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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
tuined the products I used it on
RUST OLEUM LIQUID RUBBER RUINED MY $300 TREADMILL WHEN I TRIED TO REPAIR THE BELT WHERE IS THE CLAIM FORM? I SEE NO CLAIM FORM
I bought 2 gallons for a cement wall at home depot.
2 years ago I used rust Oleum to restore my deck. It is peling in many places, but I don’t have the recepts. How do I put a claim in?
Since we bought this several years ago, we obviously don’t have the receipt. I wonder if they’ll accept a photo of our horrible looking deck as proof? We also still have the can with some left in it.
Spent several hours applying the Restore 10X to our pool deck and privacy fence 2 years ago. Like others, I discarded the receipts from Home Depot at the end of that year. Even though we paid with a credit card, we were informed the receipt is no longer available.
I am not looking forward to stripping down the deck and fence next summer and re-coating both.
I purchased 10 gallons of the product believing that it would last for years. What a waste of money!
We used the same product on our front deck that is partially covered and it is peeling in areas that are exposed. It just makes me sad and that we can’t get anything back for buying this bad product!
I used this product 4 yrs. ago and followed all prepping and application of this product, we were sick obviously with the results and returned cans and pictures to Lowe’s and returned our money , however we could only cover this 12×50 deck with new vinel very expensive , we can providentify pictures of what we had to do. We should be compensated for this and our laber .
Used this product on an overhead deck. for the first couple months it looked great. shortly there-after we started to notice blistering where the rain had gotten underneath the product. then large sections started peeling up. then we noticed the bigger problem. while the product was successful in giving a new look to the deck it did nothing to keep the elements out. water had penetrated the product and been trapped underneath thus prematurely rotting the decking. I haven’t replaced the decking yet. but it must be done this year as it is now unsafe and unusable. This product caused me more grief than if I had left the deck as it was.
I used RustOleum Restore on a deck and a boatdock 2 years ago when it first came out. Within several months the product started coming off in strips. I wrote the company and showed pictures and RustOleum returned all of the money for the paint – ~$400. I thought that would be it and have thrown away all of the receipts and pictures. The cost of labor was ~1500 (I have no receipts) and the cost to remove the remaining paint another $1500. I didn’t see this class-action suit coming. I don’t know what to do. I assumed long ago that the $400 was the best I could do. Can you advise?
You’ll need to contact the settlement administrator or class counsel with your questions. The article includes settlement administrator contact information, and an email address is included. They may be able to explain your options to you considering your circumstances. You can also contact class counsel with any concerns. Counsel is listed in the article and can be Googled for contact information. We wish you the best of luck.
I totally agree!! Being a trusted company I thought it was a good product..boy was I wrong. Besides it being expensive..it was awful. I complained to the business that sold it to me and the salesperson had the audacity to say I must have done iwrong!! And WHO keeps receipts for that long??Our deck is 10 by 20..Did I mention we put it on our fence as well?!
I agree. The restore ruined our 14×14 deck several years ago, and we are finally going to replace next summer. It was awful. We called company and complained. But like you no receipt after that length of time.
It seems unreasonable to expect people to still have receipts from 7 8 years ago. Especially when buying a product from a trusted company with a good reputation. I know they need to weed out false claims but there should b some small amout for those of us who arn’t good about saving reciepts. We ought to b able to recoup something. I feel like there will b a lot of money left over after this one is paid out. At least it will go to charity, hopefully. I did email the admin but i understand the requirements are part of the courts order, so my complaining won’t make any difference but it makes me feel better.. Lol
If any of you bought the items using a credit card, perhaps you can get a copy of the statement. Sometimes, using the numbers off the credit card statement helps the store to reprint the cash register receipt. I’ve had the do this with a recent purchase, but not sure how far back they can go. Just an idea.
Home depot can go back two years from the present