Servicemembers Civil Relief Act gets updates

  • Published
  • By Capt. Dustin Kouba
  • Assistant Staff Judge Advocate
The Servicemembers Civil Relief Act is the greatest single statutory source of civil law protections for American military members and their families. President Barak Obama signed the Veterans' Benefits Act of 2010 into law Oct. 13, which contains significant improvements to the SCRA.

One change to the law is an improvement of the ability for servicemembers to terminate cell phone contracts. The updated law provides servicemembers with a right to terminate their contract under a broader set of circumstances than before.

If orders are received to a location out of cellular range for more than 90 days, an existing cell phone contract may be terminated. A family plan may be terminated by a parent or whoever pays the bill if the servicemember moves or deploys.

Poor service alone will not be grounds to terminate a cell phone contract.

A second positive change to the SCRA is that Congress clarified the statutory language leaving no doubt that early termination charges on residential and vehicle leases is prohibited.

Finally, Congress clarified that there is both a government and private right of action to sue those who violate the SCRA.

The private right of action allows for the recovery of attorney fees. This significantly improves the ability of a servicemember to seek civilian legal representation, sue those who have violated the SCRA and potentially receive compensation for his or her losses.

This clarification also helps avoid the rigorous and timely process of getting the Department of Justice involved.

Dyess attorneys and paralegals see SCRA issues on a daily basis and can provide appropriate resources for assistance.

For more information, visit the Dyess legal office on the second floor of the wing headquarters building or call (325) 696-2232.