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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 FILED A CLIAM AND THEN MOVED IN NOV OF 2017. I NEVER GOT MY CHECK. HOW DO I FIND OUT WHERE MY CHECK WENT.
Same here I filled out the info and never received a check . But yet other lawsuits find me an hand me a check
Just learned of the class action and it is closed already. Why are they still selling it if they know it doesn’t live up to their claims? I hired a professional to apply it and now I have to pay to have it removed. They should be compensating anyone who currently is having issues with their product.
Same here. Deck is horrible. Not to mention how much heat this product retains. I have had people step on this deck product while being in bare feet only to have their feet burn from how much heat this retains. I was not notified of any recall. I think I should have received something based upon my purchase at Home Depot.
I thought of sanding down this season, but now I read it is causing cancer in one of the above statements. Is this true?
Deck is ugly and practically ruined. Shame on them. Is there any thing we can do at this point?
I had same issues. Started peeling within one year. We did everything we was suppose to do.Cleaned and pressure washed deck then Applied the Deck start primer. We couldn’t fix. It was a mess. We had to tear down our porch and build a new one. Which cost a whole lot. I still have all my receipts. I sure wish I knew about this. The company would never help me after Complaining.
Is anyone replying to these messages? I want to know why this stuff is being sold on shelves still at major stores like Menards?
I did not learn about the lawsuit until after I replaced my deck in 2018.
I used the Rust-oleum 10X product which did not hold up on my deck for more than a year. I eventually replaced the deck but have pictures of the bad results in addition to several extra gallons I had planned to add to the peeling deck which I decided it would have been a waste of time.
We placed this product on our decks and steps in approximately 2017 with a guarantee that it had an extensive life. As of today our decks are peeling and rotting and the steps are rotting. We are going to have to replace many boards which will be very expensive because of this product.
Need to replace my deck . Very upset
Something must be done. I became aware of the class action lawsuit in June of this year, after contacting Rustoleum due to the extreme damage to our deck; product peeling, product chipping, rotting wood, etc., which began in 2017. Rustoleum then made me aware of the closed, class action lawsuit. I asked, how was I to know of this lawsuit, to which I received no answer. Rustoleum asked if I had any receipts for products purchasd, and also asked if I had any remaining product. I replied yes to both questions, and I was then instructed by Rustoleum that they would open a claim and email me with instructions on how I could be reimbursed for the receipts I had in my possession. Not surprisingly, I did receive an email, however, with no instructional attachments. I reached out again to Rustoleum via email, to which I received a return email apology stating that they forgot to include the attachments. I did everything I was instructed to do, (specific photos, scanned copies of my receipts, etc.), and submitted all through email. With my submission, I also included a deck repair estimate totaling over $5,000.00. I received a check covering the amount paid for the product but no response regarding the deck repair estimate. As of today, I am still reaching out to law firms and attorney’s initially involved, in an effort to reconcile this issue. If anyone has had any luck with their claim, please reply. And, in return, if I am successful in reaching the appropriate individuals, I will share that information. Thank you.
I used this product 6X Rust-oleum last fall 2018 on my deck and within 6 months it started looking like crap! I to didn’t know about any lawsuit since I purchased this product at my local Menards store and no warnings or buyer beware signs. So far I’ve heard that they are only paying customers what they’ve paid for the product and not for the labor of taking it all off. This is the worst product I’ve ever had to use for staining my deck.
Todd from MN-
I just found out about the class action lawsuit against rustoluem restore. But it has been settled. Is there any recourse.
I just paid $2000. To remove it.
Still have a lot of the original product left and I have or can get prof of purchase from Hone Depot. It has rotted thru my pressure treated wood with multiple holes completely eaten thru and warped wood.
My deck is huge 40×20 bottom level, 20×20 top steps and 8×20 pool wrap around plus railings.
Thanks Robert matto