Hahn v. Massage Envy Class Action Settlement

A settlement has been reached in a class action lawsuit against Massage Envy Franchising LLC, which alleges that the expiration of monthly 50-minute massages that were not used prior to the termination of a membership constitutes an unlawful business practice and breaches the Massage Envy membership agreement. If you were a member of a Massage Envy spa at any time between Dec. 7, 2007 and March 6, 2008, you may be eligible for benefits from the class action settlement.

Under the terms of the proposed Massage Envy class action settlement, “unutilized massages” refer to monthly 50-minute member massages that members did not use prior to membership cancellation, termination for non-payment, or nonrenewal. The class action lawsuit alleges that Massage Envy’s policy of expiring these unutilized massages once a membership is cancelled, terminated or not renewed constitutes an unlawful business practice and breach of contract. The Massage Envy class action lawsuit seeks changes in the membership agreements and a reinstatement of any unutilized massages that expired.

Massage Envy denies any wrongdoing but has agreed to settle the class action lawsuit to avoid the cost and delay of ongoing litigation.

UPDATE: According to the Settlement Administrator: “On March 30, 2016 the Court issued an order denying without prejudice the motion for final class action settlement approval and denying without prejudice the motion for attorneys’ fees, expenses and service awards.” 

In addition, the Court set a mandatory settlement conference on May 4, 2016.

NOTE: If your Massage Envy membership was cancelled, terminated or not renewed between March 7, 2015 and June 30, 2016, and you have at least one accrued and unused 50-minute massage, you may be a Class Member of a separate class action settlement (Zizian v. Massage Envy Franchising LLC). 

Who’s Eligible

You are a Class Member of the Massage Envy settlement if either:

• You were a member of any Massage Envy franchise at any time between Dec. 7, 2007 and March 6, 2015, and had at least one unused 50-minute monthly massage when you cancelled your membership, did not renew your membership, or had it terminated for nonpayment. If this describes you, you are a “Former Member” under the terms of the class action settlement.
• You were a member of any Massage Envy franchise as of March 6, 2015. If this describes you, you are a “Current Member” under the terms of the class action settlement.

Potential Award

Reinstatement of Former Members’ Unutilized Massages: Former Members who submit a reinstatement request by the June 29 deadline will have one or more unutilized massages reinstated. The number of massages to be reinstated depends on the number of unutilized massages the Former Member had at when the membership ended (see chart below). Former Members have 180 days after the settlement becomes effective in which to redeem any reinstated massages. The massages must be redeemed at the same Massage Envy location at which the Former Member entered the membership agreement (though Former Members who have moved more than 25 miles from the location can make a one-time request to change franchise locations).

Extended Redemption Period for Current Members: All Current Members will automatically receive additional time in which to redeem any unused massages after their membership ends. Under the terms of the Massage Envy settlement, Current Members will have 60 days from the effective date of membership cancellation, termination for nonpayment or nonrenewal to redeem the unused massages. After 60 days have passed, the unredeemed massages will no longer be available for redemption.

The Massage envy class action settlement also provides injunctive relief. For two years after the settlement becomes effective, Massage Envy will provide membership agreements, cancellation forms and sales scripts to each franchise that clearly disclose that the unredeemed monthly massages will expire 60 days after the membership ends.

Proof of Purchase

N/A. Many Former Members have already received an email or postcard notice, which contains a unique ID code that is required to submit a reinstatement request. If you believe you are a Class Member but did not receive notice of the Massage Envy class action settlement, contact the Settlement Administrator.

Current Members do not need to take action at this time. If the Massage Envy class action settlement receives final approval, Current Members will automatically receive additional time in which to redeem unused massages after their memberships end.

Submit a Reinstatement Request

Reinstatement Request Deadline

6/29/2015

Case Name

Hahn v. Massage Envy Franchising LLC, et al., Case No. 3:12-cv-00153-DMS-BGS, in the U.S. District Court for the Southern District of California

Final Hearing

8/14/2015

Settlement Website

www.MassageMemberClassAction.com

Claims Administrator

Hahn v. Massage Envy
c/o GCG
P.O. Box 10139
Dublin, OH 43017-3139
Phone: 1-855-382-6402
Fax: 206-876-5201
info@MassageMemberClassAction.com

Class Counsel

Jeffrey Krinsk
Mark Knutson
FINKELSTEIN & KRINSK LLP

Defense Counsel

Luanne Sacks
SACKS RICKETTS & CASE LLP