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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 used this restore on our decks also and after less than 3 months it was peeling and discolored, our decks look awful, so much for lasting 10 yrs! How so we join this class action?
How do I join a lawsuit against this company? Restore has ruined my 1400 foot deck and rusteoleum refuses to accept any accountability except to replace the price of the product. I paid to have my deck professionally cleaned and prepped and treated with this product. Now I can’t get what has not peeled and bubbled off removed. I think my boards need to be replaced. This is a significant cost because a company sold an inferior product. Any suggestions on an attorney????
I purchased and applied as directed, look like crap the following spring. Purchased at Lowes. Looked great following months after applied the next spring half was gone. Now my deck looks worst than before. I did the deck myself in Summer of 2013. Would like to join this lawsuit. This product was so misrepresented. Now have to work to remove!!! How do I fix this problem. Again would very much like to join this lawsuit.
I purchased this product and had handyman apply on all my outside decks. I spent over 3000 dollars and all is peeling up. This is a rip off as to what was represented on commercials and brochure. How do I join this suit?
I applied two coats of Rustoleum Restore to my large deck in the back of my home. I purchase the product at 84 Lumber in Barboursville, WV. I spent right at $700 on the product and all of the recommended applicators. My husband and I applied it ourselves, and we cleaned the deck exactly like the directions recommended. This was the fall of 2013; by the spring of 2014, my deck was a mess. Large sections of the product just peeled off. To have this stuff removed would not only be a big job, but I am sure that it would cost more than I am willing to pay. I just found out about this law suit and am very interested in getting some assistance in correcting the mess that this product has created. This product was falsely advertised, and it did not do what was claimed it would.
I also purchased several cans of this product ! It hasn’t been a year yet and its peeling !!! All the money for the paint, the time invested to have it painted and now more time to have it removed How do I join the law suit ??
I am a contractor in Colorado. I used this product on my deck and on clients. I put it on in 2013 and it peeled off. I replace the bad sections with the same product in 2014. It now has also peeled off. My problem is what do I do? I either have to keep buying it and re-painting or replace the deck. Originally this product was made by a company in Georgia that also made a product that was used for bed liners in pickup trucks. I never had a problem with it. It was only when Rustoleum bought the company that the problems started. Home Depot has taken the position of…too bad, we can not help you!
We used this product two summers ago and now our deck is a mess. How do I join the lawsuit?
Put this on my deck and my Moms deck and it is awful. It has peeled and we did all the correct prep work. Don’t know how to get this mess off and it has ruined everything. Huge mistake buying this atuff. Barely survived one winter.
we also used Restore 10x on our deck in 2013. It has peeled, chipped and ruined our deck. We regret this purchase. We have photos and are looking into what we can do to make it look good again. Very dissatisfied.