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This settlement is closed!
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The makers of Rust-Oleum Restore products have agreed to settle a class action lawsuit alleging the products are defective because they prematurely chip, peel or degrade after application. If you purchased certain Rust-Oleum Restore products, you might be eligible to receive payment from the class action settlement.
The Rust-Oleum class action lawsuit alleges that Restore products are defective and are marketed in a false and misleading manner. The plaintiffs claim that Rust-Oleum knew that the Restore products were prone to prematurely chipping, peeling or degrading but continued to market the deck resurfacing products as superior and lower maintenance than other traditional deck paints and stains.
According to the Rust-Oleum Restore class action lawsuit, the Restore products are marketed as lasting “as long as you own or reside in your home.”
The plaintiffs assert that this claim is false and that, in reality, the Restore products peel and deteriorate in a short period of time. As a result, the products no longer offer protection to the decking surfaces, leaving them vulnerable to damage.
The products included in the Rust-Oleum class action settlement include Deck & Concrete Restore, Deck Restore, Concrete Restore and Restore 10X.
“Class members have and will continue to expend considerable costs and time in attempts to repair the problems but will likely end up with having to pay for a total replacement of the product and the deck itself at some point,” the Rust-Oleum class action lawsuit alleges. “At the same time, Defendant has insisted that it will only refund the purchase price or replace the product itself.”
Rust-Oleum denies the allegations but has reportedly agreed to pay $9.3 million to settle the Restore class action lawsuit.
If you would like to exclude yourself from or object to the Rust-Oleum class action settlement, you must do so no later than Jan. 30, 2017.
UPDATE: On March 6, 2017, a federal judge granted final approval to the Rust-Oleum Restore class action settlement.
Who’s Eligible
Class Members of the Rust-Oleum settlement include: “all persons and entities in the United States and its territories who purchased, not for resale, a Restore Product (Deck & Concrete Restore, Deck Restore, Concrete Restore, or Restore 10X) from January 1, 2008 through October 20, 2016.”
NOTE: Restore 10X Advanced, Restore 4X, and other Restore products are not included in the Rust-Oleum class action settlement.
Potential Award
Varies, depending on the type of documentation submitted.
Tier 1: Class Members who provide proof that they purchased a qualifying Rust-Oleum Restore product during the Class Period and proof that they experienced a Qualifying Problem with the product can choose to receive either: (a) reimbursement for the Restore Product purchased, or (b) enough Restore 10X Advanced (and primer) to cover the area where the Restore Product was applied.
Tier 2: Class Members who submit proof that they have a Qualifying Problem and that, as a result, they will have to incur costs to remove the Restore Product from a deck or other substrate (including the amount of these costs) and a statement indicating the percentage of the area requiring removal may elect to receive Tier 1 compensation and “a payment equal to the lesser of (a) $2.00 multiplied by the square footage of the area the Restore Product was applied, multiplied by the percentage of the area requiring removal; or (b) the amount indicated on the proof of removal costs.”
Tier 3: Class Members who provide proof that they have a Qualifying Problem and that, as a result, they will incur costs to repair or replace decking or other substrate (including the amount of these costs) and a statement indicating the percentage of the area requiring repair or replacement may make a claim for Tier 1 compensation and “a payment equal to the lesser of (a) $6.00 multiplied by the square footage of the area the Restore Product was applied, multiplied by the percentage of the area requiring repair or replacement; or (b) the amount indicated on the proof of repair or replacement costs.”
Proof of Purchase
To make a claim for benefits from the Rust-Oleum class action settlement, Class Members must provide proof that they purchased one of the covered Restore products as well as proof that they experienced a Qualifying Problem (an adhesion-related problem) with the Restore product.
Class Members who seek to make a claim for Tier 2 and Tier 3 benefits must also provide the costs they have incurred or will incur to remove the product and/or repair or replace the decking, including the amount of these costs, and a statement about the percentage of the area that is affected.
Claim Form
Claim Form Deadline
9/5/2017
Case Name
In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation, Case No. 15-cv-01364, in the U.S. District Court for the Northern District of Illinois
Final Hearing
3/6/2017
UPDATE: According to the settlement website, Rust-Oleum Restore class action settlement checks were mailed on May 18, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation Claims Administrator
c/o Kurtzman Carson Consultants (KCC)
P.O. Box 43432
Providence, RI 02940-3432
1-844-762-5370
Admin@RustOleumRestoreProductSettlement.com
Class Counsel
AUDET & PARTNERS LLP
LITE DEPALMA GREENBERG LLC
Defense Counsel
MAYER BROWN LLP
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121 thoughts onRust-Oleum Restore Products Class Action Settlement
Same problem here – peeling sheets on our deck shortly after install and also harbors moisture and mold. Why is class action suit closed? Major labor for us to scrape all the boards or major expense to hire someone. Unfair action by Rustoleum, they are not doing right by their customers.
I am beyond disgusted with Rustoleum Restore products!! Not only does it peel off in full sheets, it has destroyed the wood that is not under roof on 3 separate deck/pergola areas at my home!
Every exposed decorative ceiling joist on our 20’X16′ covered pergola has major damage due to the Restore paint and primer not adhering to any part of the wood and allowing water to get trapped underneath it!!!
My additional deck including all floor boards, steps, and railing has the same severe damage from water damage! I am extremely upset not to mention, overwhelmed with the huge task of removing this crap, trying to patch the rotten wood before I can even think about re-applying a reputable product!
I applied this crap to my 390 plus square foot deck thinking that I would never have to stain the deck again. Now I have had to purchase a planer to clean this crap off of my deck boards. I applied the product as directed, going so far as to sand down the entire deck with my 4 1/2 inch angle grinder to ensure that the product had a good surface to bond to. All of that work for NOTHING! It is all peeling off I have to use a “cat’s paw” in order to pull the screws because the screw heads are all filled with this crap. That means there are deep gouges at virtually every screw hole, so I have to put the bottom side up on almost every board. I am 74 and handicapped with only 5 vertebra that are NOT fused and am finding this job to be Quite daunting and almost more than I can handle, but we are financially strapped so I have to do this all by myself. I found out about the class action 3 weeks ago, only to find that it is already closed! So, what resolution is left for all of us that found out too late,,,,,, .
I just used 6x to go over the 10x ( that did not last anywhere near as advertised) and it immediately is bubbling and pealing off even though directions said I could use it to go over 10x, Lowes will not return my $200 of paint I have left. I’m stuck with unused paint, bubbling peeling paint aged 10x that is covering a huge amount of concrete.
Same unsatisfactory experience with this Rustoleum product on my deck. Same heat retention issues. I wonder if their R&D team that developed this product are still employed!
We apparently have no ability to file a claim. So, I do my best to discourage others from buying any of their products.
Hi I’m writing cause I was not fully aware that there was a class action suit against restoleum deck restore in which I had used that product about 5 yrs ago maybe 4. Now my deck is fully peeling and looks crap and I had applied it to all new deck boards I had put down on deck and had let time pass for boards to cure/dry. I kept some of containers in garage as proof plus I used the restoleum cleaning solution. Is there anything I can do about it now
I fell for the hype of this deck saving product as well. We applied this product on both of our decks just to find out that it (restore) did not protect the deck as it claims it would. Both decks were cracking and peeling so we kept applying the product on the decks. The front deck was damaged the most because it isn’t a covered deck, we had to replace boards and stairs because the wood was rotting. Why didn’t Home Depot and Ace hardware notify us on the class action suit, most of all why didn’t the Rest-oleum company notify us? We did contact Rest-oleum to complain about their product, they replaced a 5 gallon bucket with the new 10x product and told us they now had a primer as well. After re-purchasing this product for 3 years to repair our decks all we learned is that they mislead all of their customers that wasted their money. My decks need to be completely replaced because the deck boards have gotten wet even under their product and have rotted. I will never again buy a product from this company and feel that they should replace both of my decks including labor to replace them, they ruined both of my decks.
We also had a rotten deck that needs to be replaced due to this product Restore. I would like to know why Home Depot did not notify us of the Class Action Lawsuit. We paid for this product with our charge card, so there is a paper trail. So disappointed of how this was handled.