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This settlement is closed!
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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.
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
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
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39 thoughts onHahn v. Massage Envy Class Action Settlement
I am just now finding out about this. I have 26 unused visits and have been denied use of them. How do I get something back or be able to use some of them?
Last week I cancelled my membership after 2 YEARS! I book my monthly appointments months in advance. I arrived today to be told that since I had been to the dentist, I could not get my massage. I had never heard of this until today. Is it noted anywhere in the lobby? NO! Was this ever told to me? NO! They only knew about bc of my casual conversation with the receptionist. I was having issues speaking & told her to please excuse me, that I had a dentist appoint earlier this morning. That’s when she ask me if I had an injection…I laughed & said yes, Novocain. That’s when she told me…no massage. After taking the day off, planed my whole day around this. THEY have totally wasted my time AND the therapist bc if THEY had made their clients aware of this, I could have scheduled around it. I own my own business & get very few days off & when I do, I try to enjoy them & make the most of them, needless to say, it was a total disappointment! How are clients supposed to know if they are not made aware of this? I even ask how & where am I supposed to know about this? She just looked at me & couldn’t answer me. Educate your clients on your rules if you are going to have rules! If I had known this, I could have reschedule one of the appointments weeks ago! So…Today, Nov 2 I get a call explaining since I cancelled my debit card, the one they deducted from every month, my unused visits are no longer mine. If they feel good about their very unprofessional customer service, they can keep them! I just thought this needed to be heard. I really didnt care to go back anyway, especially after the last 2 therapist were awful. When My therapist of almost 2 yrs left, they rest were not worth a flip! And from what Ive heard all over & here on the net, Im better off being gone & give my money to a WORTHY company who deserves it.
I have 9 unused sessions and they sent me to collections when i cancelled what can i do since i was unaware of this lawsuit
So I didn’t watch Netflix at all last month..do I get that month back in a credit? oh and I didn’t go to the gym a couple months, can I have those months back..and now that I think of it, I don’t watch ALL my channels on cable so surely I deserve some sort of credit since I didn’t use the services I was able to use
Your argument is invalid. The services you tried to compare are ONGOING AT WILL services. We pay for those services to be to be used at anytime everyday all month. We do NOT pay massage envy to deliver ongoing at will everyday streaming services nor do we pay them to use the facilities all day everyday such as a gym. We pay for a singe hands on service administered by a human in which we must make an appointment to use. BIG DIFFERENCE. This issue is more comparable to a prepay situation… such as airfare. We book a trip and prepay for the flight. If we are not able to make the trip, we are given a refund or a credit to be used within 1-2 years with the same company. ME has a customer hostile policy that benefits ME very profitably and screws the customer. This is a nationwide far reaching problem or there would not have been a class action lawsuit and so many complaints filed. An easy fix would be for ME to extend the policy to a year or to give extensions to individuals based on circumstances.
Well said..
Right. All except for the part that states “I no longer can afford the monthly payments and could really use all the cash I paid”…That’s where your argument went south and the analogy used was spot on. The suit is to gain time to redeem services, not “all the cash you paid.”
Because I was informed at the ME in my area that I could not cancel without losing my already paid for services, I continue to put my account on freeze. However, I can not use my massages when the account is in the ‘freeze status. Somehow I think I am getting the shaft! I no longer can afford the monthly payments and could really use all the cash I’ve paid.
So I didn’t watch Netflix at all last month..do I get that month back in a credit? oh and I didn’t go to the gym a couple months, can I have those months back..and now that I think of it, I don’t watch ALL my channels on cable so surely I deserve some sort of credit since I didn’t use the services I was able to use
Your argument is invalid. The services you tried to compare are ONGOING AT WILL services. We pay for those services to be to be used at anytime everyday all month. We do NOT pay massage envy to deliver ongoing at will everyday streaming services nor do we pay them to use the facilities all day everyday such as a gym. We pay for a singe hands on service administered by a human in which we must make an appointment to use. BIG DIFFERENCE. This issue is more comparable to a prepay situation… such as airfare. We book a trip and prepay for the flight. If we are not able to make the trip, we are given a refund or a credit to be used within 1-2 years with the same company. ME has a customer hostile policy that benefits ME very profitably and screws the customer. This is a nationwide far reaching problem or there would not have been a class action lawsuit and so many complaints filed. An easy fix would be for ME to extend the policy to a year or to give extensions to individuals based on circumstances.
I have several unused massages with them and would like to submit a claim. I did not get notification of this class action. What are my options now?
I sent my information. I have not received any notice stating what to do it this point. Is massage Envy going to give me nab the massages I lost?
I had four unused massages and couldnt get them redeemed
This JUST happened to me. The reason for this lawsuit. I have several unused massages and I cannot get redeemed because I will not renew my membership. What do I need to do to attach to this suit. Do I wait for the final verdict to be posted (as it looks as though it hapened 3 days ago) Thank you for your assistance in this.
I have lost my cars with my unique id number. Is there anything I can do about that?