Class Eligibility

Class Members of the Rust-Oleum settlement include: “all persons and entities in the United States and its territories who purchased, not for resale, a Restore Product (Deck & Concrete Restore, Deck Restore, Concrete Restore, or Restore 10X) from January 1, 2008 through October 20, 2016.”

NOTE: Restore 10X Advanced, Restore 4X, and other Restore products are not included in the Rust-Oleum class action settlement.

Estimated Amount

Varies, depending on the type of documentation submitted.

Case Name

In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability LitigationCase No. 15-cv-01364

District Court for the Northern District of Illinois

Case Summary

The makers of Rust-Oleum Restore are agreeing to settle this lawsuit where the plaintiffs allege that their product prematurely fails by chipping and peeling resulting in additional expenses and failing to meet the promises made by the manufacturer in their marketing claims that describe the products as lasting as long as you own or reside in your home

The plaintiffs assert that this claim is false and the products peel, chip and fade resulting in vulnerabilities to the painted areas

Rust-Oleum denies the allegations but will settle to bring this matter to an end

Settlement Pool

N/A

Deadline

09/05/2017

Contact


In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation Claims Administrator
c/o Kurtzman Carson Consultants (KCC)
P.O. Box 43432
Providence, RI 02940-3432
1-844-762-5370
Admin@RustOleumRestoreProductSettlement.com

59 responses to “Rust-Oleum Restore Class Action Settlement”

  1. Matt walmer says:

    I purchased rustoleum from ace hardware to restore a rear end in my k1500 and the enamel chipped off within 1 month of application

  2. Tanya D Rison says:

    I bought it to restore 4 chairs and it sulked and peeled within 5 weeks

  3. Candy Marquar says:

    I purchased rustoleum to recover some metal plates. Within a week it started chippin and the peeled off

  4. Manoucheka dixon says:

    That’s true. I used it & it cracked & peeled off.

  5. Richard E Mansfield says:

    purchased about 20 cans to paint a truck and it chipped

    ADMIN – Hi Richard,

    I don’t think truck painting was the intended application.

    • james says:

      So the steel on his truck is different from a steel chair how?

      Per the back of the can:

      “Apply to wood, metal, plaster, masonry or unglazed ceramic. Durable formula resists chipping and fading.”

      Pretty sure metal is metal…

      • james says:

        Disregard… The paint type on this exact claim is specifically for non metal paint. Heh heh

      • Richard Reed says:

        Deck & Concrete Restore, Deck Restore, Concrete Restore, or Restore 10X not Steel or Truck paint Sorry, if you paint your truck with deck paint it will come off pretty easily……..

  6. Alan says:

    I bought 11 of 2.72 gal Restore 10X in 2014 for $614.79, have receipts and pics showing product peeled and failed… Had to have the stuff professionally removed from my 30X32 deck which was supposed to have cost me $650 but ended up costing me $975 to get my deck back into the pre-restore 10x condition. What a nightmare… thanks Rustoleum

    • Gary sather says:

      Hi my name is Gary I’m at Deck Builder
      I put the stuff down on a couple decks and recently tore up a deck with the rustolemum material on the deck,can the homeowner and get Money back on my labor to redo her deck thanks Gary

      ADMIN – Hi Gary,

      Here are the terms:
      Settlement payments will vary based on the documentation you submit with your Claim Form, whether you experienced a Qualifying Problem (adhesion-related problem with a Restore Product), the type of problem you experienced, and the number of Claims submitted. The Claims Administrator will use the following guidelines in evaluating Claims for initial payment:
      Tier 1: Settlement Class Members who include proof that they purchased a Restore Product during the Class Period and proof that they experienced a Qualifying Problem with that product are eligible to receive their choice of either (a) reimbursement for the Restore Product purchased, or (b) enough Restore 10X Advanced (and primer) to cover the area where the purchased Restore Product was applied.
      Tier 2: Settlement Class Members who include proof that, because of a Qualifying Problem, they have or will incur costs to remove the Restore Product from a deck or other substrate (including the amount of these costs) and a statement indicating the percentage of the area requiring removal are eligible to receive Tier 1 compensation and a payment equal to the lesser of (a) $2.00 multiplied by the square footage of the area the Restore Product was applied, multiplied by the percentage of the area requiring removal; or (b) the amount indicated on the proof of removal costs.
      Tier 3: Settlement Class Members who include proof that, because of a Qualifying Problem, they have or will incur costs to repair or replace decking or other substrate (including the amount of these costs) and a statement indicating the percentage of the area requiring repair or replacement are eligible to receive Tier 1 compensation and a payment equal to the lesser of (a) $6.00 multiplied by the square footage of the area the Restore Product was applied, multiplied by the percentage of the area requiring repair or replacement; or (b) the amount indicated on the proof of repair or replacement costs.
      Special Circumstances Supplemental Compensation: In addition to the above payments, if the Claims Administrator determines that sufficient funds exist after calculating all eligible payments, expenses, and other costs, applications for Supplemental Compensation to Settlement Class Members due to Special Circumstances will be considered and awarded under the Settlement. Special Circumstances may include any additional out-of-pocket costs associated with removal and replacement of Restore and/or the decking or other area where the Restore Product was applied.
      HOWEVER: IF the Claims Administrator pre-selected the “Yes” boxes for questions 1 and 2 in the Tier 1 portion of the form, the Claims Administrator has received the required proof from Rust-Oleum.

  7. Kim says:

    We used 4 gallons of it for a fence and in 2 months started peeling its a true mess and we spent literally 4 days applying it exactly as instructed.

    ADMIN – Hi Kim,

    Have you filed your claim?

  8. David Ryan says:

    I used it as a third. Party. I also prepped the entire area with meratic acid. No peeling or adverse side effects so far. Used in Northeast Syracuse area. Curious how it responds

  9. Wanda Sue Bailey says:

    I used 20 gallon of the deck restore and with in two months it had piled up and my deck is a mess. I contact Lowes And they said there was nothing they could do but I could all his company, done that and no response

    • katherine lean says:

      Same problem here and the product is not cheap. I spent a lot of money to do the patio and the deck and both look terrible now.

  10. Leslie says:

    I bought this to use on my patio furniture soon after use the finish on the furniture was destroyed no a good result at all

  11. Sherrill Hays says:

    I purchased twelve gallons of the concrete restorer, my driveway was splaying and the RustOleum had several days to cure and I thought it was going to work. Several weeks later it looked as if I had not spent five days applying, it all was gone. Either the rain or wind totally removed and you can see the splaying now. Totally a defective product

  12. Eddie J Smith says:

    I did my dinner table with it a month later look very rough crack on the stain are it didn’t work like it said it would.

  13. Brian Reese says:

    I placed Restore 10x on my deck. Within 2 months started to peel in spots. “Was applied to bare wood” After 2 years everywhere it was applied is now rotting. My self and my 40lb 5 year old has stepped threw the 2×8 deck boards in different spots. Deck is only 6 years old. and several feet off the ground so air flow under deck is not an issue. Some places only regular stain was applied on the deck boards and are doing fine. Now I am looking at a complete replacement of the deck. $$$

  14. Larry Cardani says:

    I used this product on my deck its all coming up 700 sq feet

  15. BARBIE BECKMAN says:

    Used on my patio furniture better off throwing it out now!!

  16. Laura Chojnacki says:

    I bought it from Home Depot in summer of 2015 and my deck still looks like crap from it chipping off within a month! It even chipped off from under the deck railing where it was protected!

  17. Carol Hoglund says:

    Painted my deck thinking it would last a while. well peed the first rain. loved working with the paint. sorry it just didn’t last.Carol Hoglund

  18. Sophia A Irving says:

    Where did Rust-Oleum do their test and on what products. Surely it was not the products I purchased. I used this product to restore and preserve my outdoor furniture. I was quite disappointed in the results but did not throw out my furniture just purchased another non- Rust-Oleum product. Would be grateful for refund of the 8 cans purchased.

    ADMIN – Hi Sophia,

    To qualify for a refund you must file a claim.

  19. Miriam Sharif says:

    I purchased this product to refinish a table and the paint began to check within a month or so.

  20. Dave M says:

    3 decks have to be completely replaced because of this terrible product. Now I’m told I have to have the receipts in order to qualify for the settlement. Why can’t I just send in the peeled off product to you to analyze. It’s hard enough dealing with the rotten mess you have created for me with your defective product….I would say rustoleum be responsible to analyze the peeled chips for those of us that no longer have access to the receipts.

  21. NICOLE J BECKER says:

    Do u have to have proof of purchase for this one?

    ADMIN – Hi Nicole,

    the deadline has passed

  22. Mike says:

    ADMIN,
    I purchased 3 4-gal buckets of Restore 10X and 2 1-gal cans of Restore 2X about a year ago but didn’t get around to applying it last summer. Now I see this class action lawsuit and all the problems this stuff has caused. Can I file a claim without receipts (who keeps receipts for a year?) and without proof that it failed? There’s no way I’m applying it now with all the proof out there that the product is defective.

    ADMIN – Hi Mike,

    I would print a copy of the notice and would take it with me to the place where you purchased the product to see if they will give you a refund.

  23. Jeanine says:

    I just learned about the class action suit. We used it for out spa and it was nothing but trouble. Is there any way to to still apply? I still have the information

    ADMIN – Hi Jeanine,

    You no longer have legal recourse.

    • Karen says:

      Yes, there should still be legal recourse, I saw that the deadline was extended till September 2017…

  24. Karen says:

    I applied restore 4x to my deck and the same thing happened, the deck has peeled and is ruined. I believe Rust-Oleum is responsible for the damage done to my property. I am going to find out about starting a class action lawsuit on the 4x since I called and they won’t otherwise do anything

  25. Shahana Dombeck says:

    I bought almost a $1000.00 worth of the Rustoleum 10 x product for my deck which is 800 + sq. ft. I purchased it at Home Depot, Lake Delton, WI. I believe in the summer of 2015. The sales person said it would last a life time. It gradually started peeling off in a few months. I recoated the spots again but the peeling continued in several areas now. The deck looks terrible now. I thought I could power wash it and take off all the crap. I purchased a new 3100 PSI power washer. Some loose paint did come off, but it looks even worse. The deck boards are in good shape. The only way probably I could get all the paint off would be to get it sand blasted. I got a price of $1,500 to take off the paint by sandblasting. Somebody tell me how I should proceed. I am very disappointed and frustrated. Either I have to sandblast it or redo the whole deck. I do not have the receipts but I am sure Home Depot could track it down. A real nightmare.

    ADMIN – Hi Shahana

    Why don’t you reach to Home Depot first to see if you can get proof of purchase?

  26. john says:

    I wish this was for metal. It seems like every year I have to repaint my wroth iron railing. But that chips and peels. And also does not stop rust.

  27. Lisa says:

    I applied 4x to my 900
    Sq ft deck 3-4 yrs ago and it started to fail a few months after. The next summer the deck was bubbling and peeling everywhere. We spend 3 days and many hours, even paying friends to help. They want to replace the product with 10x but I am reluctant to apply it. Also, I can NEVER get back the time and effort put in, and I am afraid it may happen again! I am calling them again before I accept the product-I would rather have the money.

  28. Marie Pilone Kuczynski says:

    We used rest last summer and it is peeling and cracking in 6 mo. from summer of 2016 until now May-2017

    I would like someone to contact me about this problem

    ADMIN – Hi Marie,

    We are not able to assist you. You must contact the class action admin directly.

  29. Linda says:

    Ok I am totally irritated! I bought Restore Deck Over 4X last year from Home Depot in Harrison OH. We did everything it said. Pressure washed it, cleaned it with deck cleaner, then put 2 coats on! Guess what! Different boards are showing bare wood thru the coating! We spent tons of hours on this deck! It has not lasted one year! It is a huge deck(28×10 and 30×10 with wooden handrails). Our whole summer was taken up last year with working on it. I was elated that it looked so good because it had been let go. We chose the chocolate color with green lattice! Ok, now let’s see, do we want to take the time and money to do it again? I freaking don’t think so!!! This needs to be addressed by the company immeditely!

    • Karen says:

      Hi Linda the same thing happened to me with the 4x. Maybe we should start a class action suit as I am sure there are many, many more unsatisfied customers

  30. Chris Cram says:

    I have used this product and it peeled the first summer . We sanded rough peeling spots as instructed and repainted the whole deck again .Same problem. Tried again as could not afford to perfessionally remove product. Just tried to make it presentable.Of corse it peeled. We know have scrapped and sanded off what would come up and purchased a Behr product that seems to work great except when remaining rustoleum decides it will NOW come up. What a mess . Now only answer is to replace all 650sq.ft. Deck! Can’t afford to do that! Of course Home Depot cannot provide proof of purchase so I may be out of luck! Suggestions?

    ADMIN – Hi Chris,

    I have no suggestions. Perhaps you need to reach out to the admin to see if they have any ideas.

  31. Karen says:

    Can we add Rust-Oleum 4x to the class action suit. I have had the same horrific experience with the 4x as others have had with the 10x. Maybe start a new suit for 4x.

    ADMIN – Hi Karen,

    If you believe there is an opportunity for a class action lawsuit I encourage you to contact a class action attorney.

  32. TOM says:

    WE SPENT OVER $1,000.00 & UNTHINKABLE AMOUNT OF TIME APPLYING THIS STUFF,, LOOKED GREAT IN THE FIRST YEAR,,, NOW THE DECK LOOKS LIKE CRAP,, 75% OF IT HAS COME UP….. I TALKED TWO FRIENDS INTO GETTING THIS & NOW THEY HATE ME THE SAME THING HAPPENED,,, THE CONTRACTOR SAID WE MAY HAVE TO TEAR UP THE BOARDS & REPLACE,, WE’RE TALKING ABOUT 2 X 6,, PT,, NOT DECK BOARDS!! ALMOST 900 SQ FT.. this crap is now flaking off & getting into my pool..

  33. jane says:

    Why wasn’t the 4X included in the class action suit? We used that and got the same results that everybody is talking about the 10X. Peeling and chipping. It was a summer project to put two coats ..top and bottom. on over 600 sq ft.plus the railings and the posts. Now hours of work to get it off. They knew the product wasn’t working and they kept selling it. Never again will I buy a Rustoleum product.

    ADMIN – Hi Jane,

    We don’t know. Probably because it is not proven to be defective.

  34. Mike says:

    We bought over $1,300 of this stuff to stain our large, 3-level deck that leads down to a lake. Within 6 months we had large strips of it coming off. In other places it’s extremely difficult to get off. The stain traps water in the boards which damages them, and we’ve spent more money replacing many boards. The deck at our beautiful lake home is now a Frankenstein’s monster of partially stripped sections, new boards that are unstained and curing, and sections that are bubbling up just waiting to peel, and sections that are completely fine. Given how large our deck is I really have no idea how we can affordably fix this debacle. I’m looking at a total replacement of my deck, and the Tier 3 settlement, assuming we get it, is only about 25% of what the decking company says it will cost to fix this.

  35. Donna says:

    I cam sympathize with all of you. I put 20 gallons of the Restore 10x on 670 sq ft of decking. We got 2 years out of it and are now trying get it off because of the peeling and bubbling. It’s a nightmare. We spent 4.5 hours yesterday using a stripper and only got 8 boards done. Oh, by the by don’t use the Wolman they suggest, rustoleum made it and it didn’t touch the stuff. We are now going to get bids for a new deck.

  36. RON WEISS says:

    10 gallons wasted money. it peeled within a year. now i’m stuck with getting the patches off. what a pain!!!

  37. Greg Asay says:

    I bought 10 gallons from Home Depot and rolled it on our deck. It lasted fairly well until winter set in. Ones the deck started to get wet the restore finish started peeling up in sheets. It took same time to get the finish off in a few spots but the rest just peeled off.

  38. Debbie Lowe says:

    I purchased over 400.00 worth of the product…it faded and chipped…ruined my deck…could not remove product..replace part of the deck for over 1600.00…really needed replace entire deck railings and supports ..but only could afford partial replacement…rustolem did not stand up for what was advertised or claimed the product would do

  39. Mark says:

    I bout 10 gallons of Rust-Oleum 4x and used about 7 or 8 gallons on my deck about 2 years ago. It is the worst paint type product I have ever used. I have spent the last few weeks scraping and sanding. Thanks for the ruined deck Rust-Oleum. I don’t believe the 4x is part of the lawsuit which makes no sense.

  40. Darlene says:

    Purchased 5 gallons of the 10x Rust-Oleum Sept 2016 from Home Depot. Sealed the deck as recommended on the product and opened the 4 gallon pale. My painter informed me it was not applying like it should plus the color was not what was expected. The 5 gallons were taken back to Home Depot Paint Department ( Ranson WV) for them to shake it up to see if that was the problem. Informed by Paint Department that a class action lawsuit was in progress and we should signup. Was trying to return product to Home Depot instead because of the 1-year return policy. Informed they did not sell the product any more and since it was purchased on their website it was not their problem. Told to contact Rust-Oleum through the 800 number for their action. Called Rust-Oleum to have them return 10x; however, informed the 2016 purchase was not part of the settlement. They said go and apply the 10x and it should be alright. Also was told we would need to reapply the initial treatment for it would not work since it was 2 weeks old. What should I do? Don’t want to reapply primer then the 10x product to find out you all were right that the product peels, etc.

    Hi Darlene,

    We are not paint specialists thus we are unable to give you advice on this matter.

  41. Maxine Larkins says:

    I previously filed a claim but did not have nor could I get receipts from the store where I purchased it (Home Depot0. I have a claim number. I do have 2 home deport charge receipts one for $363.30 purchased 5/18/2013 and a second from 4/14/2013 for $71.86. My claim number is 60018104201. This does not include purchases made since to replace boards and strippers and labor to remove. I have not heard anything further and want to know if I am part of this settlement

    ADMIN – Hi Maxine,

    You need to contact the class action administrator.

  42. Deborah Summerford says:

    I purchased Rust-Oleum product for my deck , almost $1000.00. Between Lowes And Home Depot. Followed instructions , half of my deck is peeling looks horrible!!!!! I”m a widow on limited income. The reason for installing this product, was for safety , no slipping during inclimate weather, and longgivity .Now need total repair on half of my deck, I have proof of purchase from .Lowes, working on Home Dept .Rust-Oleum should stand behind their product . They are in the wrong and should face their responsibility,and pledge for their product !!!!!. And I have to add what a disgusting way to advertise a potential lawsuit then in the back of of a magazine, everyone does not stay on a computer , they have a life.

    ADMIN – Hi Deborah,

    I am sorry you are having trouble with your Rust-oleum. It is precisely because it was defective that there is a settlement. As far as how this is communicated using the same means that are originally used to advertise the product is a pretty standard practice. I encourage you to file a claim using the link provided above.

  43. Ron Taylor says:

    I just purchased 2 gallons of restore to apply to concrete stairs and porch. After reading some of these comments I am having second thoughts about using it. Has any changes been made in the formulation to correct the peeling and blistering issue, or should I just get my money back?

    ADMIN – Hi Ron,

    I used Behr for my deck because I had a similar concern.

  44. Hanna says:

    Hi there
    Does anyone know when we get a check from the company? I submitted everything month the ago.
    Thanks

    ADMIN – Hi Hanna,

    The deadline was September 5th. After the deadline the class action administrator must process all the claims and there is an opportunity for appeals. It is only after all of that has taken place that you are likely to see a check.

  45. Anne says:

    I also applied over $500 worth of this product on my deck 3 years ago. My deck is ruined! I filed my claim last year and still waiting for a settlement. Tired of big companies taking advantage of average citizens getting rich off of us while advertising their product is awesome and it is a piece of crap! Probably won’t see any compensation because they won’t take responsibilty! This is why America won’t ever be great again lol.

    ADMIN – Hi Anne,

    Before you doom us to a never great America please call the class action admin or email them to check the status of your claim.

  46. Jerry t says:

    Did they extend the deadline past sept 5th to put in a claim ?

    ADMIN – Hi Jerry,

    It does not look like they did.

    • Jerry t says:

      Thx for response . Is there some way to find out for sure?

      ADMIN – Hi Jerry,

      Let me reword it. For sure they did not extend the deadline. You can go view the notice and you will see that the deadline was not extended.

  47. Tom says:

    I completed the rebate paperwork at the beginning of September. How long before I hear something?

    ADMIN – Hi Tom,

    It may take months if not years. If there are appeals the payments will be delayed.

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