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This settlement is closed!
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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
Oregon……….any legal action here. I had prepaids and now they won’t let me use them……?
WILL THERE BE ANOTHER ONE? IS IT TOO LATE TO JOIN CLASS ACTION SUIT? I HAVE BEEN A MEMBER SINCE BEFORE 2009. I CAN NOT POSSIBLE USE ALL MY PREPAIDS. IF I QUUIT I WILL LOSE THOUSANDS OF DOLLARS. REAL CATCH 22. HELP!
I have several sessions around 50
Well, it’s 2022 and nothings changed, even with Covid-19. I have a compromised immune system and was advised by my PCM not to return to getting massages at this time. I have over 30 accrued sessions at $60 a pop. How is this legal? Are there any more Class Actions against Massage Envy in the works? Count me in!
I am experiencing similar issues with my massage envy membership. I am interested in finding out how your cases have gone. I have over $1000 worth of sessions which they won’t allow me to use because I won’t update my credit card information due to being charged while my account was on a freeze. Any help would be greatly appreciated.
I purchased a gift certificate for a Massage Envy session. Whenever I called to make the appointment they requested that I give them my debit card number to put on file before I can even make an appointment. I do not want them to have access of my debit card or my bank account information. They refuse to set an appointment because I refused to give them my banking information. I wanted a refund on the gift card and they refuse that as well. How do I file a class action lawsuit against Massage Envy in Simpsonville South Carolina
I have 77 accrued massages and want my money back. They tell me I can’t get a refund. Is this true?
Same here I have 66 massages and I can’t use them or get a refund. I don’t remember signing a paper that said they could do this.
I have never heard anything back. I’ve been a member since 2015 and I was told if i cancel membership I can not use my unused already paid for massages!
same here
same here…
I have heard nothing back and when you click on the website it says no longer available…I signed up back in 2015
I had at least 10 unused massages when I cancelled my membership. This was at the Sevena Park, md location. I have not heard anything about either having my money returned or reinstate my unused massages.
get this you will not get your money back. massge envy steals it and keeps it, i just tried to get my money back, and was told no way. so now i will go thru the visa/mastercard and file a complainet of dishonest business and in 2016 class action law suit was just about this. not refunding the client for unused services… what a scam…never go near their again. COSTA MESA CA Massage Envy a bunch of theives.