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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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122 thoughts onRust-Oleum Restore Products Class Action Settlement
Crappiest product ever !!
When will the money be sent out to all of us involved in this class action case?
I too have bought it out of pocket, I don’t have the receipt for it but you looked at my deck you can tell that I used that crap they sold saying it was liquid gold in a can and charged you like it was. Honestly if you look at my deck you can tell from other’s photo’s that I used the same thing and it’s crap in a can.. If I kept all my sales receipt’s for all I have bought over my life. You could fill up a storage unit. I just don’t understand how people have a leg to stand on when it comes to these law suits, because it’s years later and the normal people don’t save receipts for that long if they do they are faded and unreadable. what they pay out in damages is like a company party they throw.
I am writing because I have purchased Deck Restore for my Deck and I was informed that this product will last 5 years. Unfortunately, after the first year my Deck looks HORRIBLE. The paint has Faded, Peeling and chipping of paint is all over my Deck. I am looking for Reimbursement of my Time and Money. The total cost is $800. Please investigate this matter and contact me at the above e-mail
Thank you Mike Deas
Why is 10X advanced. It included ? My deck is destroyed . Didn’t even last a year.
Have you received an answer to your question? I purchased 10X and 4X. My deck is destroyed by those two products
I do not have receipts for the 2 gallons & 1 gallon of trim paint.
I saved the original can from the Home Depot that I purchased it from.
I also took pictures of my deck now. I don’t know if anyone will attempt to correct this problem. Don’t know what to do now.
I have spent so much time on removing this crap. I first pressure washed, then rented a floor sander. Now I’m going board by board with a paint scraper and a grinder. I should be done in about another week or so. It has become the deck from hell!
Can not believe I spent that much $$ to put this crap on, now I’m spending it again to take this crap off. And I still have to re stain the deck.
Why is the 4x excluded? I used the Rustoleum 4x and my deck is destroyed.
Me too i used it on my concrete after a year it was chipping. We need to file a case with this product.
What if you dont habe a receipt but have emails to the company which states amount used and square footage
I have a 24×24 deck that is destroyed! I can’t find a contractor that will even attempt to remove the cracked, and pealing product. They will only replace the whole deck??? I had the same issue with the company’s customer care department, They don’t care!!
Does anyone know how to remove the product, or do you have to replace all the wood??????
I first went at it with a scraper, some of if chipped up pretty easily. Next against the advice of everyone I had the entire deck pressure washed which took about 85% off. Lastly I rented a floor sander from rental store and sanded the whole thing down. From there I had to take a grinder between all cracks and removed the rest of what I could reach. New stain was just applied 3 days ago and it looks good. It was quite a bit of work but all in all I spent probably $300 to get it back to good. About 360 sq ft total. It was the time that killed me. You can fix it but it will take a few days of work.
I had to flipp all my deck boards
It took me a lot longerbut now I don’t have look at that 10x crap