Rust-Oleum 2X Spray Paint Class Action Settlement

Spray paint manufacturers make a wide variety of claims that cover paint quality and the durability of their products. Rust-Oleum crossed the line by making a false claim concerning one of the company’s spray paints.

Class action plaintiffs and Rust-Oleum Corporation recently reached a settlement for a class action lawsuit. The plaintiffs in the case allege the company’s claim that its 2X spray paint covers twice the area that competing spray paints cover is a misrepresentation of the product.

Initially filed in December of 2016 by primary plaintiff Daryl White Jr., the Rust-Oleum 2X spray paint class action lawsuit asserts Rust-Oleum deceived consumers into buying a spray paint that does not offer twice the area coverage. White claimed in the class action lawsuit that Rust-Oleum breached the express and implicit warranties, as well as enjoyed unjust enrichment from making false product claims.

A settlement was reached on May 30, 2017, with Rust-Oleum providing cash benefits to eligible class members, as well as agreeing to refrain from making marketing claims that the company cannot deliver. Rust-Oleum continues to deny any wrongdoing, but the company agreed to the class action settlement to avoid the costs of protracted litigation.

What You Need To Know

According to court documents, class members comprise consumers who purchased any of the Rust-Oleum spray paint products in the United States for personal use between December 12, 2011 and May 30, 2017. Eligible class members can receive $20 per household. The judge divided the class members into three tiers. Learn more about the qualifications for each class member tier by visiting the class action settlement website at www.SprayPaintSettlement.com. The website also provides class action settlement updates, which include any changes made to the original ruling in the case.

Although a proof of purchase is not required to enjoy a cash benefit, eligible class members who do not provide a proof of purchase are limited to a cash reward of $4 per household. Class members who submit a proof of purchase qualify for the maximum cash award of $20 for every household. Class members have until October 16, 2017 to file a valid claim that includes a proof of purchase. The class action settlement called Daryl White Jr. v. Rust-Oleum Corporation, Case No. 16AC-CC00533, in the Circuit Court of Cole County, Missouri is scheduled for a final hearing on September 12, 2017.

Class counsel consists of David Steelman representing Steelman Gaunt & Horsefield, as Scott A Kamber and Naomi B. Spector of Kamber Law LLP. Rust-Oleum hired defense counsel Charles W. Hatfield of Stinson Leonard Street LLP and Ina Scher and Daniel A. Dingerson who litigate for the law firm Davis & Gilbert LLP.