Bill
Bill > HB449
summary
Introduced
01/12/2026
01/12/2026
In Committee
03/03/2026
03/03/2026
Crossed Over
02/02/2026
02/02/2026
Passed
03/11/2026
03/11/2026
Dead
Vetoed
05/19/2026
05/19/2026
Introduced Session
2026 Regular Regular Session
Bill Summary
Civil actions filed on behalf of multiple persons; class actions; violations of Virginia Consumer Protection Act; award of damages. Provides that one or more members of a class may, as representative parties on behalf of all members, bring a civil action or may be proceeded against in a civil action, provided that (i) the class is so numerous that joinder of all members is impracticable, (ii) there are questions of law or fact common to the class, (iii) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (iv) the representative parties shall fairly and adequately protect the interests of the class. The bill further sets out the procedure to certify a class action, the duties of counsel appointed in a class action, the various orders a court may issue during the course of a class action, and the process by which a settlement, voluntary dismissal, or compromise may occur. The bill also applies the procedure by which an individual may be awarded damages in an action for a violation of the Virginia Consumer Protection Act to a class action. Finally, the bill permits the Court of Appeals to permit an appeal to be taken from an order certifying a class in accordance with the provisions of the bill or any other order that is not a final order of the circuit court in a class action. The bill has a delayed effective date of January 1, 2027. This bill is identical to SB 229.
AI Summary
This bill establishes a new framework for class actions in Virginia, allowing one or more individuals to sue on behalf of a larger group if certain conditions are met, such as the group being numerous, having common legal or factual issues, and the representatives adequately protecting the group's interests. It outlines the process for certifying a class action, including the court's role in defining the class, appointing legal counsel (class counsel) who must fairly represent the group, and managing the proceedings, which can include issuing various orders to ensure fairness and efficiency. The bill also details how settlements, dismissals, or compromises must be approved by the court, requiring notice to class members and a finding that the agreement is fair, reasonable, and adequate. Importantly, it extends the provisions for awarding damages under the Virginia Consumer Protection Act to class actions, specifically limiting damages to actual losses for class members. Furthermore, the bill allows for appeals of class certification orders and other non-final orders in class actions under specific circumstances, and it designates four specific circuit courts for venue in these cases, with a delayed effective date of January 1, 2027.
Committee Categories
Budget and Finance, Justice
Sponsors (6)
Marcus Simon (D)*,
Elizabeth Bennett-Parker (D),
Rae Cousins (D),
Marcia Price (D),
Irene Shin (D),
Kathy Tran (D),
Last Action
Vetoed by Governor (on 05/19/2026)
Bill Topics
Banking, Finance, and Domestic Commerce
- ‐ Consumer Safety and Consumer Fraud
Law, Crime, and Family Issues
- ‐ Civil Law and Procedure
Official Document
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