SAN DIEGO (Legal Newsline) - Six customer are suing a massage chain, alleging it forfeits prepaid massages entitled to certain customers.
Michele Bandell, David Eiglarsh, Charlene Panos, Jeanette Rawls, Jennifer Walker and Alex Zennaro, individually and for all others similarly situated, filed a class action lawsuit May 23 in
U.S. District Court for the Southern District of California
against Massage Envy Franchising LLC, alleging unjust enrichment and breach of good faith and fair dealing.
According to the suit, Massage Envy operates on a prepaid membership fee model, in which members receive one massage per month for approximately $59 per month. If a massage cannot be scheduled during the month in question, the massage can roll over and be redeemed later, the lawsuit states.
However, the suit alleges, Massage Envy inserted unconscionable provisions in its adhesion contract that require customers to purchase additional monthly massages as a precondition to redeeming already purchased massages. Additionally, the complaint says, if members terminate their membership or their account is in arrears, Massage Envy does not allow them to redeem any accrued but unused and already paid for massages.
The plaintiffs and others in the class seek a jury trial, equitable and declaratory relief, injunction, restitution, reinstatement of forfeited massages, interests, attorney fees, and other costs of the suit. They are represented by attorneys Joshua H. Eggnatz, Michael J. Pascucci and Benjamin M. Lopatin of Eggnatz Lopatin & Pascucci in Davie, Florida, and San Francisco.
U.S. District Court for the Southern District of California Case number 3:16-CV-01236-DMS-BGS