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A website has been established to inform Class Members of their rights under a class action settlement that accuses Massage Envy Spa of unfairly increasing monthly membership fees.
Massage Envy denies the claims that it wrongly increased membership fees, but has agreed to settle the membership fees class action lawsuit to avoid the risks and costs of continuing litigation.
The Massage Envy class action settlement website notes that the Court has not decided who is right in the lawsuit, but has granted preliminary approval for the proposed settlement deal.
Massage Envy and customers allegedly affected by membership fee changes have reached a settlement that would provide $10 million in vouchers worth between $10 and $50 to Class Members.
Under the settlement terms, if the claims made for compensation do not reach $10 million, the value of the vouchers distributed will be increased until the total value of vouchers distributed reaches $10 million.
Plaintiffs from a separate Massage Envy class action lawsuit protested the proposed settlement deal for this Massage Envy class action lawsuit, saying that the vouchers are not a sufficient benefit because to use them, customers have to purchase more Massage Envy products.
Class Members are people who were a member of any Massage Envy Spa in the United Sates between Nov. 4, 2006 and June 7, 2019 and their monthly membership was increased during that time.
The website also notes that Massage Envy Spa members who were members on June 7, 2019, were then bound by terms of a new membership agreement, which states that Massage Envy could give customers a 45 day advance written notice of any changes to membership fees.
Experts say that the benefits provided by the proposed settlement deal represent around 10 percent of what Class Members could have received had the Massage Envy membership class account lawsuit gone to trial and had the Court decided in the customers’ favor.
The Massage Envy settlement website states that Class Members do have the option to opt out of the settlement.
Customers who opt out will not receive benefits but will not be bound by settlement terms and retain the option to pursue litigation against Massage Envy.
The deadline for Class Members to exclude themselves from or object to the settlement is Sept. 20, 2019.
Online voucher requests can be submitted starting on July 22, 2019, with a deadline of Sept. 20, 2019.
A final approval hearing is scheduled for Nov. 1, 2019.
Plaintiffs who filed the Massage Envy class action lawsuit say that customers were told that they could “lock in” membership rates and that their rates would not change. Additionally, the company allegedly advertised that customers could cancel their subscriptions at any time.
However, the company reportedly raised membership rates without customers’ consent. Additionally, customers claimed that Massage Envy intentionally made it difficult for members to cancel their memberships.
The Massage Envy customers are represented by Jeffrey R. Krinsk and Trenton Ross Kashima of Finkelstein & Krinsk LLP.
The Massage Envy Membership Rate Hike Class Action Lawsuit is McKinney-Drobnis v. Massage Envy Franchising LLC, Case No. 3:16-cv-06450, in the U.S. District Court for the Northern District of California.
UPDATE: July 2019, the Massage Envy membership fees class action settlement is now open.Click here to file a claim.
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