Massage Envy Prepaid Massage Class Action Settlement

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

SUBMIT A REINSTATEMENT OR ELECTION REQUEST »

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

www.MassageSettlement.com

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
[email protected]

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