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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
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.
question in regard to Deck Restore that was purchased before Synta sold product to Rustoleum. What do the consumers that purchased product before Rustoleum became involved. The product is still same crappy product. All misleading information on the container, flyers and store associate information that was given. 1400 square ft of deck that didn’t have a lot of age or wear. Now rotten and having to replace deck boards as can afford. A few at a time. This surely isn’t fair to anyone that bought product just before the Rustoleam company took product under their name.
We too used this on our back and front decks. Started cracking and water then got under the coating and holding in the moisture on the deck boards and railing. Started power washing to get all loose off, wow looks terrible. So upset. I want in on this lawsuit !
We too used this on our back and front decks. Started cracking and water then got under the coating and holding in the moisture on the deck boards and railing. Started power washing to get all loose off, wow looks terrible. So upset. I want in on this lawsuit !
We used it on both front and back deck of house, horrible just horrible, was chipping in about the first month we had it on. So my husband thought it needed another coat, nope that didn’t help made it worst. Can we get in on the Lawsuit also?
rustoleum is not acceptable.
I’m trying to get in on this class action law suit. I have the same problems everyone is having. I contacted rustoleum they offer to pay for product, but that is acceptable we have a 16 x 32 deck that the wood is rotting on my husband is now handicapped he can no longer work on it. I need help getting the wood replaced.
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!
We applied this “awful” product last year, after less than a month,, we seen some chipping and peeling, within months, we were having problems all over. We received a refund for the purchase price, but less than a year of putting it down, because of the peeling , water became lodged under and some of the wood rotted, we just replaced our whole deck for $1600.00, now the refund for the product warranty doesn’t cover any of the damage, I would like to be included in this suit, we have have taken picture throughout the last year of the damage, and even during the process of removing the deck (the rotted wood spots). Besides the money, their was a ton of our time and labor involved. Does this suit include the state of Massachusetts?
I did two decks with this stuff only to have it peal off in sheets. I had bought enough to also do my personal deck (4gallons) and will not be using it.
Very disappointed
Connie larsen
We have a 2 level patio–it looked great for about 3 days after we applied this product–It looks like crap now. Now we have boards that absorbed water and are bent and warped–we’ll have to replace it to keep it safe. I’ve already sent in the receipts for the warranty to kick in and we did get reimbursed for what we spent. But it’s going to take a couple thousand to fix the mess it created.
I wish someone would have told how bad this product is. My porch is a mess we used Rust-Oleum on it and this crap started to peel with in a year !