State class actions in Virginia are not happening yet. This week, Va. Gov. Abigail Spanberger vetoed SB229/HB449, a bill that finally would have established a state-level class action process. Although Va. consumers can participate in federal class actions, the bill would have filled a gap for them to band together to pursue claims that are not large enough to meet federal requirements.
The legislature had turned down Gov. Spanberger’s proposed amendments to limit the venues in the state in which the class actions could be brought and to impose federal-like procedures for summary judgment dismissal of cases. In her message announcing her veto of the bill, the governor agreed that class actions were necessary but seemed to criticize the legislature’s rejection of her amendments.
The governor’s rejection stands out after she signed legislation that strengthen the Virginia Consumer Protection Act, including those that safeguard consumers on matters related to data privacy and automatic subscriptions. The class action procedure would have provided a much-needed forum for state residents to enforce these and other protections.
As such, Virginia and Mississippi remain the only two states without a state-level class action procedure.
This piece provides a more in-depth discussion of the legislation.
