Active Class Action: Robinson v. Massage Envy Franchising, LLC

Home Forum Litigation Active Class Action: Robinson v. Massage Envy Franchising, LLC

This topic contains 8 replies, has 2 voices, and was last updated by  John Petersen 1 year, 3 months ago.

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  • #12690 Reply

    Admin
    Keymaster

    U.S. District Court for the Southern District of Florida case no. 0:15-cv-60017

    A recently filed class action lawsuit filed against a national massage chain¬†alleged the company’s business practices were unfair and deceptive because it won’t honor prepaid massages for customers who cancel their memberships.

    Fumiko Robinson filed the lawsuit against Massage Envy Franchising on Nov. 26 in Broward County Circuit Court in Florida. It was removed to U.S. District Court for the Southern District of Florida on Jan. 5.

    Patrons pay $59 per month to Massage Envy for one massage per month, the lawsuit said. The prepaid massages that can’t be scheduled during the month roll over to the next month. However, if the customer cancels the membership, they can’t receive those rolled over massages, the complaint says.

    Robinson is seeking less than $5 million in damages, as well as class status for anyone who prepaid for massages at Massage Envy in Florida.

    The $5 million figure is a threshold for removal under the Class Action Fairness Act, which, the defendant argues, prevents the plaintiffs from artificially structuring their lawsuits to avoid federal jurisdiction.

    Robinson is represented by Joshua H. Eggnatz, of The Eggnatz Law Firm, P.A.

    #12875 Reply

    Sandra Andreson

    I have four (4) paid for massages. I wanted to transfer one to my nurse son (12 hour shift work). I was told I could not. These are paid for and he needs massage. Only if HE joins and Pays will ME allow me to transfer to him except EVERY 6 MONTHS!
    Also if I cancel, my paid for member massages will not be honored!
    UNACCEPTABLE BUSINESS BEHAVIOR.

    #12824 Reply

    Sharon Espinola

    I would participate in this class action lawsuit as I have had the same experience as most have noted here when cancelling my membership.

    #12823 Reply

    Sharon Espinola

    I would join this class action lawsuit. I have had the same experience that is repeated over and over here on this website.

    #12818 Reply

    David Eiglarsh

    I’ve joined this lawsuit. Joshua H. Eggnatz, of The Eggnatz Law Firm, P.A. is an upstanding guy and knowledgeable in both class-action suits and the particulars of other pending litigation against Massage Envy.

    #12809 Reply

    Moniqu

    I am having the same issue with Massage Envy in Mooresville and Concord NC. I have been unable to schedule appointments for the last 6 month because of their shortage in staff so I am loosing prepaid appointments. I plan on cancelling my membership but do not want to loose my accumulated appointments. Any Suggestions?

    Sincerely,
    Monique Owens

    #12761 Reply

    J

    They can use those massages. They have a month to use them. And since they give them a 30 days written notice to cancel they should (hopefully be able to count to 30) be able to use a calendar and see when they have to use them. If there is a lot then upgrade your service, do a two hour, bundle, or gift it to a friend. Also it states exactly that in the contract and massageenvy.com. They just have to 1. Take the time to read the paper they just signed and 2. Follow up to the website.

    #12917 Reply

    Patricia

    I have a slightly different take on this. My account has been suspended for 2 months because the cc I had on file was expired. When I called last night, to return 2 phone calls from the ME, I was informed that in order to cancel my membership, my account had to be active, meaning that I would have to pay for the 2 months of suspended service before I could cancel my membership. Is this true? I am paying monthly as my initial one-year contract has been over for 2 years now. I don’t want to have an account in collections, but I feel like I am being ripped off. Has anyone had this situation as well?

    #12957 Reply

    John Petersen

    I am having the exact same problem. They refuse to work with me. I didn’t even let me account lapse, they had problems with their software. I gave them multiple credit cards and they said they all just come back declined. That’s nonsense. They now say I owe them money and are going to send me to collections for missed payments? That is their fault, not mine. Also, if I was unable to utilize the services I was supposed to be paying for, how do I owe them money for that? That’s insane.

    #13015 Reply

    Theresa Houck

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    #13035 Reply

    Sandra Lopez

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    #13049 Reply

    stephanie wiens

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    #13053 Reply

    JannikRow

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    #13056 Reply

    Karen Reynolds

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    #13798 Reply

    CarrollRourl

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