8. What does the Settlement provide?
Subject to the terms set forth in the Settlement, Class Members who submit a valid Claim Form are entitled to 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.
The Settlement benefits are outlined below, but more information, including the Agreement, can be found on the Important Documents page on this Settlement Website. The Court still has to decide whether to finally approve the Settlement. Benefits will be provided only if the Court finally approves the Settlement and any appeal period expires or any appeals are resolved in favor of the Settlement. We do not know when the Court will finally approve the Settlement, if it will do so, or whether there will be any appeals that would have to be resolved in favor of the Settlement before certain benefits would be provided, so we do not know precisely when any benefits may be available. Please check back to this Settlement Website for updates regarding the Settlement.
Class Members may receive a refund by submitting a completed Claim Form with, among other things, the following information: (1) the number gallons of DeckOver purchased; (2) the approximate square footage of the surface to which DeckOver was applied; (3) the price per gallon paid (if known); (4) proof of purchase of DeckOver products consisting of any of the following: (i) receipts; (ii) a photograph of an opened DeckOver container that the Class Member affirms having purchased during the Class Period; (iii) a formula sticker or UPC label taken from a DeckOver container; or (iv) other competent proof; and (5) proof of a problem related to the performance of DeckOver.
Each Class Member who provides the information described above will receive a full refund, less up to 20% in reimbursed attorney fees or litigation expenses (as discussed in FAQ 14). Class Members who do not provide proof of purchase that contains the amount spent on DeckOver will be compensated at thirty dollars ($30.00) per gallon, again subject to attorney fees and litigation expenses.
b. Compensation for Removal or Repair
Class Members shall be eligible to receive compensation from Behr relating to removing DeckOver or otherwise repairing their decks upon submitting a completed Claim Form with the following information: (a) the same information listed directly above under the 8-a “Refund” section, including the approximate square footage of the surface to which the DeckOver was applied; and (b) proof of damage to a deck or other substrate relating to the performance of DeckOver and consisting of (i) an invoice or estimate from a contractor to address damage to a deck or other substrate; or (ii) a receipt for supplies or equipment used to repair damage to a deck or other substrate; or (iii) other competent proof.
Each Class Member who provides the information described above will receive seventy-five percent (75%) of the cost of removing DeckOver and otherwise repairing their decks (provided that compensation will not exceed six dollars ($6) per square foot of substrate damage), less up to 20% in reimbursed attorney fees or litigation expenses (as discussed in FAQ 14).
Class Members who cannot provide the information in subsection (b) and attest that they repaired damage caused by DeckOver and that they cannot provide estimates, invoices or receipts for the repair work, will receive seventy-five percent of four dollars ($4) per square foot for the substrate’s surface area (again, less up to 20% in reimbursed attorney fees or litigation expenses (as discussed in FAQ 14).
c. Alternative Dispute Resolution.
Class Members who are not satisfied with the relief offered above may opt to participate in a free alternative dispute resolution (“ADR”) process by selecting ADR on the Claim Form.
The Class Action Settlement Administrator will then provide additional information regarding the ADR process. ADR shall be conducted before Hon. Wayne Andersen (ret.) at JAMS, at Behr’s expense and based upon written submissions only, unless the Class Member seeking ADR requests otherwise.