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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
Not only should they be sued but all who have used this product should boycott all rustoleum product and any other companies they own.
Another unhappy buyer.
Purchased Restore 10x and redid our front and back deck. Followed the directions to a T….perfect weather and within a few months, it started peeling and bubbling. Then returned to Home Depot, purchased some more Restore to patch what was peeling and bubbling and couldn’t keep up with the peeling. What a mess and so much deck damage. Restore came highly recommended with a lot of guarantees….All FALSE. Don’t ever buy or put this crap on anything. If you buy a home with restore on the deck or anyplace, have the homeowner who is selling either get that crap off or replace the deck.
Same as everyone else. Painted 1.5 years ago and large chips og crapoleum is coming off everwhere. Yes I would like to be included in this class action law suit
I have a 3 tier deck that we did all the hand rails in the 4X and the deck boards in 10X BOTH are failing! this product was a complete disappointment, When we first did it i thought this is the best… my emotions have changed now this stuff is $hit !!! what a complete and utter disappointment! within 2 years it has peeled and blistered, we have several hundred dollars and untold hours re-storing our decks and now we cant get this stuff off! Please let me know who I need to contact to get some help in getting my decks back to at least usable without pieces following me into the house! I have used several Rustoleum products and always been satisfied but I don’t know if I can ever refer their products based on this experience!
We too were duped by this horrible product . We tried to remove the product to no avail. It only cones off easily on the parts that are cracked. We are in the process of having the damaged deck boards removed and replaced with new ones which we are having to pay out of pocket for. This product has been a real disappointment. Sure thought Rustoleum put out a better product than this! The company refunded my purchase price for the product with my receipts but that doesn’t help with the costs I am having to endure with the deck board replacement . Please add me to this Class Action Lawsuit also. Thanks
Add us to this list of consumers that have been duped ! Deck is ruined and will never be the same ! RUSTOLEUM USED TO BE TOP OF THE LINE !!! We are out $250 plus costs of Removing this junk !
How Do I join the class action suit? My Deck is now damaged after I used Restore. I painted the deck with Restore about 18 months ago and not only peeled off it also damaged the wood because it made it absorb the water. I wish that I could upload photos of deck now after RESTORE.
I’m in same boat as a lot of others. I have gotten 12 gallons of the restore 10x we did everything it called for and even got the special rollers … product says will cover up to 1/4 inch cracks ( didn’t even cover 1/8 inch cracks ..put coat after coat still doesn’t. ItS like trying to roll Concrete……very bad product…now have to replace redo deck …who pays my labor and time and more material to redo…
How Do I join the class action suit? My Deck is now damaged after I used Restore. I painted the deck with Restore about 18 months ago and not only peeled off it also damaged the wood because it made it absorb the water.
I have this crap on all three of my decks and as a result of the horrific peeling I’ve tried everything to remove it. Guess what? It’s near impossible to remove the sections that want to stay down! Unfortunately 50% is peeling so I have no idea what to do next. Would love some information on this class action lawsuit
I also used Rustoleum 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!!!