Subchapter VIII. Civil Liability
50 U.S.C. § 4042: Suing a Lender Under the SCRA, Fees Included
Official heading: Private right of action
In one line
Gives you a private right to sue over any SCRA violation for equitable relief and money damages, to bring or join a class action even if you signed an agreement saying otherwise, and to recover costs and a reasonable attorney fee if you win.
- The class action right applies notwithstanding any previous agreement to the contrary
- The court may award costs, including a reasonable attorney fee, to a prevailing aggrieved person
Text checked October 9, 2026
What § 4042 does to your money
Section 4042 makes SCRA rights worth money in your own hands. Any person aggrieved by a violation can bring a civil action for equitable or declaratory relief and for all other appropriate relief, including monetary damages. The court may award a prevailing plaintiff the costs of the action, including a reasonable attorney fee.
The fee clause is what makes a small-dollar case worth a lawyer’s time: a lender that charged you $1,800 in excess interest can end up paying your attorney far more than that. Since 2019 you may also bring or join a class action under the Federal Rules of Civil Procedure “notwithstanding any previous agreement to the contrary”, so a class waiver signed earlier does not stop a group case.
Before suing, document the violation: the date you sent notice and orders, the creditor’s response, and statements showing the overcharge or the repossession date. Section 3936 tolls the deadline to sue while you serve. The escalation path the site lays out (the creditor, then the CFPB, then legal assistance, then counsel) often recovers the money before a filing.
Guides on this site that apply § 4042
- Your Lender Broke the SCRA. Here Is How to Make Them Pay
A lender ignored the SCRA? 50 U.S.C. § 4042 lets you sue for your losses and make them pay your attorney. Plus how to complain to the DOJ and CFPB.
- Can't Be Evicted: SCRA Eviction Protection
Rent under the federal threshold means no eviction without a court order, and the judge must pause it 90 days. 50 U.S.C. § 3951 turns a notice into a fight.
- Lender Denied Your SCRA Request? The Escalation Playbook
Your lender ignored or denied your SCRA request? Work the ladder: written resubmission, the military desk, a CFPB complaint, JAG, the DOJ, then a lawsuit.
- Morningstar Storage Military Discount and the 2024 DOJ Auction Order
Morningstar lists military discounts but no rate. Its 2024 DOJ consent order requires a DMDC check before any auction and runs to November 2028.
- Public Storage Military Discount: None Listed, Rent Due on the 1st
Public Storage's pages list no military discount (October 2026). Rent bills on the 1st; ex-NSA renters must re-sign and recheck AutoPay. § 3958 blocks auctions.
- SCRA Compliance for Lenders & Servicers: The Audit-Ready Checklist
The creditor-side rules of the SCRA: § 3937 rate cap mechanics, DMDC verification, court-order gates, HUD-92070, the $79,380 penalty, and what DOJ fined for.
- Self-Storage Liens and the SCRA: No Auction
Storage payment lapsed while deployed? The facility cannot auction your belongings without a court order during service and for 90 days after. § 3958.
- The Biggest SCRA Settlements: Proof the Law Has Teeth
Santander $9.35M, CarMax $420K, Westlake $760K, and $484M for 149,000 troops since 2011. Proof the SCRA is enforced, with DOJ sources.
- The Most Common SCRA Violations, Ranked by What DOJ Made Companies Pay
64 DOJ SCRA actions by violation type: foreclosures, rate cap failures, repossessions, lease fees, towing auctions, default judgments, and how to report one.
The full text of 50 U.S.C. § 4042
From the United States Code, 2024 Edition, current through January 6, 2025, as published by the U.S. Government Publishing Office on GovInfo (retrieved October 10, 2026). No amendment enacted after the edition cutoff was found on Cornell LII or in GovInfo’s compiled SCRA (amended through Pub. L. 118-159, Dec. 23, 2024). House style: the Code’s em dashes before a list are shown as colons, and en dashes as hyphens or “to”; no word of the text is changed.
(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.
Enacted and amended by: (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.)
What changed, and when
The Office of the Law Revision Counsel’s amendment notes for § 4042, newest first.
- 2019: Subsec. (a)(3). Pub. L. 116-92 added par. (3).
Every section of the Act, including the short administrative ones without their own page, is on the section-by-section index.
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.