Class Action: Rust-Oleum Products Cause Chipping, Peeling

Rust-Oleum Corporation is facing a class action lawsuit alleging its paint products are defective and are prone to bubbling, peeling, cracking, flaking and chipping.

“The Rust-Oleum paint fails prematurely, which requires consumers to replace the product at their expense,” plaintiffs David and Kathleen Sullivan of Illinois allege in their Rust-Oleum class action lawsuit filed on Jan. 7 in an Illinois federal court.

The Sullivans claim in their class action lawsuit that they purchased Rust-Oleum Restore brand paint, which they used in October 2013 on their deck according to the company’s application instructions.

However, “within only one month of applying Defendants’ Rust-Oleum Restore brand paint to their deck, the Sullivans noticed that the Rust-Oleum paint on their deck was beginning to chip, crack, and generally deteriorate,” the class action lawsuit explains. “The problem has only continued to worsen with the passage of time and will continue to do so until it is fully removed.”

The Sullivans sent an email to Rust-Oleum in June 2014 to inform the company of the chipping, cracking and general deterioration their were experiencing on their deck for the purpose of finding out what they could do to remedy the problem.

“In response to their June 2014 inquiry, plaintiffs were asked to fill out a form from defendants asking how much Rust-Oleum paint they purchased and when they purchased the product,” the Sullivans explain in their Rust-Oleum class action lawsuit.

“Additionally, defendants asked plaintiffs to submit pictures of their decking,” it adds.

The Sullivans did as was requested by Rust-Oleum and “filled out this form and submitted it with pictures of their decking to defendants.”

After they did this, “they received a check for approximately $300.00, which represents the amount they spent on defendants Rust-Oleum Restore paint exclusive of any additional costs.”

However, according to the Illinois couple, this amount will not cover all the costs they are incurring to refinish their deck.

“In an effort to remove the unsightly chipped and cracked paint, plaintiffs have hired an individual to power wash their deck which has cost plaintiffs approximately $200 in labor costs. Because only a small portion of their decking has been cleansed thus far, plaintiffs will continue to pay the labor costs to finish the cleaning of their deck,” they add.

They claim that they are not the only Rust-Oleum customers who have been dissatisfied the company’s paint and stain products, citing negative reviews on the internet such as on Amazon.com.

The Sullivans are proposing a nationwide class and an Illinois class of “individuals and entities that have owned, own, or acquired homes, residences, buildings or other structures physically located in the United States,” or the state of Illinois, “in which Rust-Oleum paint products is or has been used.”

They are charging Rust-Oleum with violating the Magnuson-Moss Warranty Act, breach of implied warranties, breach of express warranty, violating the Illinois Consumer Fraud and Deceptive Business Practices Act, unjust enrichment, negligent misrepresentation, and negligence.

The Rust-Oleum Class Action Lawsuit is David Sullivan, et al. v. Rust-Oleum Corporation, et al., Case No. 3:15-cv-00023-NJR-DGW in the U.S. District Court for the Southern District of Illinois.

UPDATE July 25, 2016: Attorneys for both sides tell the judge that a class action settlement is not far off in a set of consolidated Rust-Oleum lawsuits.

UPDATE 2: On Oct. 19, 2016, Rust-Oleum reached a proposed $9.3 million settlement with consumers who claim the company’s wood and concrete resurfacing product line, Restore, did not perform as advertised.

UPDATE 3: The Rust-Oleum Restore products class action settlement website has been established. Click here for more information and to sign-up for notifications.