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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 guess I’ve been one of the lucky ones with this product. It’s been on over 4 years and only has some minor chips. And I have 600 sq foot deck, so I only used 1 coat because of the expense. I would use it again.
Can I make repairs to the deck surface now or should I wait for a settlement? It looks pretty rough. How long does it take to get a response after filing a claim?
I am so very happy to know so many others have had this experience with the Behr Deckover. Reading all the previous comments, I can dido them. Spent a lot of money for our very large deck. It looked beautiful for one season then began lifting and cracking before we even got started on the railings the following season. It has been a disgrace ever since. The following year I asked a deck contractor for help to cleaning up the Behr product and just seal and stain it for me and he said the wood was now in bad shape – t was in too bad of condition, the product has let moisture get underneath and the deck boards and step boards are rotting and disgusting. We haven’t been able to use our deck. Help! How do we get help with compensation or repairs? Thank you!
I used DeckOver, I believe it was the Spring of 2014. By spring, 2015 it had peeled. I contacted Behr and they replaced the DeckOver. After sanding all the old DeckOver off, cleaning the deck with Behr’s cleaning solution I applied the DeckOver again. My deck is worse now than before. Not only has it peeled, there are areas that are rotten. The handrail rotted, and almost caused, what could have been, a terrible accident. Now my deck is peeled and rotten and will have to be replaced.
So I used behr deck over for my deck and 2 sets of stairs. I put it on mid summer and by the early next spring the stain had started to peel and crack. Water and snow had already gotten underneath the stain and began damaging the wood without us knowing. Now our deck has warped deck boards, cracked and it has actually desalinated some of the pressure treated boards so there are huge gouges in the wood. I had contacted behr recently and they agreed to replace the stain needed but not the deck boards ruined by the material. Behr actually asked me to contact the lawsuit website. I did and have not gotten any response from it. They told me I would be able to get reimbursement for my deck boards replaced and stain as well as as deck prep. 50% of my deck needs to be replaced. Now I do not know what to do. I feel like I was getting somewhere with Behr and now I’m stuck going no where in the process. Any help would be appreciated
Thank you.
Both myself-my daughter-and my brother in law- ALL used this product based on My recommendation. I raved about it to anyone that had an old weathered deck–It looked So Great for first 2 months..But then it started to lift and peel. I called Home Depot and they said it was my contractors application technique that was at fault!! I Knew that was Not the case…Both my daughter and my brother in law had similar experience. We all spent a fortune on this stuff- its NOT Cheap! I don’t know How to fix it– the decks are just rotting apart now-it seems like the Deckover allowed moisture and snow to infiltrate where there were cracks and peeling and hold the moisture in against the wood. I cant afford to fix these huge decks and don’t know what to do. Worst part is Home Depot couldn’t care less just saying its our Own Fault!! ..What a Mess
I purchased and used the same product on my deck. It is a mess now, I don’t even know how to begin to fix it. I hope a decision is made soon.
My deck is also peeling and cracking. It started about two years ago whech was about 9 months after applying it. I became very sick and could not do anything about it. And I could not afford to hire any one, since I am now disabled. Now my deck is ruined. Rusted nails and screws, cracked and warped wood. I just don’t know what to do. I can’t afford to do anything about it. The stuff is so expensive to begin with.
I too have been duped by behr deckover. i spent many hours sanding and cleaning surface of deck to use their “premium ” product. after less than one year it started to bubble and flake. What do i do now? I thought i would be enjoying it for a long time but it looks like that is not going to happen.. Complete waste of money…
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!
Would like to follow the Deck Over class action,
Thank You
The front and back decks peeled and rotted, the steps brust and cracked and now are broken in half. Behr sent us replacement paint, but we have got to replace both decks before someone falls through. My husband has stressed over until he has had a mini stroke. We are not financial able to do any replacement at this time.
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!