Virginia May Allow Civil Class Actions in State Courts for the First Time

Virginia and Mississippi are the only two states that do not have statutes authorizing class actions in state courts. That could soon change in Virginia.

Senate Bill 229 and House Bill 449 are under consideration by the General Assembly. If passed, the bills would allow civil class actions under defined conditions. The change could significantly alter how complex, multi-party civil claims are handled in Virginia.  Supporters say the legislation could expand access to justice, while opponents such as the Chamber of Commerce argue it could lead to higher litigation risks for big businesses.

Why class actions matter for smaller claims

Currently, class actions filed in Virginia are generally only available in federal court. This means that many relatively small claims may not be economically feasible to litigate on their own. The cost of hiring counsel, court fees, and the time required to pursue a claim might not outweigh the potential recovery. As a result, claims involving low monetary amounts often go unaddressed, even when the underlying conduct may be unlawful.

Class actions allow individuals with similar claims to proceed together in a single lawsuit. Multiple plaintiffs can share litigation costs, which reduces per case costs and promotes efficiency.

Senator Scott Surovell, the patron of SB 229 and Senate majority leader, said in an email to Virginia Lawyers Weekly, “I want Virginia to join the rest of America, so that everyone can have access to the courthouse, especially when companies cause harms to large numbers of people in small amounts that are not economic to litigate.”

Senate Bill 229 and House Bill 449 explained

Senate Bill 229 will allow and create procedures for civil class actions in Virginia state courts. The bill outlines how class actions would be certified, the duties of counsel, and the orders courts may issue.

House Bill 449 is the House companion to SB 229 and has the same substantive goal: to authorize civil class actions in Virginia state courts.

Both bills  define conditions under which class actions can be brought. A state class action bill passed the Virginia House and Senate last year, but was vetoed by then Governor, Glenn Younkin. Governor Abigail Spanberger is expected to pass such legislation.

“This change is procedural; it’s not substantive,” Senator Surovell told the Senate Courts of Justice Committee on Jan. 21. He also confirmed that the bill would clarify that reliance is not required for statutory damages under the Virginia Consumer Protection Act.

Supporters emphasize access and efficiency as opponents raise litigation concerns

The proposed legislation has drawn strong reactions from both supporters and opponents. Both sides have differing views regarding how state-court class actions would affect Virginia.

Supporters of Senate Bill 229 and House Bill 449

Supporters of Senate Bill 229 and House Bill 449 say the legislation could make legal remedies more accessible and improve efficiency in the court system.

Many groups, including the Virginia Trial Lawyers Association, the Virginia Poverty Law Center, and the Legal Aid Justice Center, have voiced support for Senate Bill 229 and House Bill 449. They contend that allowing civil class actions in state courts enables individuals to challenge unlawful conduct that affects broader groups of people who have suffered low-value harm.

Virginia Poverty Law Center CEO Jay Speer told Virginia Lawyers Weekly that the lack of state-court class actions has long been a problem and cited a case involving tenants who lost their homes after a Hampton Roads high-rise was condemned. “There are about 90 clients, and they all have the same claims,” Speer said. “It doesn’t make sense to have to litigate each one by itself.”

Supporters say the proposed legislation is not about encouraging unnecessary lawsuits, but about giving courts an efficient tool to resolve widespread legal violations that currently fall through the cracks – particularly where individual damages may be modest, but the cumulative harm is significant.

Opponents of Senate Bill 229 and House Bill 449

Opponents, on the other hand, argue that allowing civil class actions in Virginia state courts could significantly increase litigation exposure for a wide range of corporate defendants.

Groups that spoke in opposition to the bill at the Jan. 21 Senate Courts of Justice Committee hearing included business organizations such as the Virginia Chamber of Commerce. Lobbying on behalf of the chamber, Edward Mullen told the committee that Virginia’s business community believes the absence of state-court class actions is a competitive advantage. “We’ve always felt that the relative advantage to individual class members versus the burden on the businesses doesn’t justify the policy shift,” he explained.

As of February 3, 2026, the House of Delegates passed HB 449 (in a 64-34 vote). SB 229 has moved through Senate Finance and Appropriations and continues through the legislative process.

How Phelan Petty, PLLC can help

If Virginia moves forward with allowing civil class actions in state courts, the change could open new pathways. Phelan Petty has served as co-counsel on many class actions filed in Virginia federal courts and looks forward to being able to expand that representation into state courts.

If you believe you have been harmed by unlawful conduct that affects others in similar circumstances or you are looking for experienced class action co-counsel, contact Phelan Petty, PLLC. We can help assess your available legal options and explain how a class action may apply to you if the law changes. We offer free consultations and are available to answer questions about evolving legal developments in Virginia.