SIFMA on the Servicemembers Civil Relief Act

Published on:
March 19, 2015
By:
  • Kevin Carroll

On March 17, 2015, the New York Times reported on a bill last year, in the prior Congress, that would have amended the Servicemembers Civil Relief Act (SCRA) to allow servicemembers to avoid the enforceability of arbitration clauses.  The Times article cites SIFMA as opposed to the bill on the basis that servicemembers are not being harmed by arbitration clauses.

Here’s the rest of the story:  The SCRA is generally limited to contracts for rent, installment contracts, mortgages, liens, assignments, leases, and the like.  The bill, however, as originally drafted, could be read to ban arbitration clauses in any and all contracts entered into by a servicemember, and not just those enumerated in the SCRA.  While we do not believe that was the intent, our concern was that it painted arbitration clauses with too broad a brush.

SIFMA represents the interests of financial services firms and their financial advisers who help clients meet their savings, retirement and other financial goals.  Arbitration of broker-dealer disputes has long been used as an alternative to the courts because it is fair, and because it is a faster and less expensive means of resolving disputes.  The securities arbitration system has worked well for decades because it is subject to public oversight, regulatory oversight by multiple independent regulators, and rules of procedure that are designed to benefit investors – including servicemembers.

SIFMA does not speak for all business interests whose contracts are covered by the SCRA, nor do we vouch for all arbitration systems, some of which could well benefit from reform or enhancements to better protect consumers, including servicemembers.

We can only speak for our own arbitration system – the securities arbitration system – which we are proud to stand behind and hold up as a benchmark for fairness and protection for investors.  For more information, visit the SIFMA Pre-Dispute Arbitration Resource Center.

Kevin Carroll

Managing Director and Associate General Counsel

SIFMA

Details

More Content

  • Press Releases
    Oct 26, 2026

    SIFMA Conducts Successful Industry-Wide Business Continuity Test

    SIFMA successfully conducted its 2026 Industry-Wide Business Continuity Test, with more than 90 entities testing operational resilience and recovery plans.
  • Pennsylvania + Wall
    Oct 22, 2026

    From AI to Investor Expectations: What’s Changing in Wealth Management

    Explore key takeaways from SIFMA's 2026 Social Media & Digital Marketing Seminar on AI, digital engagement, regulation, and evolving investor expectations.
  • Pennsylvania + Wall
    Oct 20, 2026

    BloombergTV: Ken Bentsen on Tokenization, Market Modernization and What Comes Next

    SIFMA's Ken Bentsen discusses tokenization, market modernization and the opportunities and challenges shaping the future of capital markets.

Get the latest trends, stats, and research on financial markets and securities.