SCRA and new Private Right of Action

The Veterans Benefits Act of 2010 (PL 111-275, 124 Stat 2864) added an important new provision for service members who have been harmed by a violation of the federal Service Members Civil Relief Act.

Under Title VIII Civil Liability §802, the law provides:

(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.

50 U.S.C. app §597a