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SCRASAVER

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

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.

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