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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
we purchased restore for a very large deck and in less than a year it was peeling we spent a lot of money and time doing it correctly very disappointed and now our deck is ruined. please let me know how to get in on the lawsuit. still having trouble removing what is left and it looks hideous! we have plenty of photos
We used Rustoleum Restore purchased at Lowes in the summer of 2013 and have re applied it several times. It did not even last one year. Please advise me as to how to be a party to this law suit. It will be a major ordeal to remove it from the two decks and banisters at my house.
Im flipping boards on the floor, replacing the rails and sanding the posts with 36 grit sandpaper. I tried every chemical available to no avail.
i purchased restore devil over last summer to cover the splinters that it claimed to do. I have a two year old that it didn’t want to get get splinters less than 11 months later we have chipping, peeling, bubbling paint! Not only am I in fear of that the paint may be harmful to my child and dog as it chips but let’s not forget about the small fortune and time it took to do and now it has to be re done! More time more money extremely dissapointed in this product!
Same issues. Spent over 600 dollars and am now left with a disaster. Out of dough but can I join a class action lawsuit???? Please and thank you
HOW DO YOU GET THIS CRAP OFF?? I have tried scraping, a heat gun and a sander. Short of ripping out the deck or spending more $ to put more on top of it I am at a loss. How do you join the lawsuit?
I was thinking about pounding it off with a hammer. Not funny but what else? We need to get the screws out from under this stuff to remove the boards. TREX will be the replacement. Should have used TREX or something similar to begin with.
Same problem here. I spent all last summer trying to remove it, and am continuing this summer. And now I hear its toxic?!? That’s great! I’d like added to the lawsuit as well.
I would like to get on the class action lawsuit too. I put this on my deck about nine months ago and it has peeled in places. I followed the prep directions exactly and I took my time applying it. Now I absolutely cannot get the product off my deck. It looks like I will have to replace all the boards.
How can I get added on this class action law suit? This stuff has ruined my deck.
Be very careful about removing any of it. I was advised that the stuff is toxic and should be removed by professionals.
I have had the same issues as everyone else here. I contacted a professional for assistance in removing what 10X was still attached to our LARGE deck and the professional that came by to give me quote refused to do anything with the removal process of Rust-Oleums 10X….he merely told me, Good Luck! This professional in the field of restoring and repairing wooden decks refused to work with or around 10X. He said many people have had problems with it but he will not work to remove it….he said I may have to rent a sandblaster to remove it! My deck looks like crap and now it may quite possibly be ruined from this 10X crap! I live in Indiana….and I spent over $400 in materials…. I bought mine at Lowes in July of 2014 and they are still selling it at the local store!
There is nothing toxic about this paint, but it is junk…but I can sell you a bridge!