Statute of limitations

What it means

A statute of limitations is a law that sets the deadline for filing a lawsuit. Once the time runs out, the person being sued can ask the court to dismiss the case, even if the claim was valid.

The time limit depends on the type of claim and the court. Federal law has a general four-year limit for civil claims that arise under federal laws passed after December 1, 1990 (28 U.S.C. § 1658(a)). Many federal laws set their own limits. The Video Privacy Protection Act, for example, allows two years from the violation or its discovery (18 U.S.C. § 2710(c)(3)). State law sets the limit for most consumer claims, and it varies by state.

The clock usually starts when the claim "accrues," which is often when the harm happens, though some claims start the clock when you discover it. In a class action, limits often shape how far back the class period reaches. A limitations period is not the same as the claim deadline in a settlement, which is set by the court-approved notice.

What it means for you

The key point for settlements: a statute of limitations does not set the deadline for a settlement claim. If you fit the class definition, the date that matters is the claim deadline in the notice. Limitations matter if you are thinking about suing on your own, for example after opting out. By then the clock may be running, and a class action filed earlier may have paused it (see tolling). Courts enforce these limits strictly, and the rules differ by state and type of claim. For your own situation, a lawyer can tell you which deadline applies.

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