Virginia Class Actions 101: Why the Commonwealth Needs a Class Action Statute (with Kristi Kelly).

In this episode of The Pod, James Abrenio sits down with Kristi Kelly, a Fairfax-based consumer protection attorney known statewide for high-impact litigation and major consumer recoveries. With the Virginia General Assembly session about to begin, Kristi breaks down the fundamentals of class actions—what they are, why they matter, and why Virginia remains one of the only states without a clear state-court class action mechanism.

They discuss how class actions can expand access to justice for consumers with smaller-dollar claims, improve judicial efficiency, and deter systemic misconduct—particularly in areas like housing “junk fees,” predatory lending structures, and education-related scams. Kristi also explains why federal class actions are not always an adequate substitute for enforcing Virginia laws in Virginia courts.

Key Takeaways (Bullet Summary)
• A class action allows one plaintiff to pursue claims on behalf of similarly affected people—often the only practical way to address small-dollar harms at scale.
• Virginia is one of the only states without a robust state-court class action mechanism, which can leave Virginia-law claims without an effective path to collective relief.
• Without class actions, systemic misconduct can be treated as a series of one-off violations, limiting deterrence and leaving many consumers without recovery.
• Housing “junk fees” (e.g., common area electricity, questionable add-on fees) can significantly increase monthly costs beyond advertised rent.
• Class actions can reduce strain on courts by preventing dozens or hundreds of repetitive trials over the same conduct.

Links / Resources

Kristi Kelly – Firm/Contact: https://www.kellyguzzo.com/attorneys/...

Planet Money episode on “zombie mortgages” featuring Kristi Kelly: https://podcasts.apple.com/us/podcast...

Kristi Kelly’s $489 Million Class Action Lawsuit: https://www.kellyguzzo.com/court-gran...

Bloomberg segment featuring Kristi Kelly: https://x.com/bbgoriginals/status/200...

Chapters / Timestamps

00:00 — Introduction and why this conversation matters on the eve of GA session
00:01 — Kristi Kelly’s background and consumer protection work
00:01:40 — What is a class action (high-level definition)
00:02:15 — Why class actions matter for small-dollar claims and access to justice
00:03:20 — Why federal class actions aren’t always enough for Virginia claims
00:04:30 — Example: scam medical school and state-court limitations
00:06:10 — How lack of class actions limits recovery to a small group
00:07:05 — How litigation would change with class certification
00:09:30 — Deterrence and behavior change for large companies
00:10:10 — Housing “junk fees” explained
00:12:35 — Addressing landlord-industry objections
00:13:45 — Why Virginia has lagged behind other states
00:16:10 — “Rent-a-tribe” lending and evasion of state law
00:20:00 — Arbitration clauses and class-action waivers
00:21:45 — Likelihood of passage this session
00:23:05 — “Do class actions just make lawyers rich?”
00:25:40 — Judicial efficiency and taxpayer impact
00:28:50 — What the bill should include (mirroring Rule 23)
00:30:10 — What certification means for defendants
00:31:45 — Contingency fees explained
00:33:20 — Closing thoughts and resources

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