HB449 • 2026

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

An Act to amend and reenact §§ 17.1-405 and 59.1-204 of the Code of Virginia and to amend the Code of Virginia by adding in Title 8.01 a chapter numbered 5.2, consisting of sections numbered 8.01-267.10 through 8.01-267.16, relating to civil actions filed on behalf of multiple persons; class actions; violations of Virginia Consumer Protection Act; award of damages.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Simon
Last action: 2026-05-19
Official status: Governor's Veto
Effective date: Not listed

Plain English Breakdown

The bill's status as vetoed means that none of its provisions became law.

Class Action Lawsuits in Virginia

This act proposes changes to how class action lawsuits are handled in Virginia by setting criteria for certification and outlining the process.

What This Bill Does

Allows one or more members of a group to represent all members in a lawsuit if it's impractical for everyone to join as plaintiffs.
Requires common questions of law or fact among all members of the class.
Sets rules on how courts can certify a case as a class action and what orders they can issue during the process.
Explains duties of lawyers representing groups in lawsuits.

Who It Names or Affects

People who want to file a lawsuit on behalf of many others
Courts that handle these cases

Terms To Know

Class action: A type of lawsuit where one or more people represent a larger group with similar claims.
Certification: The process by which a court decides if a case can be treated as a class action.

Limits and Unknowns

This bill was vetoed by the Governor and did not become law.
It would have taken effect on January 1, 2027, but since it was vetoed, this date is no longer relevant.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB449G

2026-04-11 • Governor

Governor's Recommendation

Plain English: (HB449) GOVERNOR'S RECOMMENDATION I approve the general purpose of this bill, but I am returning it without my signature with the request that the attached Amendment in the Nature of a Substitute (26110200D) be accepted.

(HB449) GOVERNOR'S RECOMMENDATION I approve the general purpose of this bill, but I am returning it without my signature with the request that the attached Amendment in the Nature of a Substitute (26110200D) be accepted.

HB449H2

2026-04-13 • Governor

Governor Substitute

Plain English: 2026 SESSION HOUSE SUBSTITUTE 26110200D HOUSE BILL NO.

2026 SESSION HOUSE SUBSTITUTE 26110200D HOUSE BILL NO.
449 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on April 11, 2026) (Patron Prior to Substitute—Delegate Simon) A BILL to amend and reenact §§ 17.1-405 and 59.1-204 of the Code of Virginia and to amend the Code of Virginia by adding in Title 8.01 a chapter numbered 5.2, consisting of sections numbered 8.01-267.10 through 8.01-267.16 , relating to civil actions filed on behalf of multiple persons; class actions; violations of Virginia Consumer Protection Act; award of damages.
Be it enacted by the General Assembly of Virginia: 1.
That §§ 17.1-405 and 59.1-204 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 8.01 a chapter numbered 5.2, consisting of sections numbered 8.01-267.10 through 8.01-267.16 , as follows: CHAPTER 5.2.

Bill History

2026-05-19 House
Governor's Veto Received by House
2026-05-19 Governor
Vetoed by Governor
2026-04-23 House
Communicated to Governor
2026-04-23 Governor
Governor's Action Deadline 11:59 p.m., May 23, 2026
2026-04-23 House
Passed by for the day
2026-04-22 House
Passed by for the day
2026-04-11 Governor
Governor's recommendation received by House
2026-03-14 House
Enrolled Bill communicated to Governor on March 14, 2026
2026-03-14 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-12 House
Signed by Speaker
2026-03-11 Senate
Signed by President
2026-03-11 House
Enrolled
2026-03-11 House
Enrolled
2026-03-11 House
Fiscal Impact Statement from Department of Planning and Budget (HB449)
2026-03-04 Senate
Read third time
2026-03-04 Senate
Read third time
2026-03-04 Senate
Engrossed by Senate - committee substitute
2026-03-04 Senate
Passed Senate (22-Y 18-N 0-A)
2026-03-03 Finance and Appropriations
Reported from Finance and Appropriations (9-Y 5-N)
2026-03-03 Senate
Rules suspended
2026-03-03 Senate
Rules suspended
2026-03-03 Senate
Passed by for the day
2026-03-03 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-03-03 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-24 Courts of Justice
Fiscal Impact Statement from Department of Planning and Budget (HB449)
2026-02-18 Courts of Justice
Reported from Courts of Justice and rereferred to Finance and Appropriations (10-Y 4-N)
2026-02-17 Courts of Justice
Fiscal Impact Statement from Department of Planning and Budget (HB449)
2026-02-04 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-04 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-03 House
Read third time and passed House (64-Y 34-N 0-A)
2026-02-02 House
Read second time
2026-02-02 House
committee substitute agreed to
2026-02-02 House
Engrossed by House - committee substitute
2026-01-30 House
Read first time
2026-01-28 Courts of Justice
Reported from Courts of Justice with substitute
2026-01-28 Courts of Justice
Reported from Courts of Justice with substitute (14-Y 6-N)
2026-01-28 Courts of Justice
Committee substitute printed 26105984D-H1
2026-01-26 Civil
Subcommittee recommends reporting with substitute (7-Y 3-N)
2026-01-26 Civil
House subcommittee offered
2026-01-22 Civil
Assigned HCJ sub: Civil
2026-01-12 House
Prefiled and ordered printed; Offered 01-14-2026 26105384D
2026-01-12 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

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.

Current Bill Text

Read the full stored bill text

(HB449)
GOVERNOR'S VETO
Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 449, which would create a new class action process in Virginia.
I support the General Assembly's goal of providing a class action mechanism that can be used by plaintiffs in Virginia courts. I offered amendments to ensure that when Virginia adopts its first-ever class action procedure, we do so in a tailored and judicious way — building on longstanding federal precedent while providing regional circuit courts an opportunity to develop expertise.
The General Assembly did not accept these amendments.
Accordingly, I veto this bill.