MIAMI (Legal Newsline) - 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.
U.S. District Court for the Southern District of Florida case no. 0:15-cv-60017