit any remedy otherwise available under other law, including consequential and punitive damages.” .

2. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. A title V § 547(a) · 133 Stat. 1198

   Added · 50 U.S.C. § 4042(a)(3)

   Pub. L. 116–92 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 116–92 added par. (3).

   Enacted provision · exact public law section
   (a) In General.— Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended— (1) in paragraph (1), by striking “and” at the end; (2) in paragraph (2), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(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.” .

2 of 2 references resolved to an enrolled provision