Rust-Oleum Restore Products Class Action Settlement

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

CLICK HERE TO FILE A CLAIM »

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

www.RustOleumRestoreProductSettlement.com

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