Class Eligibility

You are part of the Settlement if between September 1, 2012 and June 27, 2018, you purchased DeckOver in the United States (or caused it to be purchased) and applied it (or caused it to be applied) to any property located in the United States owned or leased by you.

Estimated Amount

Up to Full Refund

In addition to full refunds the settlement may include other benefits associated with the removal of the product

Proof of Purchase

Yes

Case Name

Bishop, et al. v. Behr Process Corporation, et al.
Case No. 1:17-cv-04464 (N.D. Ill.)
United States District Court for the Northern District of Illinois

Case Summary

The class action lawsuit claims that Behr manufactures and sells a line of products under the name “DeckOver” that (a) does not live up to the promises made regarding the performance of DeckOver, (b) deteriorates quickly, (c) fails to protect the surfaces to which it is applied, (d) fails to adhere to the surfaces to which it was applied and (e) causes property damage to the surfaces to which it is applied, and asserts claims under the Magnuson Moss Warranty Act, various states’ consumer fraud statutes and implied warranty laws, and the common law theory of unjust enrichment.

Settlement Pool

N/A

Deadline

02/09/2019

Contact


DeckOver Settlement
c/o Angeion Group
PO Box 15850
Philadelphia, PA 19103
877-235-9549
DeckOver@AdministratorClassAction.com

7 responses to “Behr DeckOver Resurfacer Class Action Settlement”

  1. Tina Vassar says:

    I purchased 4 cans of this for the back of my house.

    ADMIN – Hi Tina,

    It sounds like you are a class member.

  2. Christine Ross says:

    What if i have the empt cans.but not the receipt.

    ADMIN – Hi Christine,

    Try contacting the class action administrator and see if they will accept photos of the barcode.

  3. Diana Wroblewski says:

    Can I file after contacting Behr when the product peeled off. I was contacted by Behr and after sending photos of the peeling deck, I received a reimbursement of 2 additional 5 gallon buckets of Deck Over. Would that be double dipping? Incidentally, after scraping, washing and reapplying, it still peeled.

    ADMIN – Hi Diana,

    Contact the class action admin. I think you can still claim for the expenses associated to removal.

  4. David R Hammond says:

    I bought a of 8 gallons of deck over.however I didn’t save receipts or cans cause this was a little over two years ago. Who really saves receipts for products like this for that long or empty cans. Most of the time the receipts end up like blank paper if they get damp or left on the dash for a few days. How do I make a claim with no proof or am I SUPPOSE S.O.L

    ADMIN – Hi David,

    From the FAQ

    a. Refund

    Class Members may receive a refund by submitting a completed Claim Form with, among other things, the following information: (1) the number gallons of DeckOver purchased; (2) the approximate square footage of the surface to which DeckOver was applied; (3) the price per gallon paid (if known); (4) proof of purchase of DeckOver products consisting of any of the following: (i) receipts; (ii) a photograph of an opened DeckOver container that the Class Member affirms having purchased during the Class Period; (iii) a formula sticker or UPC label taken from a DeckOver container; or (iv) other competent proof; and (5) proof of a problem related to the performance of DeckOver.

    Each Class Member who provides the information described above will receive a full refund, less up to 20% in reimbursed attorney fees or litigation expenses (as discussed in FAQ 14). Class Members who do not provide proof of purchase that contains the amount spent on DeckOver will be compensated at thirty dollars ($30.00) per gallon, again subject to attorney fees and litigation expenses.

    b. Compensation for Removal or Repair

    Class Members shall be eligible to receive compensation from Behr relating to removing DeckOver or otherwise repairing their decks upon submitting a completed Claim Form with the following information: (a) the same information listed directly above under the 8-a “Refund” section, including the approximate square footage of the surface to which the DeckOver was applied; and (b) proof of damage to a deck or other substrate relating to the performance of DeckOver and consisting of (i) an invoice or estimate from a contractor to address damage to a deck or other substrate; or (ii) a receipt for supplies or equipment used to repair damage to a deck or other substrate; or (iii) other competent proof.

    Each Class Member who provides the information described above will receive seventy-five percent (75%) of the cost of removing DeckOver and otherwise repairing their decks (provided that compensation will not exceed six dollars ($6) per square foot of substrate damage), less up to 20% in reimbursed attorney fees or litigation expenses (as discussed in FAQ 14).

    Class Members who cannot provide the information in subsection (b) and attest that they repaired damage caused by DeckOver and that they cannot provide estimates, invoices or receipts for the repair work, will receive seventy-five percent of four dollars ($4) per square foot for the substrate’s surface area (again, less up to 20% in reimbursed attorney fees or litigation expenses (as discussed in FAQ 14).

    c. Alternative Dispute Resolution.

    Class Members who are not satisfied with the relief offered above may opt to participate in a free alternative dispute resolution (“ADR”) process by selecting ADR on the Claim Form.

    The Class Action Settlement Administrator will then provide additional information regarding the ADR process. ADR shall be conducted before Hon. Wayne Andersen (ret.) at JAMS, at Behr’s expense and based upon written submissions only, unless the Class Member seeking ADR requests otherwise.

  5. Sally Sanders says:

    I purchase 4 can and still had to replace my deck this year but have no recipes of anything what can I do to be eligible

    ADMIN – Hi Sally,

    Do you still have the cans? Could you ask Home Depot to search for your receipts by credit card #?

  6. Sherry Ottens i says:

    We used Restore brand on ours it has done the same thing, any hope there???

    ADMIN – Hi Sherry,

    The Restore settlement was already paid out.

  7. adam says:

    If I purchased this product on 3 different occasions during this time frame, am I suppose to submit 3 separate claims because it doesnt allow you to submit more than one receipt per claim form?

    ADMIN – Hi Adam,

    Reach out to the class action administrator via email to obtain clarification.

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