NEW YORK (Legal Newsline) – A New York consumer alleges a massage clinic raised the cost of its monthly membership fee without the consent of the consumer.
David Lapa filed a complaint on behalf of himself and all others similarly situated on Aug. 15 in the U.S. District Court for the Southern District of New York against Massage Envy Franchising alleging violation of New York's Unfair and Deceptive Business Practices Law and other counts.
According to the complaint, the plaintiff alleges that on Oct. 12, 2011, he signed the standardized membership agreement with the defendant for a monthly fee of $59. The suit states the plaintiff’s contract with Massage Envy had an initial term of 12 months with automatic renewal that thereafter continued the contract month-to-month at a stated fee of $59 per month until his membership was canceled.
The plaintiff alleges the defendant increased the monthly membership fee to $70 in March without notifying him.
The plaintiff holds Massage Envy Franchising responsible because the defendant allegedly falsely represented that its message services would cost a lower monthly rate than actually charged.
The plaintiff requests a trial by jury and seeks statutory, compensatory, and punitive damages; pre- and post-judgment interest; costs; expenses; and reasonable attorneys’ fees. He is represented by Ishan Dave, Abraham Z. Melamed and Derek T. Smith of Derek Smith Law Group PLLC in New York, New York and Chezky Menashe of Menashe and Associates LLP in Montebello, New York.
U.S. District Court for the Southern District of New York case number 1:18-cv-07403-JFK