HB 449 Virginia House of Delegates · 2026 Regular Session

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

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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Vetoed
Apr 2026
Introduced Jan 12, 2026 Vetoed Apr 11, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

Civil Subcommittee Substitute Governor Substitute · 3 edits
MINOR
The bill was amended to narrow the scope of class actions by removing the 'superiority' requirement, which previously allowed courts to certify a class if it was more efficient than individual lawsuits. Additionally, the bill now strictly limits damages in class actions to actual damages only, removing the option to award statutory minimums or punitive multiples per violation. The effective date was also adjusted to remove a specific provision regarding the reversal of a prior court ruling.
Scope change
The bill's scope for class action certification was narrowed by eliminating the 'superiority' test, and the scope of recoverable damages was significantly reduced to exclude statutory minimums and punitive damages.
REQUIREMENT

Removed the requirement that a class action must be 'superior' to other methods for adjudication, making it easier to certify classes based solely on commonality and typicality.

ENFORCEMENT

Eliminated the ability to recover statutory minimum damages ($500 or $1,000) and punitive damages in class actions, limiting recovery strictly to actual damages.

TIMELINE

Removed the specific clause stating that the new damages limitation was intended to reverse a previous court ruling, while retaining the general effective date of January 1, 2027.

Floor votes · Senate Mar 3, 2026 · House of Delegates Feb 3, 2026

How they voted

390
Passed
Total votes 39
Mar 3, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
10
Committee
7
Apr 11, 2026
Vetoed
Governor's recommendation received by House
executive
Mar 12, 2026
Lower · Passed
Signed by Speaker
lower
Mar 11, 2026
Upper · Passed
Signed by President
upper
Mar 11, 2026
Lower · Passed
Bill text as passed House and Senate (HB449ER)
lower
Mar 4, 2026
Upper · Passed
Passed Senate (22-Y 18-N 0-A)
upper
Mar 3, 2026
Upper · Passed
Passed by for the day (Voice Vote)
upper
Mar 3, 2026
Upper · Passed
Reported from Finance and Appropriations (9-Y 5-N)
upper
Feb 18, 2026
Upper · Passed
Reported from Courts of Justice and rereferred to Finance and Appropriations (10-Y 4-N)
upper
Feb 4, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 3, 2026
Lower · Passed
Read third time and passed House (64-Y 34-N 0-A)
lower
Jan 28, 2026
Lower · Passed
Reported from Courts of Justice with substitute (14-Y 6-N)
lower
Jan 26, 2026
Lower · Passed
House subcommittee offered
lower
Jan 22, 2026
Committee
Assigned HCJ sub: Civil
lower
Jan 12, 2026
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 5 co-sponsors

Sponsors