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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 also used Rustoeum deck renew/restore. This product is HORRIBLE!!! The video makes it appear to be a gift from the heavens! I did exactly what the videos, the directions say to do exactly, hours of prep, used all of the name brand rollers and cleaning products, spent hundreds of dollars on these products and it didn’t survive one winter in MN. Now it is costing me more time, more labor, more pain and more and more money to try and get this HORRIBLE product off of my deck, with out ruining what’s left of the wood or having to replace the deck boards all together!!! WROST PRODUCT EVER!!! I would love to be reimbursed for all of the brand name products, all of my valuable wasted time, all of the work, blood, sweat and tears!!! Reimbursed for the pain of having to repair the deck AGAIN!!! Thanks for NOTHING!!!
In 2014, after watching the video, checking the weather, asking several questions, and using Rustoleum deck cleaner and rollers, we also applied rustoleum restore to our decks. The first year it looked really nice, but after that it began to bubble and flake off. We are very discourgaged because not only was it expensive, but it wasn’t the easiest to work with.
How do we join in the suit. We unused restore product and now need to pay close to $8k to have our deck fixed.
I am in the same boat as everyone here. I live in Missouri and it has failed. I spent around 600 on the product now I am going to spend more time removing it. I would love to join the lawsuit.
Same boat here as well..didn`t even last 6 months before it was peeling off in big sheets. What is left is still steadily flaking and peeling. Being on a fixed income it`s not really feasible right now for me to pay to have redone. Looks horrible. Was prepping my home to sell..guess the deck will just look awful. How do I join this law suit?
I used Restore 10X on two homes in Colorado in the past two years 2014, 2015. The concrete decks were thoroughly cleaned and applied in dry, warm 70 degree days. The coatings are peeling and blistering on both homes. A real mess. Steve Schmitz- Edwards, CO
Oh I had such high hopes for this product,but after only 1 1/2 yrs I have blistering and peeling. Not sure what to do now. Even the railings which don t get walked on are even starting to peel. Add me to this class action. Not only do I want a refund but I want to have them pay to have someone remove this stuff .
Please advise as to how to be added to law suit. Our deck has been ruined by this product and we are now looking at thousands of dollars to rebuild or reair.
Rock solid Deck restore was painstaking applied to my large deck in June 2014, Applied exactly to specs on the can. It took a lot more than specified by sq footage on the can. Had to purchase more. Started peeling last summer, now it is just peeling all over the deck. Tried to remove what was not peeled with a pressure washer, what a nightmare!! My deck boards need replacing. House was supposed to go on the market for sale last week, realtor suggests getting the ugly deck disaster repaired first. I want in on this lawsuit!!!
I had the same problem as all others. How do I get on list?