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A class action lawsuit was filed against The Home Depot Inc. and Rust-Oleum Corp. in New York federal court alleging the companies manufactured and marketed a liquid armor resurfacer called “Restore” as a protective coating that was ultimately defective and ended up cracking and peeling.
Lead plaintiff Ulbardo Fernandez alleged in his Rust-Oleum class action lawsuit that he purchased Restore at a Home Depot in September of 2013 intending to use it on the concrete floor in his garage and outside of his home after seeing an advertisement touting the product as a “smart alternative” to deck and concrete replacement.
According to the Rust-Oleum Restore class action lawsuit, the product indicated it was appropriate for use on wood decks and room-swept concrete. However, alleges Fernandez, the coating became damaged and came off of the concrete outside of his home in December and came off the floor in his garage in late February and early March of the following year.
Fernandez alleges that in August he returned to Home Depot to buy more Rust-Oleum Restore to repair the damage. He learned that the product had been pulled from Home Depot shelves and was sent back to Rust-Oleum, according to the defective deck coating class action lawsuit. The plaintiff claims he was also told by a Home Depot employee he should strip the Restore from the concrete and that many other customers had lodged similar complaints about the Rust-Oleum Restore product.
Fernandez alleges in the Rust-Oleum class action lawsuit that the materials used to market Restore “were false and misleading by virtue of the fact that the Restore product … was materially defective and incapable of adhering to wooden or broom swept concrete surfaces without peeling, cracking or otherwise becoming dislodged after its application.”
“By virtue of Restore’s material defect at the time of plaintiff’s purchases and the false, misleading and incomplete representations, depictions and instructions on the Restore buckets’ packaging labels, the defendants breached the implied warranty of Restore’s fitness for the particular purposes for which plaintiff requires Restore,” Fernandez argues in the Rust-Oleum Restore class action lawsuit.
Fernandez alleges that Restore is defective because it is prone to peeling and cracking. He accuses Home Depot and Rust-Oleum of falsely marketing the product as adhering to surfaces as a protective coating. The Rust-Oleum Restore class action lawsuit proposes to certify a Class of all people who purchased Restore in New York retail stores, with a subclass of people who purchased Restore at Home Depot locations. The claims against Home Depot and Rust-Oleum include breaches of express and implied warranty and violation of New York business law. Fernandez is seeking damages to cover the costs of the Restore product, costs of labor to apply the Restore, and the projected costs of removing the product.
Fernandez is represented by Kevin D. Bloom of Bloom & Bloom PC and Robert N. Isseks.
The Rust-Oleum Restore Class Action Lawsuit is Fernandez v. Rust-Oleum Corporation, et al., Case No. 7:14-cv-08857, in the U.S. District Court for the Southern District of New York.
UPDATE July 25, 2016: Attorneys for both sides tell the judge that a class action settlement is not far off in a set of consolidated Rust-Oleum lawsuits.
UPDATE 2: On Oct. 19, 2016, Rust-Oleum reached a proposed $9.3 million settlement with consumers who claim the company’s wood and concrete resurfacing product line, Restore, did not perform as advertised.
UPDATE 3: The Rust-Oleum Restore products class action settlement website has been established. Click here for more information and to sign-up for notifications.
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121 thoughts onRust-Oleum Restore Deck Coating is Defective, Class Action Lawsuit Says
I operate a painting business and painted a gift shop deck with Rustoleum 4x last May, 2014. It peeled and cracked horribly after only a month. I just powerwashed all of it off yesterday, April 18, 2015.
I have another customer who restored his deck last summer with Rustoleum 10x and by late fall, cracked, peeled and came off chunks. I will be removing his coating next month now that I know how without sanding since it has some cancer causing chemical in it.
Larry D. Voight
Please add me to the class action suit, I purchased this product and I am very disappointed with it. It peeled right off.
We had similar problems as stated in the lawsuit and were refunded our costs (for paint only) directly by Rustoleum but we are in the same boat-no idea how to repair!!
We purchased 18 of these 2.72 gallon buckets of this Restore for our deck in the summer of 2013 after completely preparing this deck as directed. Last summer it was cracking and peeling up so badly that this summer I am going to have to somehow get this #### off our deck?
It looks horrible and getting down on my hands and knees to scrap it off is really rough. I spent an hour yesterday doing this after it lightly rained on it and some of it peeled off very easy but what did actually stick to the deck is really hard to get off.
I am now considering replacing the top deck boards because of the amount of labor it is going to take to get this junk off our 1445 sq. ft deck. I’m sick about this and would love to get in with this lawsuit to have Rustoleum pay for these expenses.
I am in the same exact mess. Did a huge deck with it and now trying to figure out what to do so I can put my house on the market. How do we join the class action lawsuit? and does anyone know how to get this stuff off the deck? My deck is absolutely huge. this is going to cost a fortune!
We purchased $500 of Restore for our 14 x 40 ft. deck, prepared as directed, applied as directed and 9 months later it was peeling. We let mother nature help us with the removal and scraped small areas last summer and now are in the process of removing the whole thing. We can not sand it as the particles in the dust are cancer causing so we have scraped, power washed, scraped some more and will remove the remaining parts with a paint remover made for outdoor situations. Then we will have to have the entire deck sanded and refinished. All in all if I never ever saw another Rustoleum product it would be way way too soon!
We purchased $500 of Restore for our 14 x 40 ft. deck, prepared as directed, applied as directed and 9 months later it was peeling. We let mother nature help us with the removal and scraped small areas last summer and now are in the process of removing the whole thing. We can not sand it as the particles in the dust are cancer causing so we have scraped, power washed, scraped some more and will remove the remaining parts with a paint remover made for outdoor situations. Then we will have to have the entire deck sanded and refinished. All in all if I never ever saw another Rustoleum product it would be way way too soon!
I own Southern Pride Stain, LLC. My company specializes is deck restoration. I used the Deck Restore, purchased from Home Depot on three projects. Two of the three projects, the deck restore has completely failed. Cracking and chipping is the norm for Deck Restore. I stopped using this product well over a year ago. How can I join the class action lawsuit? Thank You
Did you find out how to join the lawsuit? I am in the same situation,
I applied restore to my deck 9 months ago after painstaking prep, what a disaster, it’s peeling and flaking, what a joke this products has turned out to be. I purchased this product from Home Depot because it was labeled made in USA and the sales person told me she used it with good results. Not so good, it should last longer than 9 months, short of replacing my deck I don’t know what to do!
I purchased restore in summer 2013 and applied two coats which recommended by manufacture, it lasted one winter before it started peeling.Now I am in the process trying to remove it.
I am also having the same toubles as you. Do you live in Maine? How are you going about removing this stuff off your deck?
Did you find a way to remove it without replacing the deck boards?
I purchased Restore for my deck and it didn’t cover the amount of square footage it stated and I needed to do more coats to get the coverage I needed.