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Bill > HB449


VA HB449

VA HB449
Civil actions filed on behalf of multiple persons; class actions.


summary

Introduced
01/12/2026
In Committee
02/18/2026
Crossed Over
02/02/2026
Passed
Dead

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.

AI Summary

This bill establishes a comprehensive 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, and managing proceedings, and also details how settlements, dismissals, or compromises must be approved by the court after a fairness hearing. Importantly, this bill extends the procedures for awarding damages under the Virginia Consumer Protection Act (VCPA) to class actions, clarifying that individuals in a class action alleging VCPA violations do not need to prove they personally relied on a prohibited practice to claim a loss. Furthermore, it allows for appeals of orders that certify or deny class certification, and other non-final orders in class actions if they involve significant legal questions, with a delayed effective date of January 1, 2027.

Committee Categories

Budget and Finance, Justice

Sponsors (6)

Last Action

Reported from Courts of Justice and rereferred to Finance and Appropriations (10-Y 4-N) (on 02/18/2026)

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