Proposed Settlement in Hahn v. Massage Envy Franchising LLC
Written by Welcome on May 28, 2015
Massage Envy, a popular massage and spa chain in the United States, was recently subject to a class action lawsuit. This class action alleged that the chain unfairly stripped former members of their complimentary monthly massages upon the cancellation or termination of their memberships. Recently, this class action lawsuit was settled. In the settlement, Massage Envy did not admit to any wrongdoing. However, the chain agreed to provide its former members with the opportunity to have their unused monthly 50-minute massages reinstated in order to avoid further litigation regarding the issue.
Massage Envy is a large chain that provides massage and spa services to its clients. It has franchises that are located throughout the United States. The class action brought against Massage Envy alleges that the business engaged in unlawful business practices by failing to make good on monthly massages that were a part of its membership program.
Specifically, the class action takes issue with the fact that Massage Envy allowed these monthly massages to expire following membership cancellation. This cancellation could have taken place by choice on the part of the member, due to non-payment, or due to lack of renewal. In cancelling these massages, which were included as part of Massage Envy’s monthly membership program, the members of the class allege that Massage Envy violated the terms of the membership agreement.
A settlement in Hahn v. Massage Envy was recently reached, and it is now pending final approval. Rather than issuing a monetary reward to those who were affected by Massage Envy’s business practices, former members will be entitled to having a portion of their unused massages reinstated.
In order to be considered part of the class for this settlement, an individual must have been a member of Message Envy between the period of December 7, 2007 and March 6, 2015. Additionally, you must have canceled your membership (or had it cancelled) during this period, with at least one unused monthly 50-minute massage still attached to your membership.
The settlement provides members of the class with a partial reinstatement of their unused 50-minute messages. The partial reinstatement, on the whole, provides 75% of what was lost. However, in the case where a former Massage Envy member had one or two unused messages on their membership at the time of cancellation, he or she will be eligible for one 50-minute massage or one 90-minute massage, respectively.
Members of the class will be able to seek and receive their unused massages for a 180-day period following the final approval of the settlement. These massages should be claimed at the Massage Envy franchise that served as the former member’s home clinic. If, however, a former member has moved more the 25 miles away from their home clinic, they can receive their massages at another franchise location. Making a one-time request to change the location of the home clinic is required.
In order to receive the massages provided as part of the settlement, a former member must submit a reinstatement request by June 29. 2015. This can be done through the mail or through the settlement’s website, which is located here. Those who would like to be excluded from the class or who would like to file an objection to the settlement have until June 29, 2015 to do so.
The final approval hearing for the settlement is scheduled to take place on August 14, 2015. If the settlement is approved, former Massage Envy members will be able to make use of their reinstated massages the following day and for the next 180 days.