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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
Bought from Home Depot and paid to have it applied by a professional. Didn’t even hold up for a year. Now I have to pay to have it removed! They knew this product caused problems and they are still selling it.
Bought from Home Depot and nothing but trouble
Now having to sand off all the Restore and redo the whole deck
Please add me
I used the deck restore from rust-oleum. It has destroyed my deck.
Add me. I purchased the Rustoleum Restore 4x product on two separate occasions from Ace Hardware over the past three years, and not once did I hear about their lawsuits. I should have realized something was up last year when I had to go to several Ace Hardware locations to find this product. I assumed I had applied my first application incorrectly and thus the second attempt, but neither held up for longer than six months.
Come look at my deck peeling big time
Add me
Add me
That 10x started to peel In 1 month after application
Please add me this product caused significant damage to our deck, which was hours of labor and had to install new decking. This was an expensive job all the way around
Please add me to Restore lawsuit. This product has caused significant damage to my deck.