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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
The Restore which, was professionally applied, bubbled up and began peeling four months later. The company will do nothing except provide more of the same inferior product. My deck is huge. It’s going to cost a fortune to either have the product removed (how to get it off?) or install a new deck. I want to be included in the class action lawsuit.
I had the very same problem spent over 600.00 dollars on this plus 8 hrs of my time
and it is pealing and lifting off in less then one year,
I wish to join this Law Suit, Please let me know how to join
Thank You
Tom New Jersey
We purchased 20 of the 5 gallon buckets of the restore at Home Depot to cover our back yard deck. We followed all the instructions to the letter and applied the Restore in the spring of 2014. By Summer of 2015 the restore was already peeling, bubbling and cracking. Our deck is large and we are not sure what can be done now to fix the problem of our horrible looking deck. you can no longer see were the screws are to even attempt to take the decking apart to replace it. Unfortunately our deck is ruined. How can we get involved in the lawsuit?
Started refinishing my deck in May of 2014. By Oct is was peeling and flaking off. I spent numerous hours working on the deck and made sure I followed all the directions according to the manufacturer because I wanted to make sure this worked. Well hours and hours and $500.00 and it looks must worse then before I started. Now I have to refinish the deck again and I am trying to figure out how to get this stuff off. Very unhappy. I have to do this myself and I do not have the time, this is why i bought the product in the first place so I would never have to do it again. I would like to be part of the lawsuit.
We purchased and applied the Restore in the summer of 2013. In the spring of 2014 it was already peeling. Our deck is large and nothing can be done now except to tear it down and re-build and we can’t afford to do that as we are older and living on Social Security. It is ruined, looks horrific and is the first thing visitors see as our driveway comes in to the back of our home.
Is it too late to join class action? Thanks
Used Restore on cement porch and sidewalk. A waste of time and money! Put on in 2014 and now looks terrible, peeling everywhere and bubbling in other places. Had tried over and over with the power washer to remove this mess! I hope I never see a Rust-Oleum product again. How do I go about getting money reimbursement for this toxic, mess!
Used Restore on cement porch and sidewalk. A waste of time and money! Put on in 2014 and now look terrible, peeling everywhere and bubbling in other places. Had tried over and over with the power washer to remove this mess! I hope I never see a Rust-Oleum product again. How do I go about getting money reimbursement for this toxic, mess!
Is it too late for me to join the class action? I purchase over $ 200 of the product and followed all directions and it is cracked, peeled away leaving the whole deck looking like trash. It stained areas where the stuff has peeled off leaving stained areas and non stained areas.
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.