ATLANTA (Legal Newsline) - Six consumers filed a class action lawsuit in September against the manufacturer of a deck resurfacing product, alleging false advertising, representation and a breach of warranties.
Greg Hoover, Renee Gravlee, Jan Pankow, John R. Davis, Jana Berg and Elizabeth Mortensen filed a class action complaint in the U.S. District Court for the Northern District of Georgia against PPG Industries Inc., alleging false claims on behalf of the defendant regarding its deck and concrete resurfacing products, Olympic Rescue It!
Consumers claim manufacturer of resurfacer Olympic "Rescue It!" practiced false advertising and claims.
| Ernest R. Prim
"PPG is aware of the filing of a class action lawsuit regarding Olympic 'Rescue it!,'" Mark Silvey, director of corporate communications for PPG, told Legal Newsline.
Silvey said the company intends to fight.
"PPG plans to vigorously defend itself against the allegations," Silvey said.
According to the complaint, the consumers purchased Olympic Rescue It! deck and concrete resurfacing products in order to create a renewed and long-lasting surface on decks and concrete that is resistant to cracking and peeling. However, according to the defendants, the product did not adhere to their decks and allegedly began cracking and peeling a short time after application.
Olympic is a paint and stain company with corporate headquarters in Pittsburgh. Its line of Rescue It! outdoor resurfacers promises “a durable coating for wood and concrete splits and cracks up to ¼” deep.”
Rescue It! also assures its consumers the product "helps to hide surface imperfections.” Olympic advertised the sealants as ideal for lightly to moderately worn wood and concrete. Rescue It! is also supposed to waterproof surfaces and provide a non-slip textured outdoor surface.
Olympic has claimed that there is no set time period for a sealant to last, and that this would depend on how worn the material is to start. The plaintiffs claim the product broke down in an unreasonably short period of time.
The claimants allege that the use of Olympic Rescue It!, as directed in the manufacturer' instructions, has resulted in lost money and property. The plaintiffs claim, according to the complaint filed, that the manufacturer claimed the product would protect deck surfaces for years and profited from the product without testing it.
The claim alleges that PPG profited from sales of the product without properly compensating consumers for lost money, damages and repairs necessary to property after application of the product failed to deliver successful results.
Despite the class action lawsuit, PPG continues to uphold claims that Olympic Rescue It! is a reliable resurfacing product.
"Olympic Rescue It! is an innovative, high-performance coating for worn or weathered wood and concrete surfaces," Silvey said.
The plaintiffs are seeking a trial by jury, an order certifying a class action and the appointing of class representatives and counsel. They are also seeking three times actual damages, recompense for attorneys fees and court costs, restitution and all other relief the court deems appropriate.
The plaintiffs in the claim 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.