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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.
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170 thoughts onBehr DeckOver Doesn’t Provide Long-Lasting Finish, Class Action Says
I purchased this product in June of 2014 because they said it would last 10 years. I decided to spend extra because of this. I had to re stain the floor of my deck and touched up the railings in 2016 and now need to replace several boards due to dry rot and the paint is severely pealing again.
I also used it in 2016 and now it’s just flapping around with the wind and rubs away when dragging feet on deck, I called customer service for Behr and they said I need to provide proof of purchase along with how many sq ft was painted, my credit card only goes back 2 years for records of purchases, does anyone know what I can do?
All the money and time we spent on deck over has ruined my boards railing and it is a complete mess after contacting BEHR we find out there is a lawsuit against them still haven’t gotten anywhere just a run around How do we get added to the list?
Same thing, cannot get the stuff off and it has peeled unmercifully and looks horrible. In North Georgia just like the plantiff in the case mentioned above would like to be notified of any progress toward settlement.
Terrible product. Have spent thousands of dollars on the product itself and now replacing boards and sanding down to be resurfaced.
I also had deck over applied on my 2,200 sg ft decks.. it was done by professionals.
Started peeling after two weeks.
When I contacted Behr they said they would not pay to have it removed. But would reimburse me if I bought more!!!
Had a difficult time finding a contractor who will sand off product from deck at a cost
of $2,800.
Can also furnish photos that I. Sent to Behr.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I am having the same problem Would like to add my name to the list.
Also had a horribly ruined deck after using deck over. We filed a claim and have been getting no where with it!
We also would like to be involved! Did our deck last summer and everything is peeling up. Spent $ and I am interested in the lawsuit.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I would also like to my name added to the class action law suit against Behr DeckOver Paint
How do we enter our names into the deck over lawsuit???????
I would like to add my name to the law suit. deck over paint is every thing that people are saying about it
I would also like to join a class action law suit re Behr Deck Over Paint