Los Angeles Times

If you purchased certain Rust-Oleum Restore products, you may be eligible for a payment from a class action settlement.

Restore Products Include: Deck & Concrete Restore, Deck Restore, Concrete Restore, and Restore 10X

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A settlement has been reached with Rust-Oleum Corp. in a class action lawsuit about whether certain Restore Products are defective (the “Settlement”). Rust-Oleum denies all of the claims in the lawsuit. The Court has not decided who is right.

WHO IS INCLUDED? The Settlement 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 (“Settlement Class Members”).

WHAT DOES THE SETTLEMENT PROVIDE? Rust-Oleum will pay $9,300,000 into a Settlement Fund. Additional­ly, RustOleum will pay separately all of the costs of providing notice to the Class and all administra­tive expenses relating to the Settlement (subject to limited credits and reimbursem­ents from the Settlement Fund). After deducting Court-approved attorneys’ fees, costs and expenses, incentive awards, taxes, other fees, expenses, and certain reimbursem­ents to Rust-Oleum, the balance will be distribute­d to Settlement Class Members who submit valid Claim Forms. Compensati­on to Settlement Class Members will vary, and includes, but is not limited to, cash payments (for product replacemen­t or repair costs) and, if elected, replacemen­t product. HOW DO YOU ASK FOR A PAYMENT? You must complete and submit a Claim Form. Claim Forms may be submitted online at www.RustOleumR­estoreProd­uctSettlem­ent.com or printed from the website and submitted by mail. Claim Forms are 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.

YOUR OTHER OPTIONS. If you do nothing, your rights will be affected but you will not get a Settlement payment. If you do not want to be legally bound by the Settlement, you must exclude yourself from it by January 30, 2017. Unless you exclude yourself, you will not be able to sue or continue to sue Rust-Oleum for any legal claim resolved by this Settlement or released by the Settlement Agreement. If you exclude yourself, you cannot get a Settlement payment but you are free to pursue any legal claims that you may have against Rust-Oleum in a different lawsuit. If you stay in the Settlement (that is, don’t exclude yourself), you may object to it by

January 30, 2017. More informatio­n can be found in the detailed Notice and Settlement Agreement, which are available at www. RustOleumR­estoreProd­uctSettlem­ent.com.

THE FINAL APPROVAL HEARING. District Judge Amy J. St. Eve of the U.S. District Court for the Northern District of Illinois, located at 219 South Dearborn Street, Courtroom 1241, Chicago, Illinois 60604, will hold a hearing in this case (In Re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litig., N.D. Ill., No. 15-cv-1364) on March 6, 2017. At this hearing, the Court will decide whether to approve: the Settlement; Class Counsel’s request for attorneys’ fees of up to 33% of the Settlement Fund, plus reimbursem­ent of costs and expenses; and $2,000 as an incentive award to each of the Class Representa­tives. You may appear at the hearing, but you do not have to. You may also hire your own attorney, at your own expense, to appear or speak for you at the hearing.

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