Virginia SB 229: Civil actions filed on behalf of multiple persons; class actions.

Bill Text

2026 SESSION

INTRODUCED

REPRINT

26104685D

SENATE BILL NO. 229

Offered January 14, 2026

Prefiled January 11, 2026

A BILL to amend and reenact § 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.

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Patron—Surovell

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That § 59.1-204 of the Code of Virginia is 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.

CLASS ACTIONS.

§ 8.01-267.10. Requirements for certification; types of class actions.

A. 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:

1. The class is so numerous that joinder of all members is impracticable;

2. There are questions of law or fact common to the class;

3. The claims or defenses of the representative parties are typical of the claims or defenses of the class; and

4. The representative parties shall fairly and adequately protect the interests of the class.

B. An action may be certified as a class action if all the requirements of subsection A are satisfied and if:

1. Prosecuting separate actions by or against individual class members would create a risk of (i) inconsistent or varying adjudications of individual class members that would establish incompatible standards of conduct for the opposing party or (ii) adjudications of individual class members that, as a practical matter, would be dispositive of the interests of the other members that are not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;

2. The party opposing the class has acted or refused to act on grounds that apply generally to the class, so that the final injunctive relief or corresponding declaratory relief is appropriate to the class as a whole; or

3. The court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. In making this finding, the court may consider (i) the class members' interests in individually controlling the prosecution or defense of separate actions, (ii) the extent and nature of any litigation concerning the controversy already begun by or against class members, (iii) the desirability or undesirability of concentrating the litigation of the claims in a particular forum, (iv) the likely difficulties in managing a class action, and (v) the practical ability of individual class members to pursue their claims without certification.

§ 8.01-267.11. Certification order; notice to class members; judgment.

A. A class action shall be certified by order only if the requirements described in § 8.01-267.10 are met. Such order shall define the class and class claims being certified, identify the representative party or parties, and appoint class counsel pursuant to the criteria set forth in § 8.01-267.12. The court shall determine as early as is practicable after a person brings an action or an action is brought against a person as a class representative whether to certify the action as a class action. Any order that grants or denies class certification may be amended or altered prior to final judgment.

B. For any class certified pursuant to subdivision B 1 or 2 of § 8.01-267.10, the court may direct appropriate notice to such class. For any class certified pursuant to subdivision B 3 of § 8.01-267.10, or upon ordering notice pursuant to § 8.01-267.13 to a class proposed to be certified for the purposes of settlement in accordance with subdivision B 3 of § 8.01-267.10, the court shall direct to class members notice as is reasonable under the circumstances, including sending individual notice to all members that can be identified through reasonable effort. The notice may be sent through the United States Postal Service, electronic means, or any other appropriate means. The notice shall state clearly and concisely in plain, easily understood language (i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class member may enter an appearance through an attorney; (v) that the court shall exclude from the class any member that requests exclusion; (vi) the time and manner for requesting such exclusion; and (vii) the binding effect of a class judgment on members in accordance with subsection C.

C. Whether or not fa