Virginia Poised to Allow Civil Class Actions in State Courts

Bills advancing in the General Assembly would end Virginia's status as one of only two states prohibiting class actions in state courts.

Published on Feb. 8, 2026

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Virginia's General Assembly is considering bills that would allow civil class action lawsuits to be brought in state courts for the first time. The legislation, if passed, would end Virginia's status as one of only two states that currently prohibit class actions in state courts. Supporters say the change would expand access to justice and increase efficiency, while business and hospital groups warn of higher litigation risk.

Why it matters

The ability to file class action lawsuits in state courts could have significant implications for consumers, tenants, and other groups seeking to address unlawful practices affecting large numbers of people. Proponents argue it will make the legal system more accessible, while opponents are concerned about increased liability exposure for businesses and organizations.

The details

The bills, Senate Bill 229 and House Bill 449, would allow for civil class actions to be brought in Virginia state courts, provided certain statutory conditions are met, such as the class being large enough and having common questions of law or fact. Currently, class actions in Virginia are limited to federal courts. The legislation also includes a provision intended to reverse a 2014 state Supreme Court decision that required plaintiffs to show reliance on a violation of the Virginia Consumer Protection Act in order to obtain statutory damages.

  • The House of Delegates passed HB 449 on February 3, 2026 in a 64-34 vote.
  • As of February 9, 2026, SB 229 was awaiting review by the Senate Finance and Appropriations Committee after being reported from the Senate Courts of Justice Committee on January 21, 2026.

The players

Del. Marcus Simon

The chief patron for HB 449, which passed the House of Delegates.

Sen. Scott Surovell

The chief patron for SB 229 and the Senate majority leader.

Virginia Trial Lawyers Association (VTLA)

A group that has voiced support for the legislation.

Virginia Chamber of Commerce

A business group that has opposed the bills, arguing Virginia's lack of class actions has been a "badge of honor" for the state's legal climate.

Virginia Hospital and Healthcare Association

A group that has spoken against the bills, warning they would expose hospitals to significant risk.

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What they’re saying

“Virginia and Mississippi are the only two states in America without state level class actions. 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.”

— Sen. Scott Surovell, Senate majority leader (Virginia Lawyers Weekly)

“This is something that's needed to be done for a long time. Forty-eight other states already do this — the only two states that don't are Mississippi and Virginia. It just doesn't make any sense.”

— Jay Speer, CEO, Virginia Poverty Law Center (Virginia Lawyers Weekly)

“A lot of people think of class action lawsuits as those little cards that come in the mail and that it doesn't have as much impact as they would like. Virginians in general really have limited access to litigate a bunch of individual claims. They need a systemic way to fix unlawful practices that they're subject to, and a state class action mechanism would help them.”

— Victoria Horrock, Senior supervising attorney, Legal Aid Justice Center (Virginia Lawyers Weekly)

What’s next

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The takeaway

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