Michael Collins v. Village of Palatine, Illinois, 875 F.3d 839

In 2010 Jason Senne filed a putative class action against the Village of Palatine alleging DPPA violations from parking tickets; the filing tolled the DPPA’s four-year statute of limitations for putative class members.
The district court dismissed Senne’s complaint for failure to state a claim; after appeals and remand, the district court later entered summary judgment for Palatine and terminated the class-certification motion.
On the day the Supreme Court denied certiorari in Senne, counsel filed a successor (placeholder) class complaint, later substituting Michael Collins as class representative.
Palatine moved to dismiss Collins’s suit as time-barred, arguing tolling ended when Senne’s suit was dismissed; Collins argued tolling continued through the appeals process (until certiorari denial).
The district court dismissed Collins’s complaint as untimely and denied class certification as moot; the Seventh Circuit affirmed, holding tolling ends when an uncertified class suit is dismissed—even if dismissed with prejudice—before class certification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does American Pipe tolling end for putative class members?	Tolling continued through the pendency of appeals in Senne (until Supreme Court cert. denial).	Tolling ended when Senne was dismissed; limitations resumed then, so Collins is time-barred.	Tolling stops immediately when an uncertified class action is dismissed (with or without prejudice).
Was dismissal on Rule 12(b)(6)/summary judgment procedurally proper before ruling on class certification?	Collins argued premature timeliness ruling; certification should be decided first.	Palatine argued the complaint and court records established untimeliness, making dismissal proper.	Court held district court properly considered public records on a 12(b)(6) motion and could dismiss as time-barred before ruling on certification.

American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (tolling for putative class members upon filing of a class complaint)
Crown, Cork & Seal Co. v. Parker, 462 U.S. 345 (tolling applies to putative class members who file separate suits)
In re Copper Antitrust Litig., 436 F.3d 782 (7th Cir. 2006) (tolling does not continue beyond the district court’s dismissal of an uncertified class action)
Taylor v. United Parcel Serv., Inc., 554 F.3d 510 (5th Cir. 2008) (distinguishes tolling for certified vs. uncertified classes on appeal)
Lewis v. City of Chicago, 702 F.3d 958 (7th Cir. 2012) (resumption of limitations is automatic upon denial/dismissal of class claims)