The Class Action Lawsuit
Rust-Oleum Corporation, a paint and coatings manufacturer, was charged with a class action lawsuit due to allegations that the company falsely advertising their products.
Nancy Cole, the lead plaintiff, filed the class action lawsuit against Rust-Oleum Corporation in March 2021 in a northern district New York federal court.
The class action lawsuit asserts that the company’s acrylic coating products were marketed as long-lasting and can be used to repair products. However, the lead plaintiff claims that this is false.
It seeks to represent all individuals residing in New York who bought the Restore products and did not receive the benefits that the product claims to offer.
The class action lawsuit also seeks to represent a Nationwide class, where all individuals living in the United States who bought the Restore products can be eligible for claims.
It aims to compensate class members for damages that the purchasing the products have caused, including the amount paid for the product, other damages to property, and the plaintiff’s administration and lawyer fees.
The class action states that the following products belong to the “Restore” line produced by Rust-Oleum:
- Restore Deck Start Wood Primer
- Restore 2X One Code Solid Stain
- Restore 4X Deck Coat
The Restore products were marketed to be used as a protective coating for home surfaces usually used exposed to outdoor elements, including decks, patios, and chairs.
These structures tend to wear easily because they are exposed to different aspects like heat from the sun and getting wet from the rain.
These products were marketed to be able to strengthen existing outdoor structures to endure extreme elements better.
The products were of high quality and can resist everyday wear and tear like peeling and flaking when applied to surfaces.
However, the lead plaintiff argues that these claims are false. She argues that the products were not durable since earlier than average wear-and-tear was experienced on surfaces and structures where the products were applied.
Nancy Cole argues that when she used the Restore products, the surfaces she applied showed signs of damage and premature degradation, including peeling, flaking, chipping, and stripping.
Therefore, she complains that the company’s claim that the products are not durable and of high quality.
She contends that Rust-Oleum knowingly misled their customers into thinking that Restore products are long-lasting to influence them to buy the products and pay a higher price for the quality.
She adds that the Restore products can only protect surfaces for a short period, compared to what was stated in their package that it could last for years.
The class action declares that the company has also received multiple negative reviews online for their Restore products.
The complaints were posted alleging that the products are not durable and cannot deliver as promised.
It states that Rust-Oleum has breached the following laws or committed the following acts by intentionally deceiving their customers regarding the quality of their products:
- Declaratory Judgment Act (for the Nationwide class only)
- Express Warranty (for both the Nationwide and New York classes)
- Implied Warranty Merchantability (for both the Nationwide and New York classes)
- Implied Warranty of Fitness – For a Particular Purpose (for both the Nationwide and New York classes)
- Fraud Concealment (for the New York class only)
- Negligent Misinterpretation (for the New York class only)
- Unjust Enrichment (for the New York class only
- New York Deceptive Acts and Practices
- New York General Business Law 350
Editor’s Note on Rust-Oleum Restore Class Action Lawsuit:
This article is published to inform you of the latest class action lawsuit charged against Rust-Oleum Corporation for allegedly falsely marketing their Restore products.
What are your thoughts on this piece? Have you purchased any Restore products produced by Rust-Oleum?
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