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A class action lawsuit filed this week alleges Behr DeckOver deck resurfacing products, which are sold exclusively at Home Depot stores, are defective and deteriorate within months of application.
The Behr DeckOver class action lawsuit was filed Tuesday in Illinois federal court by plaintiffs Kathleen Bishop, Nancy Graf, Jeanne Haman, Tom Paul and Mark Sumpter. They name as defendants Behr Process Corp., The Home Depot Inc. and Home Depot USA Inc.
According to the Home Depot class action lawsuit, deck resurfacer is a type of coating that is meant to reduce the hassle of regular upkeep. Unlike paint or stain, which generally must be reapplied each year or so, resurfacer is a thicker coating that can repair splinters, fill cracks and extend the life of the surface.
The Home Depot website reportedly lists the price of one gallon of DeckOver at about $35, a significantly higher price than paints or stains, according to the Behr resurfacer class action lawsuit.
“DeckOver is marketed as a ‘premium’ product and a superior alternative to traditional paints and stains and thus worth the extra money,” the Behr class action lawsuit alleges. “The product name ‘DeckOver,’ for example, conveys that it will cover decking thus extending its life (or giving the deck a ‘do over’).”
Instead of providing years of protection, however, Behr DeckOver quickly deteriorates and causes extensive damage to the surface upon which the resurfacer is applied, according to the Home Depot resurfacer class action lawsuit. DeckOver allegedly has a tendency to peel, crack, chip, flake, bubble and degrade shortly after application.
“Thus, instead of getting a long-lasting coating, consumers who buy DeckOver often waste considerable time and money first applying DeckOver and then removing it and replacing damaged property,” the plaintiffs allege.
According to the Home Depot class action lawsuit, the plaintiffs each purchased Behr DeckOver and applied the resurfacer according to the instructions provided by Behr. However, they all noticed that the resurfacer began to fail prematurely, and as a result, they have had to incur out-of-pocket expenses to repair the damage including the cost of repair and/or replacement of the deck.
Behr has not fully reimbursed any of the plaintiffs for the damages they incurred after applying the allegedly defective DeckOver resurfacer, the Home Depot class action lawsuit alleges. The plaintiffs maintain they would not have purchased or used Behr DeckOver if they had known it would not perform as advertised.
The plaintiffs seek to represent a Class of U.S. consumers who purchased Behr DeckOver. The Behr class action lawsuit asserts claims for declaratory relief, injunctive and/or equitable relief, unjust enrichment, negligent misrepresentation, violation of various state consumer protection laws, violation of the California Consumer Legal Remedies Act, and violation of the California False Advertising Law.
The plaintiffs are represented by Katrina Carroll, Kyle A. Shamberg and Ismael T. Salam of Lite DePalma Greenberg LLC.
The Home Depot Behr DeckOver Class Action Lawsuit is Kathleen Bishop, et al. v. Behr Process Corp., et al., Case No. 1:17-cv-04464, in the U.S. District Court for the Northern District of Illinois, Eastern Division.
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.
UPDATE 2: September 2018, the Behr DeckOver class action settlement is now open. Click here to file a claim.
UPDATE 3: On April 9, 2020, Top Class Actions viewers started receiving checks in the mail from the Behr DeckOver class action settlement worth as much as $3,060. Congratulations to everyone who filed a claim and got PAID!
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520 thoughts onHome Depot Class Action Lawsuit Says Behr DeckOver is Defective
Purchased four gallons of Deck Over a year and a half ago. Paint began to bubble up after eight months. It began to completely peel away from the surface after a year. Now we have to replace our entire deck because our pressure treated lumber has rotted. Huge mess. Glad someone is finally holding them accountable for this worthless product.
If you purchased pressure treated lumber, then it is not rotted after only 18 months
Less than 8 months ago, we paid to have our deck pressure washed, we treated it with the Behr Deck Wash that was suggested and prepped the deck per instructions. We then purchase two 5 gallons of the pain and painted 2 coats. It is now peeling off everywhere that hits direct sunlight. We’ve been told we either have to pay to have the paint sanded off which costs $$ and will make a mess in our pool or to use chlorine to strip it! Needless to say IM PISSED! cost a lot of $ to paint and now it will cost a fortune to remove only to pay for another decent product to reapply.
I purchased 2-5 gallon buckets…and feel cheated. This paint is horrible and did not stand up to it’s claims. Add me to the list of peps looking for restitution.
Wish I could add photos here!!!
We have a 3 level deck system.
Bought 2, 5 gallon buckets from Home Depot. Called Home Depot when it started to peel up and they said I had to call Behr and gave me a number . The Behr company wanted to send me remover and new stain . I asked if they were sending a crew to do the work !!!!
Same problem how. An we join the suit
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. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! 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!
same with us purchased 6 gallons
Same here, 4 gallons and now I have to repair boards that have rotted due to this product. Where do I sign up?
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. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! 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 bought 3 gallons for my sister’s deck
I also purchased 5 cans and it peeled almost immediately.
I want to be apart of this… It was so expensive and I bought it anyway because of the promise that it was worth it in the long run… I have pictures and spent many hours applying it … Pls let me know How I can be apart of this law suite! Thank you
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. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! 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!