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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
A settlement has been reached in two class action lawsuits that allege Massage Envy Franchising LLC prevented members from using accrued massages after membership cancellation, termination or non-renewal. If you were a member of Massage Envy at any time between March 7, 2015 and June 30, 2016, you may be entitled to benefits from the class action settlement.
If approved, this Massage Envy class action settlement will resolve two class action lawsuits (Donna Zizian v. Massage Envy Franchising LLC and Michelle Bandell, et al. v. Massage Envy Franchising LLC) that allege Massage Envy breached membership agreements by allowing prepaid massages to expire after membership cancellation, termination or nonrenewal.
The Massage Envy class action lawsuits seek changes in the membership agreements, including the provision of additional time for active members to use their unused massages after membership cancellation, termination or nonrenewal. The plaintiffs also seek reinstatement of unutilized massages.
Massage Envy denies the allegations but agreed to settle the prepaid massage class action lawsuits to avoid the burden and expense of ongoing litigation. Under the terms of the class action settlement, Massage Envy will reinstate a certain number of unutilized massages and make changes to the membership agreement to clarify their policy regarding unused massages.
Class Members who wish to exclude themselves from or object to the Massage Envy settlement must do so no later than Oct. 18, 2016.
NOTE: If your Massage Envy membership was cancelled, terminated or not renewed between Dec. 7, 2007 and March 6, 2015, and you have at least one accrued unused 50-minute massage, you may be a Class Member of a separate class action settlement (Hahn v. Massage Envy Franchising LLC). The Hahn class action settlement received final approval on July 5, 2016.
Who’s Eligible
You are a Class Member of the Zizian v. Massage Envy settlement and Bandell v. Massage Envy settlement if:
- Your membership at a Massage Envy franchise within the United States was cancelled, terminated for non-payment, or not renewed between March 7, 2015 and June 30, 2016, and you have at least one accrued and unused 50-minute massage; or
- You were an active Massage Envy member as of June 30, 2016.
Potential Award
Varies.
If your Massage Envy membership was cancelled, terminated or not renewed, you may submit a Reinstatement Request to have approximately 75 percent of your unutilized massages reinstated. The reinstated massages may only be used at your membership location. If you have moved more than 25 miles away from the Massage Envy location, you may elect to have a new “home clinic” designation if you provide the required documentation.
If you were an active member of Massage Envy as of June 30, 2016, you will automatically receive 60 days after membership cancellation, termination or nonrenewal to use or transfer all accrued unused massages under your membership terms.
Active Massage Envy members may elect to have a 180-day period after the cancellation, termination or nonrenewal of their membership to use 75 percent of their unutilized massages. To obtain this benefit, you must submit a valid Election of Benefit Form.
Proof of Purchase
To make a reinstatement request, you must provide the unique ID code that was included in the notice you received by email or mail. If you do not have a Unique ID code, you must contact the Settlement Administrator to obtain it.
Claim Form
Claim Form Deadline
10/18/2016
NOTE: At publish time, the Reinstatement Request Form and Election of Benefit Forms were not yet available. Keep checking the settlement website for updates and to find out when you’ll be able to submit your request electronically.
Case Name
Donna Zizian v. Massage Envy Franchising LLC, Case No. 16-cv-00783-DMS-BGS, in the U.S. District Court for the Southern District of California, and Michelle Bandell, et al. v. Massage Envy Franchising LLC, Case No. 16-cv-01236-DMS-BGS, in the U.S. District Court for the Southern District of California
Final Hearing
1/13/2017
Settlement Website
Claims Administrator
Zizian v. Massage Envy Franchising LLC
c/o GCG
P.O. Box 10314
Dublin, OH 43017-5914
Phone: 1-888-372-6327
Fax: 614-553-1409
info@MassageSettlement.com
Class Counsel
Frank J. Johnson
Brett M. Weaver
JOHNSON & WEAVER LLP
Joshua H. Eggnatz
Michael J. Pascucci
EGGNATZ LOPATIN PASCUCCI LLP
Defense Counsel
Luanne Sacks
SACKS RICKETTS & CASE LLP
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27 thoughts onMassage Envy Prepaid Massage Class Action Settlement
Been a member for several years. Have heard nothing from anyone about a settlement. WHAT’S UP????????? WHERE’S MY BENEFIT????????????
I elected to be in this class action suit and never received info regarding settlement.
Neither have I. Did you receive any monies back?
I elected to be in this class action suit and never received info regarding settlement. My cc on file expired and they are asking for a new billing card.
Though I have 8 remaining massages, I am ready to walk away. They will not let me use them, if I do not provide a new cc!
Frustrated
Where can we obtain details of the final settlement? The website is no longer active. I thought I was able to redeem 3/4 of my unused massages. I cam in today and was told I could only redeem them IF I renew my membership.
I just had this happen to me today, so frustrating.
My wife & I had ME memberships that acumulated 26 unused sessions (hrs) each. We could not use them due to her illness with early onset dementia and I became her fulltime caregiver at home. I placed our memberships on inactive until we could get caught up. After 60 days, they eventually cancelled our membership and would not let me use what we payed for. We planned on both going at the same time for couples massage, but she had become incontinent. I advised them of the fact, and despite wearing depends, I couldn’t make any assurances that they were going to have a biohazard to clean up. That’s when they stated they would contact someone about the situation, but they never got back with me… thus the accounts were eventually cancelled for nonpayment, with appr. 50+ sessions on the books. As a note regarding the timeliness, my wife did all billing, insurance, etc and hence, this notice was discovered later as it was all I could do to search for, find & pay the daily bills whenever they became due. I believe I should do the same as your advice to Jenny. Thank You. Jay
My initial contract was signed November 16,2015. It was never auto renewed by their error.(They did not check a certain box when I signed up) So when I called to get this issue resolved, I had 7.5 hours of unused massages. Today I called to ask why I was being charged $65 a month when my contract clearly states $49.99 and I was told I only have 5 massages available and the other 7.5 expired. Something is very crooked about this company. Please help.
My massages have just expired and I can no longer redeem them. I have maybe 9 left. My husband has even more. I had medical issues during my time as a member, as did he, so we were able to suspend the membership at times, but other times, the membership was just charges and kept accruing. I tried to use mine before expiration but couldn’t and had hoped to make use of my husbands credits but again couldn’t. It was a lot of money that they wouldn’t work with us on!
We’re sorry this happened to you! You may want to try contacting class counsel to discuss your situation. Counsel is listed at the bottom of the article and can be Googled for contact information.
I need to speak to someone. I have been a member since 2008. I have over 20 massages they will not let me use do to my current recurring charge not being approved? They jumped my rate back in August ’16 $25 making my massages now $70+. I have tried to cancel and I have tried to use my massages to no avail. They charge my account repeatedly and say I am behind. My CCA says that I have a recurring monthly charge. I spoke to them again on Sunday after my millionth attempt at getting a massage and told them I would just cut my losses and cancel my membership! Instead, I was told the head manager would call me and proceed the cancelation. INSTEAD, they charged my account AGAIN another $70+!!!!! Please email me at newspaperdeliverygirl@gmail.com to take action against this fraudulent company taking money for services not able to be rendered.
I just became a member and want to cancel my membership doto hardship. And was told i should have done it in 3 days. I hate this company. Only way with dr note . after massage i was hurt for a week.
I just found out about these class action suits. I’ve been a member of Massage Envy for several years. I have decided to quit as my massages pile up faster than I can use them. Will they honor a percentage of my unused massages?