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Bill

HB 1368

Consumer Data Protection Act; individual action for damages or penalty, social media platforms.

2026 Regular Session Introduced by Josh Thomas

Virginia bill enabling consumers to sue social media platforms directly for data protection violations, creating private litigation rights alongside regulatory enforcement.

Subcommittee recommends striking from the docket (10-Y 0-N)
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Bill Summary · HB 1368

Legislative bill overview

HB 1368 proposes establishing a consumer data protection framework in Virginia that would allow individuals to bring private lawsuits for damages or penalties against social media platforms for violations. The bill creates a private right of action, meaning consumers themselves—not just government regulators—could sue platforms directly for data protection breaches or misuse.

Why is this important

Social media platforms currently face limited private litigation risk for data handling practices, with enforcement primarily through regulatory agencies and settlements. This bill would shift enforcement power to individual consumers, potentially creating significant financial incentives for platforms to strengthen data protection practices, though it could also generate substantial litigation costs and complexity for both consumers and companies.

Potential points of contention

  • Litigation explosion concerns: Critics worry this creates an open door for class action lawsuits and frivolous claims, potentially burdening courts and companies with expensive litigation unrelated to actual consumer harm
  • Definition ambiguity: The bill's language around what constitutes a violation against "social media platforms" may be unclear—does it apply to all data practices, only certain categories, or specific negligent behaviors?
  • Chilling effect on innovation: Tech companies might argue that broad private liability discourages investment in new services if the legal exposure becomes too unpredictable or onerous
  • Standing and damages questions: Determining how individual consumers prove specific harm from data practices and what constitutes appropriate damages remains legally contested territory

Compiled from official sources — confirm details with the bill’s official record.

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