SAN DIEGO (Legal Newsline) - A California woman is suing a massage franchise, alleging it breaches its own membership agreement.
Donna Zizian, individually and for all others similarly situated, filed a class action lawsuit April 1 in U.S. District Court for the Southern District of California against Massage Envy Franchising, alleging breach of contract, breach of good faith and fair dealing, and violation of the California Business & Professions Code.
Massage Envy members pay a monthly fee of approximately $60 to receive one 50-minute massage per month, according to the suit. All prepaid massages will roll over if the member is unable to use the massage that month, and a provision of Massage Envy's membership agreement states, "If you have paid in full for your membership services, you will be refunded the unused portion of your membership dues for any actual services you have not yet received."
However, the suit alleges, Massage Envy inserted provisions that require members to continue purchasing additional monthly massages as a precondition to redeeming previously purchase but unused massages. Additionally, if a member cancels or ceases payment for monthly purchases of additional massages, all unused prepaid massages that have not been redeemed are allegedly forfeited, the lawsuit states.
Zizian and others in the class seek a jury trial, declaratory and injunctive relief, monetary damages, interests, attorney fees and costs of the suit. They are represented by attorneys Brett M. Weaver and Frank J. Johnson of Johnson & Weaver in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-CV-00783-WQH-JLB