Us Code § 4042 - Private right of action
Full text of Us Code United States Code § 4042 — Private right of action, with citation guidance and answers to common questions.
§ 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.
(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). 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]."
About This Section
50 U.S.C. § 4042 is part of Title 50 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 50 U.S.C. § 4042. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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