The SCRA and Motor Vehicles - Auto Loans Vroom into the Forefront of Enforcement

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In 2003, Congress passed the Servicemembers Civil Relief Act (SCRA or “Act”), which updated and replaced the Soldiers’ and Sailors’ Civil Relief Act. The SCRA has been described as the “greatest single statutory source of civil-law protections for American military members and their families.” The purpose of the law is to “provide for, strengthen, and expedite the national defense” by allowing servicemembers “to devote their entire energy to the defense needs of the Nation.”

The SCRA offers a multitude of protections to active duty servicemembers regarding various obligations ranging from residential mortgages to motor vehicle financings. Since its enactment, Congress has amended the SCRA several times to enhance and extend the law’s existing protections. For example, in 2010, Congress passed the Veterans’ Benefits Act of 2010 (P.L. 111-275), which amended the SCRA by providing the Department of Justice (DOJ) with explicit authority to bring civil actions against those violating the Act.iv P.L. 111-275 also created a private right of action for protected individuals under the Act.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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