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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
Very disappointing to say the least. 2015 applied the Rust-Oleum Restore 10X to my 700 sq ft deck on two levels and two sets of steps. By the summer of 2017 I had to patch and re-coat 80% of our deck and steps. The Restore 10X is literally peeling off in 1 to 2 foot strips. Looks absolutely disgusting so now we are replacing the entire surface of deck and steps to the tune of $3,700 just for materials. Wish I had know about the class-action sooner.
I, too, was unaware of this lawsuit and deadline for filing. Have to replace my deck after having contractor apply this product after I did it, and yet again to try to repair damage. Three applications ruined my deck. Plus applied Restore twice to my very large, covered concrete porch. Cracked and peeled and must be removed. What a mess! Have we no recourse?
I purchised Restore Deck Over by Rustoleum. about 3 years ago. Had a bad problem and call them. all they did was send me about $200.00, I sent them before, after and how it pilled off , it looks awful. Then I got the class action paperwork, My contractor had a death in his family and was out of town for a long period of time and could not get to my place with his bid. so I did not get the paper work sent in. Now I am left with a mess, I am 77 yrs. old and paid a lot to have it put on in the first place. Everyone says what a mess it is. Is there anyway to get in on the class action at this point?
As of today, 12/26/2018, I have heard nothing from this settlement. Claim was successfully submitted on 1/5/2017. Pretty disgusted with this.
I got a $50.00 check in May. I did not submit any documentation.
I applied this crap twice to my deck…two years apart, and it still peeled and looks like crap. If this is guaranteed for 5 or 10 years then they need to honor claims passed the settlement date.
The next thing to do is for those who were not aware and/or not notified to start another class action lawsuit.
Of course I didn’t know anything about the law suit and now the filing date has long passed so I am left with the crap on my 1500 sq ft deck. Don’t know how they can have a drop dead date as this was guaranteed for 10 years which gives me 5 more years before it’s no longer covered. What gives????
I contacted your company over a month ago. Have not heard one word from you. I had my phone company fax the pictures of my deck to you and was assured that you received the information that you requested. I do not want any more of your paint. It is impossible to get all the paint from my floor. It is about half that pilled off or what I could remove. My floor is 24 x 16 and in bad shape from the scraping we had to do in removing that mess. Please re imburse me immediately because my deck will never be right and will have to be replaced. I will be serving you with a law suit if your company does not soon contact me. I did not realize that this product was such a disappointments.
I submitted all my paperwork before deadline date never did hear nothing so I called them they said that I submitted late and would no longer be able to be involved in this lawsuit claim of the money that I paid out of my pocket to have their stuff taken off and replacing my deck. I’m sad that I now received a tier-1 deal to replace his product with Rust-Oleum 10x at that point they cleaned it I didn’t submit early enough but now I’m going to get a free product I feel like the lawyers involved or making sure that very little goes out money-wise to anyone it’s a sad day in America when you can’t get at least reimbursed for their product with what you got in there who in the hell wants his product if you’re only going to be involved in putting it down again in another lawsuit to three years from now.
I am going to send this in hoping maybe they’ll just send me paint maybe I can paint something else with it cuz I will not use this product on a deck to the story another $4,500 that I have spent to replace the top of this deck
I filed a Tier 1 claim and requested to have Restore 10x product instead of the cash reimbursement not knowing the 10x product is also faulty. I was told by the Claims Administrator that I had received compensation by Rustoleum. The is not true. All I am getting is “cut and paste” responses. Very frustrating not knowing if I should have gotten something from the settlement or Rustoleum