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As many as 130,000 Massage Envy customers gained certification April 15 in a class action lawsuit challenging the chain for the withholding of prepaid massages. U.S. District Judge Dana M. Sabraw found that the class was numerous enough, and that the alleged violation of California Unfair Competition Law was alike enough, to certify the class.
At the conclusion of the April 15 order, Judge Sabraw found that in addition to the Massage Envy class action lawsuit’s original named plaintiff, Gail Hahn, there would be two additional named plaintiffs, Chaille Duncan and Alexis Hernandez.
Massage Envy is a national chain of more 900 clinics which operates on a prepaid membership fee model; for $59 a month, members can receive one massage. Those massages which cannot be scheduled during the month in question can be redeemed later. However, if a customer has cancelled his membership or his account is in arrears, Massage Envy stores will not redeem the unused prepaid massages. According to Judge Sabraw’s order, “more than 100,000 Massage Envy members in California lost unused 26 prepaid massage services due to cancellation, and more than 30,000 members lost such services 27 because their accounts were in arrears.”
The initial Massage Envy class action lawsuit was filed by Hahn on Dec. 7, 2011, in San Diego County Superior Court. Hahn claimed she had signed a contract with a Massage Envy franchise in September 2008, and made 23 monthly payments thereafter, but had only used two massages. Hahn alleged that she attempted to cancel her membership, but was unable to until she requested that her credit card company stop making the payment, and even then the chain referred her to a collections agency. According to the sales script detailed in Judge Sabraw’s order, she was told something like, “[Y]ou have the entire term of your membership to use your member services. As long as your membership is active, your services roll over. In other words, if you can’t come in one month, you’ll have two waiting for you the next month … .” She alleged in her class action lawsuit that Massage Envy would not provide her with the 21 massages she had paid for, nor would they provide a refund for the unused services.
The case was removed to federal court in January 2012. The members of the Massage Envy class action lawsuit are seeking injunctive relief prohibiting the company from its practice of forfeiting prepaid massages, in addition to compensation for, or reinstatement of, their massages.
Hernandez claims that she signed a membership contract in October 2011 at a Chula Vista, Calif. franchise, and cancelled her membership in March 2013 with eight unused prepaid massages. Duncan signed her membership agreement in June 2009, and cancelled her membership in February 2011, with three unused prepaid massages. Both were denied their request to redeem their remaining massages based on the cancellation of their memberships.
The plaintiff is represented by Jeffrey R. Krinsk, Mark L. Knutson and William R. Restis of Finkelstein & Krinsk LLP.
The Massage Envy Class Action Lawsuit is Hahn v. Massage Envy Franchising, LLC et al., Case No. 3:12-cv-00153 in the U.S. District Court for the Southern District of California.
UPDATE: Class Members have until Aug. 5, 2014 to exclude themselves from the Massage Envy class action lawsuit, which is seeking refunds and reinstatement of forfeited massages for former members. If you don’t exclude yourself, you’ll be eligible for any settlement money that’s offered. Learn more.
UPDATE 2: Instructions on how to file a claim for a nationwide Massage Envy class action settlement are now available! Click here or visit www.MassageMemberClassAction.com for details.
UPDATE 3: On July 5, 2016, the court granted final approval of an amended settlement. Click here or visit www.MassageMemberClassAction.com for details. You may also qualify for a separate class action settlement titled Zizian v. Massage Envy.
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34 thoughts onMassage Envy Class Action Lawsuit Certified
I have a current membership with them and I have 10 massages unused. I have tried to freeze my account but they stated if account is frozen I will not be able to use my massages until account is unfrozen. I want to cancel but I will loose all my massages. I just cant catch up and I also want to see if I can bring friends to help me use them but they say it will cost me $10 for transfer fee to that individual. They keep taking $59 out faithfully and my massages keep piling up. We also have to tip the massagers so were paying like $70 a month. I just cant catch up I really would like to have my money back in full and cancel my account.
I Deanna, the same happen to me. They said that if I frozen my account so they don’t charge anymore, I can not use my unused massages. But also that I can bring only a direct family member that can use my unused massages once every 6 months. Any reason that I use to terminate is not valid for them and they said they can enforce payment because that is a contract. Them I said: this suppose to be to relax people, but instead is causing more stress and before. I wish I can have my money back too.
To those whom have commented, Read before you sign a contract, I did, yet this company totally ripped me off for about $1400.00 worth of unused Massages! My fiancé & I purchased a MEM back in December of 2012; both of us had surgeries that year and were unable to use the pre-paid services for the remainder of 2012. When I called ME to inquire how we could go about using the services which we had been paying for during the past year, we were told that we could not use their services for which we had already paid them! I, too, was also harassed by phone. They kept calling me and telling me that I still owed them for their services, to which I stated that I had previously cancelled my contract with them, and since I was not being allowed to cash-in and use the services for the past 12 months for which I had already paid, that they would not get another penny from me! I also had to contact my Credit Card company and request that they cancel any future payments to ME! We were told many different things by the staff at ME when we were signing the Contract, but the truth about their services and what type of ripoff company they truly are came out in the end! I spent well over $1200.00, none of which I have to show anything for to this point, not in services redeemed nor in monetary refund! We would like to become a part of this lawsuit! Its high time there is a stop put to companies that rip people off with their underhanded practices! We kept our end of the contract, however, they fell far short on upholding their end of the Contract! Our own Attorney General was even NO HELP! Sad that people have to hire attorneys in order to resolve issues where one has paid for services and not received the services in good faith!
i sign a contract with massage envy in richmond va .i was so busy at work never got to use services.so me thinking i didnt have to pay for services not use they still took money out of my account . when i tried to cancel membership, i had to use services because of contract, they hasselled me everyday until i blocked their number. i had to tell my back to issue me another card to keep them from stealing my money . what they did was put they put oit on my credit score now, my score has dropped.and they refuse to remove it until i pay them.will someone tell me what to do!help!!!!!!!8045398616
PLEASE READ BEFORE YOU SIGN A CONTRACT, I signed up at Massage Envy and soon realized the one of the paragraphs you initial next to DOES STATE that if you are to cancel your membership, you have a 30 day time frame to use any remaining prepaids, so technically…… you are allowed to use your remaining credits within the time they give you and most do initial with out fully understanding. We are all adults and should all know what a commitment entails.
I like to know if is not to late for sign in for this lawsuit, i have the same problem her in North Carolina
I have the same problem- thinking I will join the class action lawsuit
I understand some of your frustrations, but I would also advise you to read what you sign. It clearly says in the contract that if you’re a member, your services roll-over. Obviously if you cancel, your services will not roll over & will be cancelled out as well. If you are having any financial or personal issues, just freeze your account that way you don’t pay the month and you don’t go in. Then just unfreeze your account and continue the membership. Of course I have read some really bad reviews of managers and front desk being rude, but not all Massage Envys are. I personally love the staff of where I go and I understand if there are last minute changes with my massage therapist, they’re humans too. I wouldn’t want her massaging me while she’s sick or not feeling well because the experience wouldn’t be pleasant. Sometimes I can’t go in a month because I have a lot going on, but that just means I can go in for a longer massage or more frequently the next month. All in all, to each their own, but just read what you sign carefully.
A reasonable person expects to get what they paid for, regardless of whether or not they cancel their membership. Otherwise, the party doing the charging is unjustly enriched. Its ridiculous that a place where it is so difficult lining up appointments can go on charging you while your unused appts rack up, and then strip you of those appts when you cancel.
I am very surprised, Holly. I had major back surgery and they suspended my account, did not charge me for 6 months. They put my membership on hold. I didnt have to cancel at all. When My doctor released me, I called massage envy and they removed the suspension. I am a very happy camper.
I would also like to be involved in this lawsuit. I have been trying to cancel for months and finally had to go into the office where I signed up in order to cancel and now they want to wipe out 24 massages.
I would like to add myself to the lawsuit. The stole about 5 massages from me. I broke my leg this year and was unable to use my prepaid massages. I canceled the contract and was charged again on Jan 5th. I was told once my membership was up I had 30 days to use the massages. I called and was told I was not allowed to us them and that I had to use them the month I was last charges. Like I can have 6 massages in a month? Totally stupid.
I would like to know if it is not too late to be a part of this class action lawsuit. I have been a member since being stationed in Northern California (early 2009). We moved to west Texas 2 years ago and I have recently begun working fulltime M-F. It is almost impossible to get an appointment at the local Massage Ency (50 miles away). I sent a letter to the Northern California Massage Envy who contacted me stating that they would cancel my membership, however I would not get a refund of the 5-6 months I still have availble with them. I was told that I have 30 days to use these pre-paids, however I cannot make an appointment until 29Mar2015. How does that work. I cannot go to the Massage Envy and protest this because since I moved, and requested several times to switch my membership here to Texas, I am still being billed and reminded monthly by the Massage Envy in California. If there is any help available out there, I would very much appreciate some more direction. I realize I did sign a contract, however when the people you sign a contract with are not able to fulfill that contract, then there’s an issue. Paying for monthly membership and not being able to get a massage for 2 months, is not sufficient.