What Is Tolling?
Tolling pauses or extends the statute of limitations. In class actions, it protects class members' individual claims while the case is pending.
Tolling is a legal rule that pauses or delays the running of a statute of limitations, effectively extending the time you have to file a lawsuit. When the reason for tolling ends, the clock starts again from where it stopped.
Why it matters to you
Class actions can take years. Without tolling, class members' individual claims could expire while they wait to see whether the class is certified. Tolling prevents that, so you are not forced to file your own lawsuit just to protect your rights.
Class action tolling
In American Pipe & Construction Co. v. Utah (1974), the US Supreme Court held that filing a federal class action pauses the statute of limitations for all putative class members while class certification is pending. If certification is denied, or you opt out, the clock resumes and you can bring your own case within the remaining time. Later decisions narrowed it, for example by limiting its use to file a new class action after the period would otherwise have expired. State courts have their own versions of this rule, and they are not identical.
Other common reasons for tolling
- ✓Discovery rule: the clock does not start until you knew or should have known of the harm
- ✓Fraudulent concealment: the defendant hid the wrongdoing
- ✓Minority or incapacity: the person was a minor or legally incapacitated
- ✓Tolling agreements: the parties agree in writing to pause the clock while they negotiate
A simple example
A consumer has a few years to sue over a deceptive charge. A class action is filed covering them. The case runs for some time before certification is denied. Thanks to tolling, the consumer's individual clock was paused while the class was pending, so they still have time left to bring their own claim.
Tolling rules are technical and vary from one jurisdiction to another, which is why the official notice rarely discusses them in detail.
Related terms
Tolling modifies the statute of limitations. It becomes relevant if you opt out or a class is not certified. Whether tolling applies to a specific claim is a question for a lawyer.
Most people never need to think about tolling; they just need to claim on time. SettleScout reminds you before settlement deadlines close.
Frequently Asked Questions
Does tolling extend the deadline to file a settlement claim?
No. Tolling affects the statute of limitations for lawsuits. Settlement claim deadlines are set by the court and are separate.
Does American Pipe tolling apply in state court?
Some states follow similar rules, but not all, and some do not recognize tolling based on cases filed in other jurisdictions. It depends on the state.
When does tolling end for class members?
Typically when class certification is denied, when you opt out, or when you are otherwise excluded from the class.
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