A $9.3 million settlement has been reached with Rust-Oleum in a class action lawsuit about whether certain Restore Products are defective (the “Settlement”).
You may be included in the Settlement and eligible for a payment if you purchased Deck & Concrete Restore, Deck Restore, Concrete Restore, or Restore 10X (“Restore Products”).
The lawsuit claims that Restore Products are defective because they prematurely peel, chip, or degrade after application. As a result, it is alleged, the marketing and warranty promises made in connection with the sale of Restore Products are false and misleading. The lawsuit also claims that Rust-Oleum knew or should have known that Restore Products would not live up to those promises. More information and specific details about the lawsuit can be found in the Second Amended Class Action Complaint available at www.RustOleumRestoreProductSettlement.com. Rust-Oleum denies all of the claims and allegations made in the lawsuit.
In a class action, one or more people called “Plaintiffs” or “Class Representatives” (in this case, Angelita Hickman, Michael Reyes, Charles Hoff, Michael Baden, Jerry Lautigar, John Malloy, Hans Shanks, Layla Patterson, Debra Dockstader, Season Gomez, Conrad Shogren, David Sullivan, Kathleen Sullivan, Tracy McCoy, Cory Fales, Robert Webber, Rick Boscardin, Cynthia Scaglione, Jeffrey Mies, Don Gibson, Scott Holbrook, Ed Anderson, John Riello, Robert Dorgan, Carol Larson, Ulbardo Fernandez, James Leonard, Joan Leonard, Christopher McLamb, Tamela McLamb, Irma Blank, Leasha Dixson, Steven Cady, Gina Cady, Lawrence Fredericks, Scott Reinhart, Mark Renzi, Paula Rogers, Dominic Ray Diaz, Becki S. Murphy, Sharon Ledford, George Reynolds, Michael Allen, Carrie McCain, and Daniel T. Howell) sue on behalf of themselves and other people who have similar claims. Together, all the people with similar claims (except those who exclude themselves) are members of a “Class.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
Who’s Eligible
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.
Potential Award
Varies, depending on the type of documentation submitted.
Tier 1: Class Members who provide proof that they purchased a qualifying Rust-Oleum Restore product during the Class Period and proof that they experienced a Qualifying Problem with the product can choose to receive either: (a) reimbursement for the Restore Product purchased, or (b) enough Restore 10X Advanced (and primer) to cover the area where the Restore Product was applied.
Tier 2: Class Members who submit proof that they have a Qualifying Problem and that, as a result, they will have to 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 may elect 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: Class Members who provide proof that they have a Qualifying Problem and that, as a result, they 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 may make a claim for 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.”
Proof of Purchase
To make a claim for benefits from the Rust-Oleum class action settlement, Class Members must provide proof that they purchased one of the covered Restore products as well as proof that they experienced a Qualifying Problem (an adhesion-related problem) with the Restore product.
Class Members who seek to make a claim for Tier 2 and Tier 3 benefits must also provide the costs they have incurred or will incur to remove the product and/or repair or replace the decking, including the amount of these costs, and a statement about the percentage of the area that is affected.
Claim Form Deadline
To Be Determined. The claim filing period is not yet open. According to the settlement website, the Claim Form deadline will be 180 days after the settlement receives final approval. In the meantime, you can use the link above to register for notifications about when the claim filing period is open.
Case Name
In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation, Case No. 15-cv-01364, in the U.S. District Court for the Northern District of Illinois
Final Hearing
3/6/2017
Settlement Website
Claims Administrator
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
[email protected]
Class Counsel
AUDET & PARTNERS LLP
LITE DEPALMA GREENBERG LLC
Defense Counsel
MAYER BROWN LLP
