Behr DeckOver Doesn’t Provide Long-Lasting Finish, Class Action Says

A class action lawsuit alleges that Behr Process Corporation and Behr Paint Corporation’s DeckOver resurfacing product isn’t the durable, long-lasting product it’s advertised to be, but is defective and wears out quickly.

Behr sells its DeckOver restorative patio and deck product exclusively through Home Depot.

According to plaintiff Thomas Surprenant, though Behr and Home Depot brand the product as a durable alternative to ordinary deck paints and stains, the product does not live up to the marketing.

Surprenant claims that the product wears out after mere months, leaving decks exposed to damage, as opposed to protecting it from damage, as was promised.

The plaintiff alleges that not only Behr, but Home Depot and Masco Corporation, the company that acquired Behr Process Corp. and was in charge of marketing the product, are at fault for misrepresenting the quality of the product.

According to the Behr DeckOver class action lawsuit, Behr and Home Depot marketed the product almost identically, calling it a “premium product,” and saying that it’s “made-to-last,” and claiming that it is the “ultimate do-over for wood and concrete.” The Behr class action lawsuit notes that the product was priced as a “premium product” — higher than other deck stains and paints.

The Behr DeckOver class action lawsuit claims that “misleading representations were present at every point of purchase and were integrated through a message campaign to consistently convey the deceptive message that DeckOver has superior durability.”

Surprenant argues that the product was not durable and did not provide protection for his deck, but peeled, cracked, and bubbled soon after application, leaving the deck susceptible to damage and rot.

The plaintiff claims that Behr must have known that the product did not perform as promised, because the company had researched it and tested it before sale. So, the Behr Defective DeckOver class action lawsuit asserts that Behr’s marketing of DeckOver as “durable” and “long-lasting” was deceptive.

The DeckOver class action lawsuit notes that this isn’t the first time the product has come under fire. Surprenant cites that since 2013, Behr has received numerous complaints about the defectiveness of DeckOver. In June of 2017, a separate class action lawsuit was filed, alleging that the product was defective.

Surprenant seeks damages on behalf of himself and all affected consumers who purchased Behr DeckOver in the U.S. The plaintiff says he was financially injured by his purchase of the product, because he did not receive the full, advertised value of the product.

The plaintiff is represented by Ranse M. Partin of Conley Griggs Partin LLP; Michael McShane, S. Clinton Woods, and Ling Y. Kuang of Audet & Partners LLP; Charles E. Schaffer of Levin Sedran & Berman; Charles LaDuca of Cuneo Gilbert & Laduca LLP; and Melissa S. Weiner of Halunen Law.

The Behr DeckOver Class Action Lawsuit is Thomas Surprenant v. Behr Process Corp., et al., Case No. 1:17-cv-05330-CC, in the U.S. District Court for the Northern District of Georgia.

UPDATE: A Behr DeckOver Class Action Settlement has been granted preliminary approval.  According to the settlement website, the claim form will be available on or about August 6, 2018.  Top Class Actions will let our viewers know as soon as the claim form is available.