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A class action lawsuit has been filed against Rust-Oleum Corporation by consumers who claim that the company’s Restore products are not as effective as represented.
Plaintiff Allen Garrard says RustOleum Deck Start Wood Primer, Restore 2X One Coat Solid Stain, and Restore 4X Deck Coat are more susceptible to chipping, peeling, and flaking than other comparable products.
In addition, the Rust-Oleum class action lawsuit states that the Restore products do not last longer than other products.
In fact, the plaintiff claims that the Rust-Oleum Restore products deteriorate more quickly than other similar products.
Garrard says the Restore products do not provide, “enhanced protection that is superior to comparable products despite a premium price charged for Restore Products.”
The Rust-Oleum class action lawsuit states that the company knew about these issues but did not disclose this information to consumers.
“Rust-Oleum’s conduct harmed consumers. Rust-Oleum charges a premium for its products, and consumers pay enhanced prices for Restore Products. Moreover, consumers have not received the benefit of their bargain in that they have not received the product they purchased,” the plaintiff alleges.
Garrard says he purchased the Restore products in June 2017 and applied them to his wooden deck in September 2017. The plaintiff claims that by May 2018, the Restore products were “detaching” from numerous places on the deck.
In addition, the plaintiff argues that by January 2019, the Restore products were “detaching, peeling, and flaking” in numerous locations on the floor and railings of the deck.
The Rust-Oleum class action lawsuit states that the company knew or should have known about the flaws in its Restore products and points to a lawsuit in which the Rust-Oleum defended litigation based on similar issues.
In that lawsuit, the company was up against allegations that “the company’s marketing of its Restore products misrepresented the efficacy of the products, and omitted and concealed material facts related to their functionality.”
“Although technically the MDL encompassed different Restore products than those at issue here, the claims in that case also concerned the products’ adhesive qualities and durability, superiority to other products, and ability to withstand flaking, bubbling, and peeling,” the Rust-Oleum class action lawsuit states.
The plaintiff in this class action argues that the earlier litigation put Rust-Oleum “on notice” about the quality of its Restore products.
The Rust-Oleum class action lawsuit claims that complaints about the company’s products are “rampant,” which shows that the plaintiff’s experience with the products are not unique.
“Given its previous litigation and the hundreds of consumer complaints, Rust-Oleum knew or should have known that its Restore Products were faulty,” the Rust-Oleum class action lawsuit alleges.
The plaintiff states that if he had been apprised of the defects in the Restore products, he would not have purchased said products or would have paid less money for them.
Garrard has filed this class action lawsuit under the Declaratory Judgment Act, violation of the Missouri Merchandising Practice Act, unjust enrichment, Breach of Implied Warranty of Merchantability.
Proposed Class Members include: “All persons who purchased Restore Products in Missouri between October 17, 2014 to the present.”
Did you purchase Rust-Oleum products and they didn’t work as advertised? Leave a message in the comments section below.
The plaintiff is represented by Matthew L. Dameron and Amy R. Jackson of Williams Dirks Dameron LLC.
The Rust-Oleum Restore Products Class Action Lawsuit is Garrard v. Rust-Oleum Corporation, Case No. 4:19-cv-00836-DGK, in the U.S. District Court for the Western District of Missouri.
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279 thoughts onRust-Oleum Class Action Says Restore Paint Chips, Peels
I am from Grand Rapids MI. Purchase from Lowes the original Rustoleum Restore, within a year it started to peel and I purchase again from Lowes, Rustoleum Deck Coat. It has also failed. I’m in the process of redoing the deck again.
Still have the container . Please add me to the class action suit
I used Rust-Oleum Restore 4X on my deck, and it is ruined because the product is defective. It is peeling and has rotted most of the deck boards.
Please add me to this class action lawsuit against Rust-Oleum.
I have purchased and paid to have my deck done 3 times. I was just told by the person doing my deck this week that their is a lawsuit for this product. I have spent $3600.00 in 4 years which includes the paint, brushes, rollers and labor. Every year it has peeled and each time I go with the person performing the work they had a new excuse on why it peels. Told to pressure wash, then told not to pressure wash but purchase a cleaning solution and rinse. Last time told just rinse. Same result each time told it is the paint.
. I have pictures of what it looks like and it was painted 14 months ago.
i have extremely large deck that i used this product on, peeling and cracking everywhere. I spent thousands of dollars building this 40×60 deck around a pool then it took 96 gallons of this stuff to do it to end up with a horrible outcome and damaged and rotted wood. I would like them to replace my deck boards and money ibput in there product