ATLANTA - Six consumers are suing the manufacturer of a deck and concrete resurfacing product, alleging breach of express and implied warranties, false advertising and unjust enrichment.
Greg Hoover, Renee Gravlee, Jan Pankow, John R. Davis, Jana Berg and Elizabeth Mortensen filed a class action complaint, on behalf of themselves and all other similarly situated class members, Sept. 12 in the U.S. District Court for the Northern District of Georgia against
PPG Industries Inc., PPG Architectural Finishes Inc. and PPG Architectural Coatings LLC,
alleging deceptive practices through false representations, statements and warranties.
According to the complaint, the plaintiffs and other similarly situated consumers were enticed to purchase the defendant's "Rescue It" deck and concrete resurfacers, in hopes it will provide a durable and long-lasting surface that is resistant to cracking and peeling.
However, the suit states, Rescue It was defective as it did not adhere correctly to the plaintiffs' deck surfaces and was crackling and peeling in such a short time that, despite following all application instructions, the plaintiffs have lost money and property.
The plaintiffs allege the defendant failed to properly test the products in real scenarios, failed to protect the underlying deck that it promised would be protected for years, obtained profit at its customers' expense and failed to tender a sufficient offer of settlement or repair.
The plaintiffs seek trial by jury, an order certifying a class action and appointing class representatives and counsel, three times actual damages, attorneys fees, court costs, injunctive relief, restitution and all other relief the court deems appropriate.
They are represented by attorneys James F. McDonough III of Heninger Garrison Davis LLC in Atlanta, and by Taylor C. Bartlett and W. Lewis Garrison Jr. of Heninger Garrison Davis in Birmingham, Alabama.
U.S. District Court for the Northern District of Georgia Case number 1:16-cv-03415