The Class Actions Are Almost Here: Virginia’s Likely New State‑Court Class Action Framework Explained
As many know, Willcox Savage released a notice in February that the “Class Actions are Coming! The Class Actions are Coming!” to the Commonwealth of Virginia, which outlined the General Assembly’s then-pending effort to introduce a formal civil class action mechanism into Virginia law and the potential implications for businesses and litigants statewide.
Since then, both the Virginia House of Delegates and the Virginia Senate passed identical legislation creating a civil class action procedure for the Commonwealth. On April 11, 2026, Governor Abagail Spanberger “amended the bills in the nature of a substitute” with minor changes – two of which, discussed in greater detail below, will have a profound but needed impact on the summary judgment and venue provisions of the legislation. The amendments will return to the General Assembly for further consideration. Even if the bills fail to get a majority in both chambers, the Governor still has the option of signing the bill (without the changes) into law. We anticipate that the General Assembly will approve the substitutions.
If adopted, a sea of change will be coming to Virginia civil procedure effective January 1, 2027, after years of unsuccessful attempts to enable class actions in Virginia state courts. The ostensible purpose of this effort has been to allow relief in those situations where someone has a claim similar to the claims of many other individuals, but the individual claims are too small to support a lawsuit. Under a class action, claimants could combine their many claims – so that there is a significant total amount at stake – in order to financially support the litigation. The legislation also broadens statutory damages under the Virginia Consumer Protection Act (VCPA), which had been limited by recent court decisions. Currently, Virginia residents are able to file class actions in federal court that meet certain standards in the federal Class Action Fairness Act – the amount in controversy is at least $5 million and jurisdiction exists either because a federal claim is involved or there is diversity jurisdiction – but are precluded from filing class actions in state court.
Virginia is only one of two states in which there is no state class action procedure (the other being Mississippi). The Virginia legislature has attempted several times to pass a class action bill, with the most recent attempt, in 2024, being vetoed by then-Governor Glenn Youngkin after passage by both houses of the legislature. This year, the legislation passed both houses of the legislature. Governor Spanberger amended the bills in the nature of a substitute on April 11. It is likely that the bill will become law in some form (likely with the substitutions) this year.
The legislation, as passed, and even with the Governor’s proposed amendments, is based in large part on the federal class action provision, Federal Rule of Civil Procedure 23, with some important revisions. Specifically, the Virginia bill has provisions that provide for a panel of judges appointed by the Supreme Court of Virginia to address any venue or transfer issues when two or more actions are filed involving the same claims, considering factors identified in the bill. In addition, the bill provides Virginia courts with more flexibility than the federal rule in considering the factors to apply for class certification of (B)(3) classes – those in which common questions of law or fact common to class member predominate over questions involving only individual members. Like the federal rule, the Virginia bill has a provision allowing a discretionary appeal from an order granting or denying class-action certification.
As noted above, there were two key changes that Governor Spanberger made to the bill. First, she added a provision that was sought by more conservative members of the General Assembly that allows summary judgment to be sustained to dismiss a class action based upon the use of Rule 4:5 discovery depositions (something that is not permitted in most other cases that do not involve two business entities). The second is that the venue for class actions is limited to four circuit courts – 1) the City of Richmond; 2) the City of Roanoke; 3) Fairfax County; and 4) the City of Norfolk.
The bill calls for the effective date of the act to be January 1, 2027, but permits claims that accrued before then to be brought as class actions so long as “such conduct is otherwise actionable pursuant to relevant law,” meaning that the statute of limitations has not yet run on the claim by that date.
With deep experience litigating in Virginia’s circuit courts, particularly in Fairfax County, Richmond, and Norfolk, Willcox Savage brings a depth of insight and perspective that positions the firm well to address class action matters under the new legislation.
Thomas F. Urban, a member of Willcox Savage’s Commercial Litigation Group with his office in Tysons Corner, has 28 years of experience in defending and litigating class action claims and leads the firm’s class action group. He has handled claims in a wide variety of substantive legal areas from consumer protection laws and business torts to environmental toxic torts. He formerly represented USAA Insurance Company in nationwide class action litigation, obtaining dismissals of class action claims against USAA from Washington State to Florida and obtained a summary judgment in the notoriously plaintiff-friendly state court in East St. Louis.
