Pub. L. 111-275, tit. III, sec. 303

ENFORCEMENT BY THE ATTORNEY GENERAL AND BY PRIVATE RIGHT OF ACTION.

EnactedYear: 2010Length: 799 wordsOfficial source
SEC. 303. ENFORCEMENT BY THE ATTORNEY GENERAL AND BY PRIVATE RIGHT OF ACTION.(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.” .(b) Conforming Amendments.—Such Act is further amended as follows:(1) Section 207 (50 U.S.C. App. 527) is amended by striking subsection (f).(2) Section 301(c) (50 U.S.C. App. 531(c)) is amended to read as follows:124 STAT. 2878 “(c) Misdemeanor.—Except as provided in subsection (a), a person who knowingly takes part in an eviction or distress described in subsection (a), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.”.(3) Section 302(b) (50 U.S.C. App. 532(b)) is amended to read as follows:“(b) Misdemeanor.—A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 107 of this Act, or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.”.(4) Section 303(d) (50 U.S.C. App. 533(d)) is amended to read as follows:“(d) Misdemeanor.—A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.”.(5) Section 305(h) (50 U.S.C. App. 535(h)) is amended to read as follows:“(h) Misdemeanor.—Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember’s dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.”.(6) Section 306(e) (50 U.S.C. App. 536(e)) is amended to read as follows:“(e) Misdemeanor.—A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.”.(7) Section 307(c) (50 U.S.C. App. 537(c)) is amended to read as follows:“(c) Misdemeanor.—A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.”.(c) Clerical Amendment.—The table of contents in section 1(b) of such Act is amended by adding at the end the following new items: “TITLE VIII— CIVIL LIABILITY “Sec. 801. Enforcement by the Attorney General. “Sec. 802. Private right of action. “Sec. 803. Preservation of remedies.”. 124 STAT. 2879