Christina Spicer  |  September 4, 2018

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

Consumers who purchased Behr DeckOver may be able to benefit from a class action settlement over allegations that the product deteriorates faster than advertised.

Under the terms of the Behr DeckOver Resurfacer class action settlement, consumers who bought/used the product between Sept. 1, 2012 and June 27, 2018 may be able to file a claim for a refund and for reimbursement for removal and/or repair of their deck. The product was exclusively sold at Home Depot for approximately $35 a gallon.

The Behr DeckOver Resurfacer class action settlement puts to rest allegations that the product, marketed at a premium to comparable stains, deteriorated on consumers within months of application.

The class action lawsuit claimed that consumers paid more for Behr DeckOver stain based on advertising that its thicker coating would last longer and require less upkeep than other deck staining products.

Although Behr admits no wrongdoing under the terms of the Behr DeckOver Resurfacer class action settlement, it has agreed to pay Class Members who can provide supporting documentation both a refund for the gallons of the DeckOver product used and for any repairs necessary.

The deadline to submit a claim for a refund and/or reimbursement for repairs is Feb. 27, 2019.

Class Members who wish to object to or exclude themselves from the Behr DeckOver Resurfacer class action settlement have until Oct. 15, 2018.

Who’s Eligible

Class Members include individuals nationwide who purchased DeckOver between Sept. 1, 2012 and June 27, 2018.

Potential Award

Varies depending on the amount of Behr DeckOver product purchased during the class period and cost of any repairs.

Proof of Purchase

Proof of purchase and supporting documentation for any repairs.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

2/27/2019

SUBCLASS CLAIM DEADLINE: 1/16/2020

UPDATE: According to the settlement website, the administrator discovered that some potential class members did not receive direct notice of the Behr class action settlement. These subclass members have been given an updated claim deadline.

UPDATE 2: On April 9, 2020, Top Class Actions viewers started receiving checks in the mail from the Behr DeckOver class action settlement worth as much as $3,060. Congratulations to everyone who filed a claim and got PAID!

Case Name

Bishop, et al. v. Behr Process Corporation, et al., Case No. 1:17-cv-04464, in the U.S. District Court for the Northern District of Illinois

Final Hearing

12/6/2018

UPDATE: The Behr DeckOver Resurfacer Class Action Settlement was granted final approval on December 19, 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

DeckOver Settlement
c/o Angeion Group
PO Box 15850
Philadelphia, PA 19103
877-235-9549

DeckOver@AdministratorClassAction.com

Class Counsel

Katrina Carroll
LITE DEPALMA GREENBERG LLC

Daniel Herrera
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP

Eric Gibbs
GIBBS LAW GROUP LLP

Joseph G. Sauder
SAUDER SCHELKOPF LLC

Defense Counsel

Mark S. Mester
Kathleen P. Lally
LATHAM & WATKINS LLP

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441 thoughts onBehr DeckOver Resurfacer Class Action Settlement

  1. Helen Struckmann says:

    11/4/22
    Having the same peeling, cracking, non adhesion and premature wear of deck over on our ocean city property. The deck over started peeling and cracking in all the corners and has over the year flaking/coming off in swaths. It’s breaking down prematurely and has had an extremely poor adhesion. Directions were followed to a tee. Now I’m painstaking removing the product only to find extreme rot underneath it as it failed as a protection layer it promoted rot. Been working on it for days now and only half done!!! Terribly disappointed with this product and it’s false advertising! It costing me a fortune to remove because even after scraping and sanding trying to go over it with paint stain it starts a new area to peel up! So I have now begun total removal of the product on the 3rd floor decking and stairs. The lower 2nd floor stair case is having the same issues! Terrible product!!! I’d like to Sue and be compensated for the products misrepresentation I would of never used it!!!
    Please contact me I was never contacted or knew about a lawsuit. I used many cans of the stuff. And have several left.

    1. mary fusco says:

      How was this product still on the market? I bought it unknowingly in 2019….by 2021 my deck was rotting and I was falling though the boards! I had replaced some boards and just this year finally had to replace the whole thing. Never saw anything like it. Had no idea there was a lawsuit.

  2. Tanya Bozard says:

    Bought Behr Deck over a deck and 75 ft dock. Have to completely replace the dock to the tune of $35,000. The deck? Haven’t gone there. Great way to spend retirement funds. And Behr AND Home Depot kept selling it? WOW! We just learned of class action suits.

    1. Linda Bode says:

      We had Behr deck over paid done several years ago painted on our deck, bought from Home Depot. It looks terrible, some pealed off, in come areas and blistering. Received no notice it was defective. So now we have applied the new Behr deck over, since it covers everything as advertised, Just bought and we are getting blistering, and terrible and even worse results? After googling on Behr I am finding all this information and claims. Why the short window on this class action? We need help our once beautiful deck is totally destroyed.

    2. Jean Clark says:

      today is 9/2522 . MY DECK HAS BEEN ROTTING LITTLE BY LITTLE. i HAVE JUST RECENTLY REALIZED IT WAS THE BEHR DECK OVER PAINT. i WOULD LIKE TO SUE THE CO TO REPLACE MY DECK.. I just read on line one class action suit has been settled. Is it possible to open another suit.

  3. Gary Kleiman says:

    I bought the Deckover in 2018 at Home Depot and was never warned about it by the people im the paint department. Our deck is ruined and we have been trying to get this crap off of what’s left of my deck for weeks now. I drop about $20,000 a year at Home Depot as a contractor but no more. Lowes is across the street and I’ll shop there from now on.

  4. Sally McEldowney says:

    I filled out paperwork for thus and I still have the 5gal buckets to prove I bought Said item. Why have I not heard about the settlement or received a settlement. I would love to repair the damage that it created.
    Sally McEldowney
    50337 myrtle creek road
    Myrtle Point Oregon 97458
    541 404 0706

    1. Mark Cihlar says:

      I finally got my check,after 3 yrs. They conveniently lost my claim. I complained to the lawyers and the district court of northern illinois.it took me months of complaining.i only got a check for 8 gallons I bought. None for prep or labor or repair of the damage their stuff did.i also filed a warranty claim through Behr they are supposed send me 8 gallons and prep solution to paint my deck. Well I’m going to get it and not use. All of their deck stain have the same outcome. Ok eeling in a few months and rotting the wood. I’m going with TWP or Restore a deck.

  5. Lynn I says:

    I submitted all of the required paperwork and never heard a thing back. My deck is ruined and I don’t have the money to fix it.

  6. Rhonda Oneal says:

    Our deckover bought at Homedepot also peeled up and left us with a bug job to to remove and try to replace all the damage to our deck!

    1. Victoria Susan Macks says:

      I need help on what to do…You should see my freaking deck…..been sweating my ass off. Shit just peels off…omg…I spent and arm and leg doing the deck along with 210 rails…wanna cry

  7. Lona E Perry says:

    I never got contacted about lawsuit. We used deckover in may 2018 and it was a complete disaster. It is peeling up in large section. I am getting ready to remove what is left of it. That is how I found out about the Lawsuit. That is sad. All the standing and prepping for the paint to have it look like this is embarrassing. Contact me at lepcobra1@yahoo.com if anything can be done

  8. Kimberly Tucker says:

    I was never told of a law suit about the product deck over and it caused great damage to our deck also and it was bought from Home Depot

  9. Marie says:

    As a former employee of Masco/Behr, this product was know it’s would fail in specific markets and was still released. All of the Behr stains eventually lead you into using deck over and it’s a complete scam. Masco and Home Depot should be ashamed of themselves for even suggestion customer buy this product.

  10. David Davenport says:

    I just found out about this lawsuit….I put the Deckover on my deck 2 years ago….took it from the shelves of Home Depot!!! And this suit was already in effect?? Why didn’t they pull it??? They should be sued also….it was their customers who got screwed…..Now I have to sand this stuff off…this is ridiculous!

    I pull this up and it’s wet underneath….wood is rotting!

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