United States of America v. CarMax, Inc.

Fairfax, Virginia, commercial litigation lawyers represented the Defendant accused for violating the Servicemembers Civil Relief Act (SCRA) by illegally repossessing motor vehicles owned by members of the military.

The Justice Department alleged that CarMax repossessed servicemember vehicles without obtaining court orders as required by federal law, as well as repossessed some vehicles even after owners told CarMax that they were in military service. CarMax also allegedly failed to extend SCRA protections to reservists who had received orders to report for active duty. In addition to paying a civil penalty and compensation to harmed individuals, CarMax will revise its policies and procedures to ensure that the rights of U.S. servicemembers are protected in the future.

The SCRA is a federal law that provides legal and financial protections for servicemembers and their families. The law prevents an auto finance or leasing company from repossessing a servicemember’s vehicle without first obtaining a court order, as long as the servicemember made at least one payment on the vehicle before entering military service. For members of a reserve component, the protections begin on the date the member receives orders to military service.

This case was handled by the U.S. Attorney’s Office for the Eastern District of Virginia and the Civil Rights Division’s Housing and Civil Enforcement Section. Since 2011, the Department has obtained over $484 million in monetary relief for over 149,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.

Service members and their dependents who believe that their rights under the SCRA may have been violated should contact the nearest Armed Forces Legal Assistance Program Office.

As part of the settlement, CarMax will pay at least $420,000 in damages to servicemembers and a civil penalty of $79,380 to the United States.