Frequently Asked Questions

  1. Why did I receive a notice?
  2. What is this lawsuit about?
  3. Why is the case a class action?
  4. Why is there a Settlement?
  5. How do I know whether I am part of the Settlement?
  6. Are there exceptions to being included?
  7. I'm still not sure if I am included, where can I get more information?
  8. What does the Settlement provide?
  9. How much will my payment be?
  10. How do I get a payment?
  11. When can I submit a Claim Form?
  12. What documentation is needed to support my claim?
  13. When would I receive my payment?
  14. What am I giving up to receive a payment or stay in the Settlement Class?
  15. What are the Released Claims?
  16. Do I have a lawyer in this case?
  17. How will the lawyers be paid?
  18. What if I do not want to be a part of this Settlement?
  19. How do I exclude myself from the Settlement Class?
  20. If I exclude myself, can I still get a Settlement payment?
  21. If I don't exclude myself, can I sue Rust-Oleum for the same thing later?
  22. How do I tell the Court if I do not like the Settlement?
  23. What is the difference between objecting and excluding?
  24. When and where will the Court decide whether to approve the Settlement?
  25. Do I have to attend the hearing?
  26. May I speak at the hearing?
  27. What happens if I do nothing?
  28. How do I get more information?

1. Why did I receive a notice?

A federal court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and all of your options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

Judge Amy J. St. Eve of the United States District Court for the Northern District of Illinois is overseeing this class action. The case is known as In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation, N.D. Ill. Civil Action No. 15-cv-1364. The people who filed this lawsuit are called the "Plaintiffs" and the company they sued, Rust-Oleum Corporation, is called the "Defendant."

2. What is this lawsuit about?

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 the Second Amended Class Action Complaint and the Settlement Agreement.

Rust-Oleum denies all of the claims and allegations made in the lawsuit.

3. Why is the case a class action?

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.

4. Why is there a Settlement?

The Court did not decide in favor of the Plaintiffs or Rust-Oleum. Instead, both sides agreed to a Settlement. This Settlement allows the Plaintiffs and Rust-Oleum to avoid the risks and costs of complex litigation and the uncertainty of trial and appeals. The Class Representatives and their attorneys believe this Settlement is in the best interests of all Settlement Class Members.

5. How do I know whether I am part of the Settlement?

The Settlement Class includes 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, and Restore 10X) from January 1, 2008 through October 20, 2016 (the "Class Period").

Restore 10X Advanced, Restore 4X, and other Restore-branded products are NOT included in the Settlement.

6. Are there exceptions to being included?

Yes. The Settlement does not include (i) all persons and entities who filed a claim concerning a Restore Product in any court, if that claim has been resolved with a final judgment or order; (ii) Rust-Oleum, any entity in which Rust-Oleum has a controlling interest, any person or entity which has a controlling interest in Rust-Oleum, and Rust-Oleum's legal representatives, assigns, and successors; and (iii) the judge to whom this MDL Action is assigned and any member of the judge's immediate family.

7. I'm still not sure if I am included, where can I get more information?

If you are not sure whether you are in the Settlement Class, read the Notice in its entirety or call 1- 844-762-5370, send an email to Admin@RustOleumRestoreProductSettlement.com, or write to In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation Claims Administrator, PO Box 43432, Providence, RI 02940-3432.

8. What does the Settlement provide?

A $9,300,000 Settlement Fund has been established by Rust-Oleum in this Settlement. Additionally, Rust-Oleum shall pay separately all of the costs of providing notice to the Class and all expenses relating to the administration of the Settlement (subject to certain reimbursements from the Settlement Fund). After deducting Court-approved attorneys' fees, costs and expenses, incentive awards for the Class Representatives, taxes, the Special Master's fees and expenses, product cost reimbursements to Rust-Oleum for Class Members who receive product pursuant to the Settlement, and up to a $300,000 credit to Rust-Oleum for administrative costs, the balance (the "Net Settlement Fund") will be distributed to Settlement Class Members who submit valid Claim Forms (subject to possible reimbursement payments to Rust-Oleum for certain warranty relief provided between Preliminary Approval and Final Approval of the Settlement).

9. How much will my payment be?

Settlement payments will vary based on the documentation you submit with your Claim Form, whether you experienced a Qualifying Problem (adhesion-related problem with a Restore Product), the type of problem you experienced, and the number of Claims submitted. The Claims Administrator will use the following guidelines in evaluating Claims for initial payment:

  • Tier 1: Settlement Class Members who include proof that they purchased a Restore Product during the Class Period and proof that they experienced a Qualifying Problem with that product are eligible to receive their choice of either (a) reimbursement for the Restore Product purchased, or (b) enough Restore 10X Advanced (and primer) to cover the area where the purchased Restore Product was applied.
  • Tier 2: Settlement Class Members who include proof that, because of a Qualifying Problem, they have or will 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 are eligible 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: Settlement Class Members who include proof that, because of a Qualifying Problem, they have or 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 are eligible to receive 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.

Special Circumstances Supplemental Compensation: In addition to the above payments, if the Claims Administrator determines that sufficient funds exist after calculating all eligible payments, expenses, and other costs, applications for Supplemental Compensation to Settlement Class Members due to Special Circumstances will be considered and awarded under the Settlement. Special Circumstances may include any additional out-of-pocket costs associated with removal and replacement of Restore and/or the decking or other area where the Restore Product was applied.

HOWEVER: IF the Claims Administrator pre-selected the “Yes” boxes for questions 1 and 2 in the Tier 1 portion of the form, the Claims Administrator has received the required proof from Rust-Oleum.

10. How do I get a payment?

You must complete and submit a Claim Form with all required supporting documentation. Claim Forms may be filed online or you can print a Claim Form on this website and submitted via U.S. Mail. Claim Forms are also available by calling 1-844-762-5370, sending an email to Admin@RustOleumRestoreProductSettlement.com, or by writing to In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation Claims Administrator PO Box 43432, Providence, RI 02940-3432

11. When can I submit a Claim Form?

The Claim Filing deadline was on September 5, 2017 and has now passed. Therefore, we are no longer accepting Claim Forms.

On March 6, 2017, the Court granted final approval and as such we are now processing claims. The claims period will be open until September 5, 2017. The deadline may be extended pending further judicial proceedings. When filing your claim, please use your pre-assigned claimid number. Your claimid number is the 9 or 11 digit number starting with "RTR" located next to your mailing address or in the email you received.

12. What documentation is needed to support my claim?

The Claim Filing deadline was on September 5, 2017 and has now passed. Therefore, we are no longer accepting Claim Forms.

PROOF IS REQUIRED to receive benefits under this Settlement. You do not need to submit proof of purchase or proof of a Qualifying Problem if the Claims Administrator pre-selected the "Yes" boxes for questions 1 and 2 in the Tier 1 portion of the form, when using your pre-assigned claim ID number which is the 9 or 11 digit number starting with "RTR" located next to your mailing address or in the email you received. In that case, the Claims Administrator has received the required proof from Rust-Oleum. Duplicates of proof are not needed. For example, if you are applying for benefits under Tier 1, you do not need to attach copies for other Tiers you are applying for.

Please keep the originals of your proof documents.

Examples of acceptable proof (depending on benefi ts requested): (a) receipts for purchase of Restore Product; (b) pictures of opened Restore Product containers; (c) pictures of area with Qualifying Problem; (d) records of warranty or other communication with Rust-Oleum; and/or (e) removal, repair, or replacement receipts or invoices from contractors/retailers.

  • Tier 1 Requirements – proof that: (1) you purchased a Restore Product; and (2) you experienced a Qualifying Problem.
  • Tier 2 Requirements – proof that: (1) you purchased a Restore Product; and (2) you experienced a Qualifying Problem; and (3) you did or will incur costs to remove the Restore Product from a deck or other substrate.
  • Tier 3 Requirements – proof that: (1) you purchased a Restore Product; and (2) you experienced a Qualifying Problem; and (3) you did or will incur costs to repair or replace decking or other substrate to which the Restore Product was applied.
  • Special Circumstances Requirements – Under the Settlement Agreement, funds may be set aside to provide additional compensation to claimants. To qualify, you need to provide proof that you did and/or will incur costs or expenses that exceed the benefits provided for in Tiers 1, 2, and 3. Acceptable proof includes, but is not limited to, receipts and invoices from contractors and retailers. Please also provide an explanation of why you should be entitled to these additional benefits.

13. When would I receive my payment?

The claim submission process is open until September 5, 2017. The deadline may be extended pending further judicial proceedings. The Net Settlement Fund will be distributed to Settlement Class Members who submit valid Claim Forms and all Claim Forms have been received and payments have been calculated. Please be patient.

14. What am I giving up to receive a payment or stay in the Settlement Class?

Unless you excluded yourself, you are choosing to stay in the Settlement Class. If the Settlement is approved and becomes final, all of the Court's orders will apply to you and legally bind you. You won't be able to sue, continue to sue, or be part of any other lawsuit against Rust-Oleum and the Released Persons about the legal issues in this case. However, if you do not receive a Settlement payment, you will keep any and all warranty rights received through the purchase of a Restore Product.

The rights you are giving up are called Released Claims. See the following FAQ for more detail on the Released Persons and Released Claims.

15. What are the Released Claims?

Generally, if and when the Settlement becomes final, members of the Settlement Class will permanently release Rust-Oleum, RPM International Inc., Synta Inc., any person or entity that manufactured, distributed, or sold the Restore Product (excluding installers in their role as installers, but not as sellers), suppliers and service providers engaged by Rust-Oleum (the "Released Persons"), and the past, present, and future controlling persons, directors, officers, employees, agents, servants, independent contractors, joint venturers, representatives, advisors, consultants, attorneys, insurers, subrogees, shareholders, partners, members, subsidiaries, divisions, parents, affiliates, predecessors, heirs, executors, administrators, successors, and assigns of any Released Person for any and all claims related to the advertising, marketing, promotion, labeling, purchase, sale, distribution, design, testing, manufacture, application, use, performance, or warranting of any Restore Product purchased during the Class Period.

The specific claims you will be releasing are described in the Settlement Agreement.

16. Do I have a lawyer in this case?

Yes. Judge St. Eve appointed the law firms of Audet & Partners, LLP and Lite DePalma Greenberg LLC as "Class Counsel" to represent you and the Settlement Class Members. Additional law firms have filed cases and serve as counsel for the plaintiffs. These additional law firms are listed below. These law firms are experienced in handling similar cases. You will not be personally charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Additional Counsel for Plaintiffs:

Robert K. Shelquist
LOCKRIDGE GRINDAL NAUEN, PLLP
100 Washington Avenue S., Suite 2200
Minneapolis, MN 55401
Daniel C. Levin
LEVIN, FISHBEIN, SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Edward A. Wallace
Amy E. Keller
WEXLER WALLACE, LLP
55 West Monroe, Suite 3300
Chicago, IL 60603
Jonathan Shub
KOHN, SWIFT & GRAF, P.C.
One South Broad Street, Suite 2100
Philadelphia, PA 19107
Charles LaDuca
Brendan S. Thompson
CUNEO GILBERT & LADUCA, LLP
507 C Street, NE
Washington, DC 20002
Richard J. Burke
QUANTUM LEGAL, LLC
1010 Market Street, Suite 1310
St. Louis, MO 63101
Joseph G. Sauder
MCCUNEWRIGHT, LLP
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Robert N. Isseks
ROBERT N. ISSEKS, ATTORNEY AT LAW
6 North Street
Middletown, NY 10940
Kevin D. Bloom
BLOOM & BLOOM, P.C.
530 Blooming Grove Turnpike
New Windsor, NY 12550
Eric Gibbs
Gibbs Law Group LLP
505 14th Street, Suite 1110
Oakland, CA 94612
Joel R. Rhine
RHINE LAW FIRM, P.C.
1612 Military Cutoff, Suite 300
Wilmington, NC 28403
Lewis G. Adler
Law Office of Lewis Adler
26 Newton Avenue
Woodbury, NJ 08096
Bryan L. Clobes
Cafferty Clobes Meriwether & Sprengel LLP
1101 Market Street
Suite 2650
Philadelphia, PA 19107
 

17. How will the lawyers be paid?

Class Counsel will ask the Court for attorneys' fees of up to thirty-three percent of the Settlement Fund plus reimbursement of costs and expenses incurred by Class Counsel, and a $2,000 incentive award to each Class Representative in the litigation. The Court may award less than these amounts. Class Counsel will post its application on this settlement website under the Court Documents page.

18. What if I do not want to be a part of this Settlement?

The deadline to exclude yourself or opt out from the Settlement Class, has passed. Opt outs were to be received no later than January 30, 2017.

19. How do I exclude myself from the Settlement Class?

The deadline to exclude yourself or opt out from the Settlement Class, has passed. Opt outs were to be received no later than January 30, 2017.

20. If I exclude myself, can I still get a Settlement payment?

No. If you excluded yourself, you are telling the Court that you don't want to be part of the Settlement. You can get a payment only if you stay in the Settlement and submit a valid Claim Form.

21. If I don't exclude myself, can I sue Rust-Oleum for the same thing later?

No. Unless you excluded yourself, you gave up the right to sue Rust-Oleum and Released Persons for the legal claims that this Settlement resolves. You must have excluded yourself from this Lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Rust-Oleum or any of the Released Persons.

22. How do I tell the Court if I do not like the Settlement?

The deadline to object to the terms of the settlement has passed. Objections were to be received by the Court, Class Counsel and Defense Counsel no later than January 30, 2017.

THE COURT CO-CLASS COUNSEL DEFENSE COUNSEL
Clerk of Court, MDL No. 2602
United States District Court for
the Northern District of Illinois
Everett McKinley Dirksen United States Courthouse
219 South Dearborn Street
Chicago, IL 60604
Lite DePalma Greenberg LLC
Attn: Katrina Carroll
211 W. Wacker Drive, Suite 500
Chicago, IL 60606
Mayer Brown LLP
Attn: Lori Lightfoot
71 S. Wacker Drive
Chicago, IL 60606

23. What is the difference between objecting and excluding?

Objecting is simply telling the Court that you don't like something about the Settlement. You can object only if you remain a member of the Settlement Class (that is, do not exclude yourself). Excluding yourself is telling the Court that you don't want to be part of the Settlement. If you exclude yourself, you cannot object because the Settlement no longer affects you.

24. When and where will the Court decide whether to approve the Settlement?

On March 6, 2017 at the United States District Court for the Northern District of Illinois, 219 South Dearborn Street, Courtroom 1241, Chicago, Illinois 60604, the Court granted Final Approval. At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. If there were objections, the Court considered them.

25. Do I have to attend the hearing?

The Final Approval Hearing was on March 6, 2017 and has now passed.

26. May I speak at the hearing?

The Final Approval Hearing was on March 6, 2017 and has now passed.

27. What happens if I do nothing?

If you are a Settlement Class Member and you do nothing, you will give up the rights explained in the Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Rust-Oleum and the Released Persons about the legal issues in this case. In addition, you will not receive a payment from the Settlement Fund.

28. How do I get more information?

The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available under the Court Documents page on this website. Additional information is also available by calling 1-844-762-5370 or by writing to In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation Claims Administrator, PO Box 43432, Providence, RI 02940-3432 or by sending an email to Admin@RustOleumRestoreProductSettlement.com. Publicly-filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Northern District of Illinois or reviewing the Court's online docket.

PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS ABOUT THE LAWSUIT.