Rust-Oleum Restore Class Action Lawsuit Filed Over Problems With Wood Deck Products

Russell Maas

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Rust-Oleum faces a class action lawsuit over its line of Restore deck products, which alleges the company falsely advertised the products as superior and effective, when in fact they are prone to adhesion failures and often leave consumers with expensive repairs.

The complaint (PDF) was filed by Nancy Cole in the U.S. District Court for the Northern District of Illinois Eastern Division on May 25, seeking class action status to pursue damages on behalf of all consumers nationwide who paid a premium for Rust-Oleum Restore deck products, based on misleading and false benefits purportedly offered by the products.

The lawsuit involves Rust-Oleum Restore Deck Start Wood Primer, Restore 2X One Coat Solid Stain, and Restore 4X Deck Coat, which are collectively referred to in the complaint as Restore products.

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The plaintiff claims Rust-Oleum markets these surface applications for use on wooden decks and similar structures which require periodic upkeep, advertising that the products are superior, durable, resist the elements, and require lower-maintenance. However, the lawsuit indicates these advertising claims are deceptive and misleading, and were only designed to influence consumers to pay a premium for products which do not live up to the company’s claims.

Specifically, Cole claims the Restore products prematurely degrade, chip, peel, flake, strip and deteriorate. Contrary to label claims, the Restore products fail to provide the advertised protection for decks, patios, and other structures to which these products are applied, causing those consumers to suffer extensive damage and to incur monetary losses, according to the complaint.

The Rust-Oleum class action raises allegations that the manufacturer knew, or should have known, the Restore products suffer from a defect during pre-sale testing, yet omitted and concealed the information to persuade consumers to pay a premium for their products based on false label claims.

Cole further claims Rust-Oleum Corporation refuses to recognize the defect, and when consumers complain about how the product failed, the manufacturer’s only remedy is exchanging the product with a similar defective Restore product, or providing a refund for the cost of the Restore product, leaving customers with the expenses of repairing their decks and patios.

The lawsuit presents claims of breach of express and implied warranty, fraudulent concealment, negligent misrepresentation, unjust enrichment, and violations of the New York Deceptive Acts and Practices Act.

Cole seeks to represent a nationwide class or, in the alternative a class of New York state residents, who purchased one of the products and suffered related injuries. Cole further seeks to recover three times the cost of class members actual damages, up to $10,000 per individual.

The Rust-Oleum Restore lawsuit is similar to the a class action filed against the manufacturer in January 2016, which also raised allegations the company’s Rust-Oleum Corp.’s Deck & Concrete Restore and Restore 10X products did not perform as advertised. Parties in that lawsuit ultimately reached a $9.3 million settlement for class members impacted by the losses caused by the wood and concrete resurfacing product line.

Russell Maas
Written by: Russell Maas

Managing Editor & Senior Legal Journalist

Russell Maas is a paralegal and the Managing Editor of AboutLawsuits.com, where he has reported on mass tort litigation, medical recalls, and consumer safety issues since 2010. He brings legal experience from one of the nation’s leading personal injury law firms and oversees the site’s editorial strategy, including SEO and content development.

Tags: Class Action Lawsuit, False Advertising, Rust-Oleum

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21 Comments

Jutta
I put it on my front deck and it starting coming off in less than a year. Started peeling off and now my front porch looks like crap and we have to scrape it all off and redo it.
Willie
I used this product and now my decking is deteriorating. We actually stepped through it. Deck only 6 years old.
Dale
I .used Rustoleum Restorer on my front concrete porch and it was great for a while, until it started coming off where the water would dry slowly after a rain. It’s looked bad for several years but we don’t go in and out of that door much ,so we ignored it. Now we’re painting the house, shutters and soffjt and decided to work on the porch. Thought I could power wash it off, but that’s not working. Where it stuck it’s not coming off . I guess I’m going to try stripper next but that’s going to be expensive having to get enough to remove 140 square foot. I should have just repainted the porch but thought this would be a good idea. I love the other Rustoleum products, but not this one. I wouldn’t recommend this product!
Camille
I purchased this product for several decks as well as additional wooden structures such as fence n landscaping ties for surround areas.. all wood was new n or stripped to new, all proper steps were taken n a lot of labor n money was put into the cost of product n labor, I thought I had found the answer to my dreams.. Everything looked beautiful n after a couple years it started to bubble and crack causing moisture to hold under the material n long story short all the structures it was used on are completely destroyed n unsafe as my son already sent threw one spot n now my decks as well as all additional wooden surfaces have to be ripped out n replaced.. we are talking very large amounts of money to replacing these structures not to mention the original cost of the products, materials, n labor to have it applied.. what can be don’t at this point?
Rodney
Used it once and after six months it started peeling off
Marie
We used Restore on our deck and it has now rotted though and needs to be replaced. After the first year, we immediately noticed it peeling up. Now my husband has died and I am left with a mess on my hands.
Mark
Terrible product, it literally ruined my deck. The only thing I can do now is have the deck torn down and replaced, very expensive. I have pictures to share.
Cydnee
Used this product and only after the first year it start to peel and chip away. I followed step by step how to prep and apply. This product was very expensive. I know better than to purchase anything made by them
Candace
We put it on our covered concrete front porch and it has come up in large patches. At the time we thought it was great so we used it on the deck at the lake house and it DID NOT protect it. Boards are rotting and need to be replaced. I can send pictures.
Dolores
My painter used this product on my decks. Still have the leftover paint. It totally ruined my decks & they are huge! Rotten boards , unsafe areas. I’m Retired & cannot afford to rip these decks out & start over ! I want to be compensated for this damage from a defective product!
Tricia
Use this product on my 25 x 25 deck. It’s been peeling for a couple of years and now it is drastically affecting the sale of my home because the deck is so large.
Robert
Purchased numerous 2 1/2 gallon buckets of Rustoleum 10X from Lowes which we had mixed with a blue tint to allow for walking on the new deck to the pool. All new decking material had been used and prepped as required on instructions, proper application was also followed. We thought we had a really nice looking pool deck, then the cracking , peeling and rotting of our brand new deck went from nice to looking like crap and is not safe to use for family gatherings. Totally disappointed and feeling like we have been taken advantage of by a company that had a reputation for quality but then sold this crap.
Marion
I have restore on my porch, it need another coat but I see it’s faulty, what can be done, thanks
Victoria
Home Depot talked me into using Restore on my deck, assuring me it was the best and would last long. I followed their advice and in a short while it was pealing off and looked terrible. It has damaged my deck so much that the deck isn’t safe to walk on, and furthermore I can’t get the Restore off in order to put something else on. I went to the trouble of joining a class action in hopes of getting money back to construct a new deck. I never heard back from them. My deck is ruined and I don’t have the money to build a new one.
Lois
Used this products on my deck within a year it started to peel they sent me a new can to patch the peeling areas. Within a couple of years the deck was completely rotted and had to be replaced.
Carol
I put Restore on all three of my decks and they all rotted. Have replaced one small deck. Too expensive to do the other two. It was advertised to preserve it. Not so… It gets fine cracks in it and then it water gets trapped in it and rots it.
Jean
I also used these Rust-Oleum products, on both front and back decks. They peeled and cracked after the first year, so I went over them again the next year. Now I have a huge mess that I have lived with for the last few years because I don’t know how to fix this. Many boards have rotted. I thought the failure was somehow my fault, but I had prepared the wood exactly according to the directions on the cans. Not a good product!
Linda
I had this Rust-Oleum product applied to my deck and after a year or so it started to peel and wood started to look rotted. I called the company who informed me that they had updated the product and was sending me all the products to clean and redo the deck. Unfortunately, the revised product was worse. It appears the product holds moisture which is causing my whole deck to rot. So I feel I got screwed twice.
John
Painted petroleum on my porch three different times it peels in a year & the wood keep rotting
Barbara
We hired a contractor who put a new deck on and used restore on it, he said this product had been on the boardwalk near the ocean and was still looking good. My deck looked terrible after about a year. I am sick, I do not know if there is damage on the wood, but would guess there probably is. The worst is my daughter and son in law loved the new look and had the same contractor do theirs on a new home, same result and their wood has rotted!
Marco
I used restore 4x and after a few years it feeler and wooed rotted. I add to remixe a whole section and rebuild from scratch.

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