Subcommittee advances bill on class actions despite objections over damages and procedure

A Virginia legislative subcommittee voted 13–6 to report Senate Bill 229, a measure identical to House Bill 449, advancing the proposal to the next stage of the Legislature despite objections from at least two delegates.

Delegate Sullivan, speaking during floor consideration, said she supports the bill moving forward for more work but warned it “is not quite ready yet.” She questioned the bill’s per‑violation language and warned of changes to how the Virginia Consumer Protection Act would operate in class litigation. “I have qualms about the per violation language and the what we’re doing with the Virginia Consumer Protection Act and the taking out of the reliance on what is essentially a fraud claim,” Sullivan said, adding she hoped stakeholders would “keep talking about improving this bill.”

Delegate Leftwich pressed staff on whether the measure had a fiscal impact that would require referral to the Appropriations Committee, saying he recalled the house version had “somewhat of a fiscal impact.” The chair responded that because the senate and house versions are identical, any fiscal posture would mirror the house’s, and “if there was a fiscal impact, it cleared our appropriation.”

The committee proceeded to a roll call after the exchange; the clerk recorded the final tally as 13 in favor and 6 opposed. The committee did not adopt any procedural changes such as a new summary‑judgment mechanism during the session; Sullivan specifically said she would like such a mechanism considered in future work.

Next steps: SB 229 was reported out of the subcommittee and will move forward in the legislative process (the transcript records the committee reporting the bill; no further schedule was stated).