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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
I have my front porch painted this summer with Deck Over. I looked nice the first couple months, now there are all these white spots coming through the paint all over the porch. I have never seen anything like that before. I haven’t noticed any peeling yet. The porch looks terrible now
Behr Deckover is the wort product I have ever used. $5000 later we have stripped everything off and purchased Olympic and looks great. Behr/Masco customer service was a disaster and we will never buy any of their products again. We recently tried the Marque and Dynasty and we very disappointed. STAY away from this compay
Same boat..our deck is roughly 2000 sq feet.. spent 12 hours with a floor sander from Home Depot to barely remove any of it in only a small section maybe 400 sq feet..I’m literally peeling it off with my hands… wood is rotting everywhere because it’s trapping water underneath the paint…three different painters turned down this job and one gave me a quote of $8,000 just to strip, repaint, and replace rotting lumber. The integrity of my multi level multi tiered deck has declined and I’m afraid to have anyone walk on certain sections. Thank you Behr for creating havoc to our home.
We have the same problems with our deck as detailed by the above posters. We just learned about the closed class action and apparently are locked out. We are retired and cannot afford a contractor to strip, repair and replace the rotted wood. Is there any way we can get relief from this defective product?
My deck is starting to rot. If there is a way to file a claim please post
Lloyd, Please let me know too. My deck is peeling and the wood is getting soft and rotting. They tell me I need a new deck.
Thanks in advance,
Jack
I have a deck that is 8′ X 24′ and had applied this deck over product four years ago. After a year it began to peal and I covered it again with another coat, which made it look great for another year. Two years into it peeling and cracking became widespread and very concerning for a product that cost $150+ for five gallons. I couldn’t beleive how it began to peel in fourto six foot strips, exposing the bare wood under it , which was obviously moist to damp, and in some spots beginning to rot. Went back to Home Depot and complained at the paint department and was greeted with employees tales of many similar scenarios, and recommended removing the product and applying a paint product over that whole deck. Also told me that two products would be necessary to remove it completely , with the second product necessary to make sure the remover residue was eliminated. I tried to take most of it off with putty knives and scrapers, in order to reduce the need for chemical exposure. That process of scraping that much area is endless and took weeks to remove most of the product. I find it hard to beleive that HOME DEPOT still sells this product that is obviously an out and out scam that requires people to re do their decks on a yearly basis. The product also demeans the reputation of BEHR as having any quality products. I will never purchase another BEHR product or do business with HOME DEPOT as they are complicit in this SCAM.
We have a 2 level deck with steps leading to it which we had professionally repaired including replacement of new wood to the railings and steps leading to the upstairs side deck. We used Deck Over after the work was done We spent approximately 6,000 dollars on the entire project. The Deck over has caused our wood to become rotten, we cannot even use the steps to get the furniture off of the upper level deck. We are going to have to have both levels the entire deck and steps professionally removed and replaced! We had no idea there was a lawsuit against the product. Wish we had known!
My Deck over deck is so bad right now. I will never buy another product made them. Thecrap. Lasted 3 winters before peeling like a potato we dot screws DO NOT BUY this prduct,.
We are dealing with the same mess. Stupidly, when it started to peel, we kept touching up the peeling areas and then the rot started. My daughter’s foot fell through the deck. Thankfully she wasn’t hurt other than scratches. I couldn’t understand why my deck was rotting. I don’t know why it finally dawned on me to see if anything can be done to remove the deckover from my three levels of massive deck area and found out about the lawsuit. I emailed the link to explain my situation, and received a quick response to say the window for claims has closed!! So, while they’ve acknowledged this product will destroy your deck, they’ve paid out claims for such, those of us that weren’t notified/aware we could file a claim are left with our rotting decks?!? I’m livid.
Hi, we have same issue. What can we do? Obviously can’t save the deck wood because it’s rotted. Need to replace full deck, but with prices of the material it’s almost impossible. We need help, can this case can be reopen?
I feel the same way….why not notified I pd with credit card at Home Depot….I left a message with this web site to see what options we have….what a mess and as I said earlier not sure if you seen post that Behr just offered to pay rental for a sander. Now trying to file a claim with them…will see what happens
We used deck over on our deck because we were told it would last longer. Since we are retired we were looking forward to less work. However, ours started peeling within months.
We finally had a company come to strip and redo the surface. However most of the boards rotted by all the nails. They could not get the deck over removed from the boards. We had to replace over half the boards . The new finish shows where the deck over would not come off. Our deck is between 500 -600sq. ft. With the cost of wood today it cost us way too much money