Hahn v. Massage Envy Franchising LLC
Case No. 3:12-cv-00153-DMS-BGS
Overview of Class Action Settlement
On July 5, 2016, the Court issued an Order granting final approval of the Amended Settlement and entered a Final Judgment on July 18, 2016.
Pursuant to the terms of the Amended Settlement Agreement, the Settlement became effective on August 18, 2016. If you submitted a reinstatement request, your reinstated massages will be available beginning September 19, 2016 and must be used by you only at your Home Clinic on or before March 20, 2017.
If you were a Current Member in the Original Settlement, you are no longer a part of the Amended Settlement, but you may be a member in a proposed settlement in the related cases of Donna Zizian v. Massage Envy Franchising, LLC, Civ. No. 12-CV-00153-DMS-BGS and Michelle Bandell, et al. v. Massage Envy Franchising, LLC, Civ. No. 16-CV- 01236-DMS-BGS. You can learn more about that proposed settlement and the options available to members of that settlement here.
This website was established to inform you of the proposed amended settlement in the above class action lawsuit pending against Massage Envy Franchising, LLC (“MEF”). The lawsuit claims that the expiration of monthly 50-minute member massages that members did not use prior to membership cancellation, nonrenewal, or termination for nonpayment (“Unutilized Massages”) constitutes an unlawful business practice and breaches the membership agreement.
MEF denies that it did anything wrong, and the Court did not decide that the Class Representatives were entitled to any recovery from MEF. Instead, both sides agreed to an amended settlement. That way, they avoid the costs and delay of further legal proceedings and the people affected will get the benefits of the settlement. The lawsuit is currently pending in the U.S. District Court for the Southern District of California.
The proposed settlement provides former members of Massage Envy Spa franchised locations (“Massage Envy Franchises”) who timely submitted reinstatement requests with a 6 month reinstatement of cumulatively approximately 75% of any Unutilized Massages. The Court will exclude any member who timely requested exclusion.
Reinstatement of Former Members’ Unutilized Massages: During the 180-day period as described below, the Former Members who timely submitted a reinstatement request will have one or more Unutilized Massage reinstated based on the formula described here. The settlement does not provide for a refund of money paid for Unutilized Massages or any monetary relief. This website will be updated with more information about when reinstated massages may be redeemed when that information is available.
July 1, 2016
Hearing on (1) Renewed Motion to Certify the Settlement Class as to Former Members and Finally Approve Settlement as to Former Members; and (2) Amended Motion for an Award of Attorneys’ Fees, Expenses, and Service Award
June 29, 2015(postmarked)
Reinstatement Request Deadline
August 14, 2015
Final Approval Hearing
June 29, 2015(postmarked)
June 29, 2015(Postmarked)