Sarah Gilbert  |  April 21, 2014

Category: Consumer News

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Massage Envy class action lawsuitAs many as 130,000 Massage Envy customers gained certification April 15 in a class action lawsuit challenging the chain for the withholding of prepaid massages. U.S. District Judge Dana M. Sabraw found that the class was numerous enough, and that the alleged violation of California Unfair Competition Law was alike enough, to certify the class.

At the conclusion of the April 15 order, Judge Sabraw found that in addition to the Massage Envy class action lawsuit’s original named plaintiff, Gail Hahn, there would be two additional named plaintiffs, Chaille Duncan and Alexis Hernandez.

Massage Envy is a national chain of more 900 clinics which operates on a prepaid membership fee model; for $59 a month, members can receive one massage. Those massages which cannot be scheduled during the month in question can be redeemed later. However, if a customer has cancelled his membership or his account is in arrears, Massage Envy stores will not redeem the unused prepaid massages.  According to Judge Sabraw’s order, “more than 100,000 Massage Envy members in California lost unused 26 prepaid massage services due to cancellation, and more than 30,000 members lost such services 27 because their accounts were in arrears.”

The initial Massage Envy class action lawsuit was filed by Hahn on Dec. 7, 2011, in San Diego County Superior Court. Hahn claimed she had signed a contract with a Massage Envy franchise in September 2008, and made 23 monthly payments thereafter, but had only used two massages. Hahn alleged that she attempted to cancel her membership, but was unable to until she requested that her credit card company stop making the payment, and even then the chain referred her to a collections agency. According to the sales script detailed in Judge Sabraw’s order, she was told something like, “[Y]ou have the entire term of your membership to use your member services. As long as your membership is active, your services roll over. In other words, if you can’t come in one month, you’ll have two waiting for you the next month … .” She alleged in her class action lawsuit that Massage Envy would not provide her with the 21 massages she had paid for, nor would they provide a refund for the unused services.

The case was removed to federal court in January 2012. The members of the Massage Envy class action lawsuit are seeking injunctive relief prohibiting the company from its practice of forfeiting prepaid massages, in addition to compensation for, or reinstatement of, their massages.

Hernandez claims that she signed a membership contract in October 2011 at a Chula Vista, Calif. franchise, and cancelled her membership in March 2013 with eight unused prepaid massages. Duncan signed her membership agreement in June 2009, and cancelled her membership in February 2011, with three unused prepaid massages. Both were denied their request to redeem their remaining massages based on the cancellation of their memberships.

The plaintiff is represented by Jeffrey R. Krinsk, Mark L. Knutson and William R. Restis of Finkelstein & Krinsk LLP.

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

 

UPDATE: Class Members have until Aug. 5, 2014 to exclude themselves from the Massage Envy class action lawsuit, which is seeking refunds and reinstatement of forfeited massages for former members. If you don’t exclude yourself, you’ll be eligible for any settlement money that’s offered. Learn more.

UPDATE 2: Instructions on how to file a claim for a nationwide Massage Envy class action settlement are now available! Click here or visit www.MassageMemberClassAction.com for details.

UPDATE 3: On July 5, 2016, the court granted final approval of an amended settlement.  Click here or visit www.MassageMemberClassAction.com for details. You may also qualify for a separate class action settlement titled Zizian v. Massage Envy.

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34 thoughts onMassage Envy Class Action Lawsuit Certified

  1. Marisa says:

    These people are unbelievable! They are rip offs for sure! I have been a member for years and always struggling to keep my credits by having to leave a cc on file so they can steal my money! Every time i try to schedule a massage they are booked in every location so my “massage credits” with i have payed for keep adding and they keep taking my monthly payment! I have over 15 credits and they just told me my account was cancelled so they are stealing my money! Also my daughter purchases me a 1 hour massage for mother’s day and adds it to my account and they accept it and assure her i can use it but when i call them they say i cant unless i give them a credit card!
    Why would they need my credit card to give me my massage my daughter already purchased. I was sent a tx about suing massage envy in the past but a manager called me assuring this would not happen to me anymore and here i am. Massage envy are liars and rip offs! I am ready to join in the lawsuit!

  2. Kathleen Mann says:

    I signed up with a year contract (I didn’t get a copy) with ME and was getting weekly massages for several months, then got busy with the holidays and was planning to schedule another massage this week and today I got a threatening letter stating multiple attempts to contact me via phone and /or email and that if I didn’t respond in 10 days I was going to be sent to collections?

    I assume my credit card expired, I scrolled through my phone using massage as a key word and no attempts were made to contact me via phone, text or email.

    Now, I have no desire to ever go back to ME again, they have totally ruined any relaxation benefit I could obtain from them by threatening me. I am astounded!

    How do I break this agreement without my credit being ruined?

  3. J.M. says:

    Massage Envy is still withholding massages unless you get their “hold plus” and pay $10 a month to redeem your massages. I have 26 unused massages that they will not let me use without paying $10 a month. They are always too busy to schedule my massage. Is this permissible under the settlement?

  4. Desiree says:

    I got a 12 month membership on Jan 4 2016 and so it expired on Feb 3 2017. I went into the office Jan 24 2017 to sign papers and say i did not want it to renew after the expiration date. I then was charged $60 on Feb 6 2017 and another $60 March 6 2017. I should not have been charged anything after the expire date since I signed the papers. Now what do I do? I fully waited the 12 months and signed paper like I was asked but I am still getting charged.

  5. Corina says:

    I canceled my membership and they are still taking the money out of my bank account every month. I have to call them to refund the money to me. They keeps saying that it will not happen again and of course it does. Anyone else having the same problem?

  6. Top Class Actions says:

    UPDATE 3: On July 5, 2016, the court granted final approval of an amended settlement. Click here or visit http://www.MassageMemberClassAction.com for details. You may also qualify for a separate class action settlement titled Zizian v. Massage Envy.

  7. Maria says:

    Hi, I signed for a year and wanted to cancel, but they told me I can’t. they told me that I can give some massage to a family member. I did one time, them I tried to do that again and they told me that I have to wait 6 months before I give a message to a family member again. I have 7 massages accumulate and I am trying to schedule, but there not enough employees to perform the massage. To cancel to have to fill up a form and make sure they input on the system. I am in the process of doing that. Finally after a year of payment. I hope something can be done in Texas. I am in Dallas.

  8. Laurie Burdick says:

    I spoke with a friend recently. I had made an appointment for him at massage envy after I told him how much I enjoyed it. I saw him this week and he thanked me for paying for his massage. This man is loaded – at 62 years of age he does not have to work a day of his life again. I asked him-you did not pay anything?! He said no he was told it was taken care of. Here I am struggling to make my $900 a month house note. Today I went to massage envy-he told me yesterday. She said yes he was given one of my prepaid hour massages last August!!!!!! This was done without my knowledge. I told her to flag my account only to be used by me-ONLY!!! they just gave away my prepaid time to a man who I know remotely-I received no call if this was ok NOTHING. who else do they do this too. This is my 1 guilty pressure I allow myself to help with stress. This is wrong. will this help on the you with suit. Thank you, Laurie D. Burdick

  9. Top Class Actions says:

    UPDATE 2: Instructions on how to file a claim for the Massage Envy class action settlement are now available! Click here or visit http://www.MassageMemberClassAction.com for details.

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