Christina Spicer  |  May 28, 2019

Category: Legal News

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A class action lawsuit alleging Massage Envy unfairly increases membership fees in violation of its own agreement has been transferred to California federal court.

Lead plaintiff David Lapa further states in the class action lawsuit that consumers find it very difficult to cancel their memberships with Massage Envy.

According to the Massage Envy class action, in exchange for about $60 a month, members receive one 50-minute massage.

The plaintiff contends that he and other consumers were told that they could lock in their rates and that the monthly rate would remain the same until they cancelled their contract with Massage Envy.

“Defendant has failed to abide by its contract,” the Massage Envy class action states. “After execution of the Membership Agreement locking in the monthly membership fee amount (both for the original term and renewal term(s)), Massage Envy unilaterally raises the monthly membership fee amount without consent of the customer.”

In some cases, alleges the Massage Envy class action lawsuit, the rates have been raised by as much as 35 percent despite clear language in the Massage Envy agreement, initialed by members, that the rates will remain the same.

“As a result, Defendant has collected millions of dollars attributable to monthly membership fees without a contractual provision allowing the fee increases to occur,” contends the Massage Envy class action. “Often, Envy customers do not know that their obligated payments have increased to an amount greater than contractually imposed on them due to the nature of Defendant’s automatic billing.”

Massage Envy members also face limited options to cancel the agreement, alleges the Massage Envy class action lawsuit. Further, those who wish to cancel must pay fees much higher than they would if they just paid out the contract.

Massage Envy filed a motion to transfer the class action lawsuit to California federal court. On May 7, 2019, U.S. District Court Judge John F. Keenan agreed, noting that a similar class action lawsuit, McKinney-Drobnis v. Massage Envy Franchising LLC, has been filed in that same district.

“The Court has reviewed the complaints in both actions and finds them to be related and substantially similar,” states the order transferring the case.

The Massage Envy class action lawsuit seeks to represent a Class of New York residents who have or were enrolled in a membership with the chain and whose membership fee was increased.

The plaintiff in the transferred case is seeking a court order stopping Massage Envy from assessing fee increases on members without advance notice, as well as damages and restoration of previously increased fee amounts.

Lapa and the proposed Class are represented by Ishan Dave, Abraham Z. Melamed, and Derek T. Smith of Derek Smith Law Group PLLC and Chezky Menashe of Menashe and Associates LLP.

The Massage Envy Class Action Lawsuit is Lapa v. Massage Envy Franchising LLC, Case No. 3:19-cv-02694, in the U.S. District Court for the Northern District of California.

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35 thoughts onMassage Envy Fee Hike Class Action Transferred to California

  1. Adrienne byers says:

    I would like to be added to the class action suit. I purchased membership services in Ohio and Michigan’s. I have several email correspondence trying to cancel and having difficulties and I complained about the always changing fees (per location) with no notification and the confusion on charging state sales taxes on massages!
    Two years

  2. Catherine Luedtke says:

    How can I be added to the Massage Envy Lawsuit. I have over 50 massages banked and either use or lose, but I can’t even use them!!! The places closest to me are always booked and I can never get in when I need one even months in advance, try to book online…forget it, it’s completely booked. It’s false and deceptive and they are selling a product you can’t even use, and NOW they are doing facials and almost that is their main business….it’s not Facial Envy…it’s Massage Envy!! I’ve been thinking about sueing them for years as I tried to freeze my acount and use my banked, but you can only freeze for a short time and still, I just can’t even get in to have one as their always overbooked, this is definitely illegal overselling a product the consumer can’t use, I want my over 5K back I have spent on the, yes, also increased pricing and now is $89 a month when I can’t even use it!!! Please let me know who to contact to get on one of these class action lawsuits to try to get my PAID fees back so I can also close this darn account for good!! Thank you

  3. Monica says:

    How can I be added? Im thinking about talking to a lawyer to start my own class action. I just had a massage and they told me about a “market price fee”, where certain locations were informed by “corporate” (which there is no corporate that oversees all locations) to CHARGE the difference between my agreed upon membership fee ($65) and their market price for membership ($85)!! Isnt the purpose of having a monthly membership for a set price and being able to use at any location? Now I have 10 massages that I could be charged extra fees for, never informed of a price increase, and goes against the monthly charge in my contract. Help! Ive had issues with them in the past and it seems they can do anything they want.

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