The so-called multidistrict litigation (MDL) combined nearly 50 individual claims from two dozen states in which customers complained Restore either failed or ruined their decks. Rust-OIeum claimed Restore would resurface and protect wood and concrete deck surfaces, but plaintiffs said the surface peeled and chipped soon after the coating was applied, and in some cases forced an entire deck surface to be replaced, according to published accounts.
The complaints alleged Rust-Oleum must have known Restore was prone to failure, and said the company's warranty was inadequate to cover their losses. The warranty offered replacement product or a refund of the purchase price, but did not cover the costs of repairing damage or replacing deck surfaces.
The MDL was eventually consolidated in Illinois, but there also were earlier class-action lawsuits over the product in New York and elsewhere.
The proposed $9.3 million settlement was announced on Oct. 19.