Who is a Class Member
You are a member of the Behr DeckOver class action settlement if “you purchased DeckOver in the United States (or caused it to be purchased) and applied it (or caused it to be applied) to any property located in the United States owned or leased by the purchasing person or entity between September 1, 2012 and June 27, 2018.”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Class Members who submit a valid and timely claim form can receive:
- A refund for their purchase of DeckOver; and
- Compensation for money spent removing DeckOver or otherwise repairing their deck.
The amount Class Members are eligible to receive depends on several factors, including what proof they submit with their claim.
Proof of Purchase
To be reimbursed for the money you spent buying DeckOver you must provide both:
- Proof that You Bought DeckOver – This can be a receipt, photo of opened DeckOver containers, formula sticker or UPC label, or other competent proof, AND
- Proof of Problems with DeckOver – This can be a photo of your deck, invoices or estimates for repairs, or other competent proof.
- Proof Regarding Cost of Repairs – This could be an estimate or invoice from a contractor to repair the damage, a receipt for supplies or equipment you used to repair your deck, or other competent proof. OR
- Attestation – If you cannot provide documents showing how much you spent, you must provide an explanation on your Claim Form.
Behr DeckOver Settlement Notes
- Bishop, et al. v. Behr Process Corporation, et al.
- Case No. 1:17-cv-04464
- Pending in the U.S. District Courtffor the Northern District of Illinois
In May 2018, thirty-three named plaintiffs filed this class action lawsuit against Behr and The Home Depot alleging the company’s DeckOver resurfacer product is defective, despite being advertised as a premium, more durable patio and deck repair product.
In 2013, Behr, through a national marketing campaign, released a new patio and deck product exclusively through The Home Depot, branded as DeckOver. Behr and Home Depot represented to homeowners that DeckOver was worth its premium price (3-5 times more expensive than ordinary paints and stains) because it was a more durable coating (5 times thicker) and it could repair decks by filling in cracks and stopping splinters.
However, the plaintiffs claim that Behr DeckOver is not durable or long-lasting. The lawsuit details that within mere months of application, DeckOver flaked, peeled, stripped, and separated from deck and concrete surfaces, causing property damage.
“DeckOver performs worse than cheaper options and requires hours of scraping, scrubbing, and sanding to remove it (with some homeowners resorting to replacing their decks entirely),” the complaint stated.
Both Behr and Home Depot deny that they have violated any law and deny any wrongdoing but agreed to resolve the lawsuit before these issues were decided by the Court. Complete details about the case and settlement are provided on the Behr DeckOver settlement website.
Class members who wish to object to or exclude themselves from the Behr DeckOver settlement must do so by October 15, 2018. Class members who wish to participate in the settlement must submit a claim form on or before February 27, 2019.
- 2/27/19: Claim Form Deadline
- 10/15/18: Objection or Exclusion Deadline
- 12/6/18: Final Hearing at 9:45 am CT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check DeckOverSettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: DeckOver Settlement, c/o Angeion Group, PO Box 15850, Philadelphia, PA 19103
- Phone: 1-877-235-9549
- Email: [email protected]
- Katrina Carroll of Lite DePalma Greenberg LLC
- Daniel Herrera of Cafferty Clobes Meriwether & Sprengel LLC
- Eric Gibbs of Gibbs Law Group LLP
- Joseph G. Sauder of Sauder Schelkopf LLC