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A final class action settlement is not far off in a set of consolidated Rust-Oleum Restore lawsuits that claim the product left customers’ outdoor deck surfaces ruined.
In a recent hearing, attorneys for both sides reported to U.S. District Judge Amy St. Eve that they have negotiated a draft settlement and should be able to finalize it within a few weeks.
The Rust-Oleum Restore multidistrict litigation was formed in February 2015 as a consolidation of several individual claims over Rust-Oleum Corp.’s Deck & Concrete Restore. The MDL now consists of almost 50 individual claims from over two dozen different states.
Rust-Oleum Restore is designed to resurface outdoor wood and concrete deck surfaces, supposedly to protect them and restore their appearance. Plaintiffs allege that, far from improving or protecting their deck surface, Rust-Oleum Restore peeled and chipped soon after application. Some plaintiffs say they had to replace the deck surface entirely.
They claim that Rust-Oleum must have known their product was prone to failure, due to the product testing the company conducts. Plaintiffs also cite several negative customer reviews from Internet forums like Amazon.
Plaintiffs argue the warranty offered on Rust-Oleum Restore is inadequate to cover the losses they sustained due to the product’s alleged defects. The Rust-Oleum warranty only offers a replacement product or a refund of the purchase price the customer paid for Rust-Oleum Restore. Plaintiffs argue the company should also be liable for all the other losses that resulted from the product’s alleged defects, like the costs of repairing damage and replacing the deck surface.
In denying Rust-Oleum’s motion to dismiss in January 2016, Judge St. Eve found the plaintiffs had adequately pled their claim that the warranty was inadequate. The judge also noted that discovery would be necessary to determine whether Rust-Oleum Restore was defective at the time it was offered for sale.
Before the MDL was consolidated in Illinois, complaints about Rust-Oleum Restore had led to an earlier set of class action lawsuits in other courts. In late 2014, plaintiff Ulbardo Fernandez filed his Rust-Oleum Restore class action lawsuit in a New York federal court.
Fernandez alleged the Rust-Oleum Restore he had applied to concrete surfaces in his garage and outside his home did not survive the winter and early spring. When he went back to Home Depot to buy more Restore to repair the damage, he was told Home Depot had pulled the product from its shelves, he says. The Home Depot employee he spoke to recommended he simply strip the remaining product from the concrete, he said.
In another Rust-Oleum Restore class action lawsuit, plaintiffs David and Kathleen Sullivan said Restore didn’t last a month on their deck before it began to chip and crack. Their complaints to Rust-Oleum only got them a refund of the money they spent on the product, they said. The refund didn’t begin to compensate them for the cost of having to refinish their deck, they alleged.
In the current MDL, lead counsel for the plaintiffs are attorneys William M. Audet of Audet & Partners LLP and Katrina Carroll and Kyle Alan Shamberg of Lite DePalma Greenberg LLC.
The Rust-Oleum Restore Multidistrict Litigation is In re: Rust-Oleum Restore Marketing Sales Practices and Products Liability Litigation, Case No. 1:15-cv-01364, in the U.S. District Court for the Northern District of Illinois.
UPDATE: 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 2: 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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61 thoughts onRust-Oleum Restore Lawsuits Close to Settling, Judge Told
Worst product ever,,, Tried everything ,, I want in on this law suit… shame that the cost of this product and now it take every moment I have to try and fix my deck, cant paint over it cause it is coming off so bad. I can afford to replace my board or hire anyone to fix it. I bought a sander and sand paper and have worked so hard, it takes for every to get the spots that are stuck on to even get it off, tried to get to the nails to remove boards impossible.
Terrible, Single Woman, back yard with my deck,, LOOKS TERRIBLE. I have had several try and help me, I guess it is on my hands and knees to slowly sand, scrap.. I cant afford to replace my boards. Horrible product. 614-270-8267 I want in on this law suit… susan.Cottrell@franklincountyohio.gov
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I will also be calling. I have a well documented nightmare with Restore over the last two years. This has cost me a great deal of money and will cost 5 times that to get my deck restored, no pun intended.
I too have used restore, now my deck boards have rotted!!! I will have to replace my entire deck!!!!!!!!!
I applied the Restore in the summer of 2013 to the big southern style porch on my home. . By spring of 2014, it was a mess! I was told to sand off the areas that were bubbling and reapply. I did that and it peeled and bubbled more. I called the company again, asking how to just get it all off so I can paint the porch. They said to use the deck remover and a power washer. I tried that twice, without success. Some places peels off and other places, it is hard and solid and stuck. I can’t get the nasty mess off. I’m going to have have the floor of this porch completely replaced to get an even smooth finish again. I am sick over this mess as it will cost me about 12 times over the cost of the original product to get the floor replaced…. plus hours and hours of work trying to get the stuff off and the porch cleaned up from the mess.
I also used Rustoleum Restore on my covered deck in Florida after following all of the directions and it has bubbled & peeled off in huge sections. There is black mold around the edges and a type of green fungus on many of the boards. I am afraid to scrape what’s left off for fear of breathing in the dust! Scares me for my dogs to even lay on it now.
Hopefully, am not too late to join the lawsuit. The nice guy in Lowe’s paint department told me to register as a complaintant.
I’ve left a voicemail at Audet & Partners about wanting to join in on this lawsuit. We stained our deck with Rustoleum Restore 2 years ago and our beautiful deck looks so bad now. We tried to remove it with a power washer, but it is not easy. Waiting to hear back about what we need to do next.
Can we still join the lawsuit I’m in Canada
I sent pictures and receipts to Rust-Oleum. My deck is ruined from the use of Rust-Oleum Restore. My only choice is to tear down a structurally sound deck and build a new one. I received a check from Rust-Oleum that only covered the cost of the product. I have not cashed the check because it is not acceptable!
We, too, are victims: after just one year (2014-2015), our entire 900 sq. ft. deck was ruined. Now we face expensive repairs as we attempt to sell our house. Estimates are anywhere from $4-5k to replace the boards damaged by this defective product.