Tolling
Tolling pauses the clock on a statute of limitations, so time spent waiting on a class action doesn't count against your own deadline.
Also called: equitable tolling, American Pipe tolling, class action tolling, tolling the statute of limitations
Tolling pauses the clock on a statute of limitations, so time spent waiting on a class action doesn't count against your own deadline.
What it means
Tolling is a legal pause in the clock on a statute of limitations. While the clock is tolled, time that would normally count toward your filing deadline does not.
In class actions, the key rule comes from the Supreme Court's 1974 decision in American Pipe & Construction Co. v. Utah. Filing a class action on time pauses the limitations period for the people the class would cover. If the court refuses to certify the class, those people can still bring their own claims, and the clock picks up with the time that was left. In China Agritech v. Resh (2018), the Court held that this pause does not let someone start a new class action after the time limit has run out.
Tolling can also come from statutes and from agreements between the parties. Courts also use fairness rules, called equitable tolling, for people who acted diligently but were held up through no fault of their own. The rules vary by state and by type of claim.
What it means for you
Tolling matters if you are thinking about suing on your own after a class action, for example because you opt out. A class action filed before your deadline may have paused your clock, but how and for how long depends on the claim and the court. Tolling has no effect on a settlement claim, whose deadline is the one in the notice. The rules are technical and the cost of a mistake is high, so ask a lawyer who handles your type of claim before you rely on it.
Example
Say a customer has two years to sue over an overcharge. After eight months, someone files a class action that would include her, and her clock stops. A year later the judge refuses to certify the class. Her clock starts again with about sixteen months left, so she can still file her own case within that time. Without tolling, she would have had only about four months left.
FAQ
Under the Supreme Court's American Pipe decision, a class action filed on time generally pauses the limitations period for the people the class would cover while it is pending. Details vary by court and claim, so ask a lawyer before relying on it.
No. A settlement claim deadline is set by the court-approved notice. Tolling affects only the time limit for filing a lawsuit.
Related terms
- American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) (U.S. Reports, Library of Congress)
- China Agritech, Inc. v. Resh, 584 U.S. 732 (2018) (Supreme Court of the United States)
Updated Oct 18, 2026. Plain-English definitions for general information — not legal or tax advice.