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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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121 thoughts onRust-Oleum Restore Products Class Action Settlement
I signed up for the class action but have not heard anything from it since the class action is settled .Will they be contacting me in the future or do I need to refile now?
Just went to purchase this product again and found out that Lowe’s no longer carries it. Refinished our deck in 2016 after reading all the great reviews and information supplied by the company. Now our deck is a mess. Very angry about being deceived.
Pretty convenient that we were not notified of this class action lawsuit.
Can we get our money back for our previous purchase?
Does anyone know if you can still get reimbursed for the damage this product has caused? For the past 3 summers I have been redoing areas…..peeling old 10x off the deckboards in small sheets, resanding and applying more product
This last rain, barely above a drizzle, caused new areas to bubble up which will slough off as well…really really disgusted with Rustoleum
I had no idea there was a class action against Rust-Oleum for their horrible product Restore. Why are they still selling it? My deck is ruined and I’m not really sure how to remove the product from the deck. Are there phone numbers to call or emails to send in attempt to get some relief?
I contacted the Rustoleum 800 number on the can an am processing a claim with then mow.
My entire deck had rotted everything has to be replaced. Water sat on too of deck it wouldn’t drain. They sent us a gallon of the same stuff when we filed a complaint. We filed a complaint we never saw a penny to replace our entire deck. We have a child with medical conditions who goes to a Children’s Specialty Hospital we dont have extra money to just go buy all new wood and supplies. The time it takes to REBUILD because everything rotted out. Its horrific we purchased in good faith believing this was a good product and it was going to last and give our deck a longer lifetime. This product was misleading and FRAUDULENT. We want our money replaced for needing to REBUILD our entire deck/patio from top to bottom. It was a slap in our faces when they sent us a voucher for another big gallon of the same product. Take RESPONSIBILITY
I purchased the restore deck paint and I noticed now that my deck is rotten underneath where I painted. Is it too late to file a claim and what are they’re doing about replacing my deck?
Can someone still be a part of this settlement?
I hope so, we just found about it. We scraped and repainted 2 years, this year we are taking the deck to bare boards. Cost about $2,000 for removal.
I wish i would have seen this lawsuit on this product, because i put this product on my huge deck around a 30 ft pool. It took me 96 gallons to do it. I spent alot of money and my deck is ruined. Peeling and rotting underneath. Total disappountment and hard earned money down the drain.
We have a very large deck that we applied the Restore 10x. We followed the directions and prepped the deck per instructions. The Restore started to peel after 2 years and the boards beneath were rotten and needed to be replaced. The entire deck is compromised and will need to be replaced. We were unaware of the class action lawsuit. What are the options besides replacing the deck ourselves?