Frequently Asked Questions

  1. Why did I get notice of the Settlement?

    You received notice of this Settlement because records indicate that you may have purchased a massage session at a Massage Envy® franchised location in Missouri at some time between January 31, 2012, and April 13, 2020 and were not a member of a Massage Envy® franchised location, pursuant to a membership agreement, at the time of your purchase.

    You were provided with the Notice of the Settlement because you have a right to know about the proposed class action Settlement and all your options before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after any objections and/or appeals are resolved, cash payments will be distributed to those entitled to receive such payments pursuant to the Settlement and as described in FAQ 7. You will be informed of the Settlement’s progress on this website.

    The Notice and this website explain the lawsuit, the Settlement, your legal rights, what Settlement benefits are available, who is eligible for them, how to get them, how to object to the Settlement, how to exclude yourself from the Settlement, and what happens if you are a Class Member and do nothing.

    The Court in charge of the lawsuit is the United States District Court for the Eastern District of Missouri, and the lawsuit is known as Mark Pirozzi and Keila Green, individually and behalf of all others similarly situated, v. Massage Envy Franchising, LLC, Case No. 4:19 CV 00807CDP. The individuals who sued are called Plaintiffs and Class Representatives and the company they sued, Massage Envy Franchising, LLC (“MEF”), is called the Defendant.

    To view a copy of the Notice, click here.

    Back To Top
  2. What is this lawsuit about?‎

    The lawsuit asserts that Massage Envy®’s advertising was deceptive because it promised 10 more minutes of hands-on massage than were actually provided during a massage session and that Missouri consumers were harmed by not receiving those additional 10 minutes of hands-on massage. The lawsuit asserts claims for (1) violation of the Missouri Merchandising Practices Act, RSMo. § 407.010, et seq.; (2) Declaratory Relief; and (3) Injunctive Relief.

    MEF denies all allegations in the lawsuit and that any Massage Envy® advertising was deceptive and claims that it is the franchisor and does not own or operate any of the Massage Envy® franchised locations that you visited.

    Back To Top
  3. What is a class action and who is involved?‎

    In a class action lawsuit, the “Class Representatives” (in this case, Mark Pirozzi and Keila Green) sue on behalf of themselves and other people who have a similar claim. In this case, the Class Representatives sued on behalf of themselves and other similarly situated individuals who purchased a massage session from a Massage Envy® franchised location in the state of Missouri and were not members of a Massage Envy® franchised location, pursuant to a membership agreement, at the time of purchase, who are called “Class Members.” The Court in charge of the lawsuit resolves the issues for all Class Members except those who exclude themselves from the Settlement. United States District Judge Catherine Perry is in charge of this lawsuit.

    Back To Top
  4. Why is there a settlement?‎

    The Court did not decide that the Class Representatives were entitled to any recovery from MEF. Instead, both sides agreed to a settlement. That way, they avoid the costs and delay of further legal proceedings and Class Members, the people affected, will get the Settlement benefits. The Class Representatives and their attorneys believe the Settlement is fair to and in the best interests all Class Members.

    Back To Top
  5. How do I know if I am part of the Settlement?

    You are a Class Member if you purchased a massage session at a Massage Envy® franchised location in Missouri at any time between January 31, 2012, and April 13, 2020 and were NOT a member of a Massage Envy® franchised location, pursuant to a membership agreement, at the time of your purchase.

    Back To Top
  6. I’m still not sure if I am included.

    If you are still not sure whether you are a Class Member, you can ask for free help. You can email info@MissouriMassageSessions.com or call 1-833-935-1344 for more information from the Settlement Administrator or review the Settlement documents on this website, available here. Please note: That the deadline to file a Claim has expired.

    Back To Top
  7. What does the Settlement provide?

    The Settlement provides the following relief.

    Cash Payment: If the Court approves the Settlement and after any objections and/or appeals are resolved, Class Members who submitted a Valid Claim by July 27, 2020, will receive a cash payment up to $7, as described in FAQ 8.

    Back To Top
  8. Who is eligible for a Cash Payment Settlement Benefit?

    If you purchased a massage session at a Massage Envy® franchised location in Missouri at any time between January 31, 2012, and April 13, 2020, and were not a member of a Massage Envy® franchised location, pursuant to a membership agreement, at the time of your purchase, and submitted a Valid Claim by July 27, 2020, you will be entitled to receive a cash payment of up to seven dollars ($7) if the Court approves the Settlement.

    Pursuant to the Settlement, MEF has agreed to pay up to $1.6 million (the “Settlement Fund”) as a Settlement benefit. The Settlement Fund will be used to pay (1) cash payments to Class Members who timely submitted a Valid Claim; (2) any incentive award the Court approves to the Class Representatives up to $10,000 in the aggregate; (3) any attorneys’ fees and expense award the Court approves to Class Counsel up to $400,000 in the aggregate; and (4) reasonable Settlement administrative costs, estimated to be $100,000.

    If you are a Class Member and timely submitted a Valid Claim, you will receive a cash payment of up to $7. The amount of any cash payment could be affected by the following factors: (1) the number of Class Members who timely submitted a Valid Claim; (2) the amount of any incentive award the Court approves to be paid to either or both of the Class Representatives; (3) the amount of any attorneys’ fees and expense award the Court approves to be paid to Class Counsel; and (4) the amount of reasonable Settlement administration costs.

    If the monies remaining in the Net Settlement Fund (the amount remaining in the Settlement Fund after paying (1) any incentive award the Court approves to either or both of the Class Representatives up to $10,000 in the aggregate; (2) any attorneys’ fees and expense award the Court approves to Class Counsel up to $400,000 in the aggregate; and (3) reasonable Settlement administrative costs estimated to be $100,000) are insufficient to make a $7 cash payment to each Class Member who timely submitted a Valid Claim, then each Class Member who timely submitted a Valid Claim will receive a cash payment in the amount of his/her pro rata share of the Net Settlement Fund. For instance, if 180,000 Class Members timely submitted a Valid Claim, the Court approves a $400,000 attorneys’ fees and expense award, a $6,500 incentive award to Class Representative Pirozzi and a $3,500 incentive award to Class Representative Green, and reasonable Settlement administrative costs total $90,000, then the Net Settlement Fund shall be $1.1 million and each Class Member who timely submitted a Valid Claim shall receive a $6.11 cash payment, if the Court approves the Settlement.

    Any monies remaining in the Settlement Fund after paying (1) any incentive award the Court approves to be paid to either or both of the Class Representatives up to $10,000 in the aggregate; (2) any attorneys’ fees and expense award the Court approves to be paid to Class Counsel up to $400,000 in the aggregate; (3) reasonable Settlement administrative costs estimated to be $100,000; and (4) each Class Member who timely submitted a Valid Claim, shall revert to MEF in accordance with the terms of the Settlement.

    If you are a Class Member and did not submit a Valid Claim by July 27, 2020, you will not receive any cash payment from the Settlement but will be bound by the Settlement if it is approved by the Court, unless you excluded yourself from the Settlement by July 27, 2020.

    Back To Top
  9. How can I request a Cash Payment Settlement Benefit?

    The deadline to submit a Claim has passed.

    If you have any unanswered questions, you can contact the Settlement Administrator at 1-833-935-1344, or Class Counsel at 1-314-241-5799 (Class Counsel is further explained in FAQ 17).

    PLEASE DO NOT CALL THE COURT, DEFENDANT, DEFENDANT’S COUNSEL, OR ANY MASSAGE ENVY® FRANCHISED LOCATION.

    Back To Top
  10. When would I receive my Cash Payment Settlement Benefit?‎

    The Honorable Catherine Perry will hold a Final Approval Hearing on November 13, 2020 at 9:30 a.m., to decide whether to approve the Settlement. The date of the Final Approval Hearing may change without further notice. You should check this website or the Court’s PACER site at https://pcl.uscourts.gov/pcl/index.jsf to confirm that the date has not been changed.

    If Judge Perry approves the Settlement and there are no appeals, approximately sixty (60) days after the Judge’s approval of the Settlement, cash payments will be distributed to Class Members who timely submitted a Valid Claim. However, it is possible there may be appeals related to the final approval of the Settlement, attorneys’ fees or costs awarded, or an incentive award provided to the Class Representatives. It is always uncertain whether and how any such appeals will be resolved and resolving them may take time, perhaps more than a year. This website will be updated to provide current Settlement information, including if final approval is entered and the date thereof and the date cash payments will be distributed. Please be patient.

    PLEASE DO NOT TELEPHONE THE COURT, THE COURT CLERK’S OFFICE, DEFENDANT, DEFENDANT’S COUNSEL, OR ANY MASSAGE ENVY® FRANCHISED LOCATION TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

    Back To Top
  11. Am I giving up any legal rights by staying in the Class?

    Yes. Unless you excluded yourself from the Settlement by July 27, 2020, you have agreed to release the claims described in the Amended Settlement Agreement if the Court approves the Settlement. You will remain a member of the Settlement Class, which means that you cannot sue, continue to sue, or be part of any other lawsuit against MEF, any Massage Envy® franchised location in Missouri, or any of the other Released Parties (described in the Amended Settlement Agreement) about the factual and legal issues in this lawsuit (i.e., the Released Claims described in the Amended Settlement Agreement). It also means that the Court’s orders will apply to you and legally bind you. You may view the Amended Settlement Agreement here for the full language of the legal claims you will give up if you are a Class Member and did not exclude yourself from the Settlement by July 27, 2020.

    Back To Top
  12. What happens if I do nothing?‎

    If you are a Class Member and you did nothing, and the Court approves the Settlement, you will be part of the Settlement Class and will be bound by the release of claims in this Settlement as described above. If you are a Class Member and you did not submit a timely, valid Claim and the Court approves the Settlement, you will not receive any cash payment. To receive a cash payment, you must timely have submitted a Valid Claim.

    Back To Top
  13. How do I exclude myself from the Settlement?‎

    The deadline to exclude yourself from the Settlement expired on July 27, 2020.

    Back To Top
  14. How do I object to the Settlement?

    The deadline to object to this Settlement expired on July 27, 2020.

    If you failed to timely submit a written objection, along with the required information and documentation set forth above, your objection(s) will not be heard during the Final Approval Hearing and your objection(s) will be waived and the Court will not consider it (them) when determining whether to finally approve the Settlement.

    If you submitted a written objection in accordance with these procedures, you will be entitled to receive a cash payment if you timely submitted a Valid Claim and you will be bound by the Settlement (if finally approved by the Court).

    You cannot submit a written objection if you excluded yourself from the Settlement. If you submitted a written objection but also excluded yourself from the Settlement, you will be excluded from the Settlement and your objection waived.

    Back To Top
  15. What’s the difference between objecting and excluding?

    The deadline to object to or exclude yourself from the Settlement expired on July 27, 2020.

    Back To Top
  16. May I speak at the Final Approval Hearing?

    Judge Catherine Perry will hold a Final Approval Hearing on November 13, 2020, at 9:30 a.m. at the United States District Court for the Eastern District of Missouri, Courtroom 14 South, 111 South 10th Street, St. Louis, Missouri 63102, to decide whether the Settlement is fair, reasonable, and adequate and whether the Settlement (and Amended Settlement Agreement) may be finally approved. At the Final Approval Hearing, Judge Perry will also decide whether to approve an attorneys’ fee and cost award to Class Counsel and whether to approve an incentive award to either or both of the Class Representatives. If there are objections, the Court will consider them. Judge Perry will listen to people who have asked to speak at the Final Approval Hearing and, if the Settlement is approved, Judge Perry will decide whether and how much to approve as an attorneys’ fees and cost award to Class Counsel and will decide whether and how much to approve as an incentive award to either or both of the Class Representatives. If you are a Class Member and have not timely excluded yourself from the Settlement, you may attend and ask to speak at the Final Approval Hearing, but you do not have to do so.

    At the Final Approval Hearing, Class Counsel will answer any questions that Judge Perry may have about the Settlement. If you submitted an objection, you do not have to attend the Final Approval Hearing to talk about your objection. But you are welcome to attend at your own expense. If you submitted your written objection on time and as explained above, Judge Perry will consider it. You may also pay for your own lawyer to attend the Final Approval Hearing, but it is not necessary.

    At or after the Final Approval Hearing, Judge Perry will decide whether to finally approve the Settlement, whether and how much to approve as an attorneys’ fees and cost award to Class Counsel, and whether and how much to approve as an incentive award to either or both Class Representatives. It is unknown how long these decisions will take.

    If you intend to speak at the Final Approval Hearing, you must file with the Court a Notice of Intention to Appear before October 30, 2020. You must include copies of any papers, exhibits, or other evidence that you or your lawyer intend to present to Judge Perry at the Final Approval Hearing. Your Notice of Intention to Appear must be served on all counsel as follows:

    Class Counsel Massage Envy Franchising, LLC Counsel
    Daniel Levy
    Law Office of Richard S. Cornfeld, LLC
    1010 Market Street
    Suite 1645
    St. Louis, MO 63101
    Luanne Sacks
    Sacks, Ricketts & Case LLP
    177 Post Street
    Suite 650
    San Francisco, CA 94108

    If you fail to submit a proper Notice of Intention to Appear before October 30, 2020, along with copies of any papers, exhibits, or other evidence that you or your counsel intend to present to Judge Perry at the Final Approval Hearing, you will not be heard during the Final Approval Hearing, but any timely objection you submitted will be considered by Judge Perry in determining whether to approve the Settlement, whether and how much to approve as an attorneys’ fees and cost award to Class Counsel, and whether and how much to approve as an incentive award to either or both Class Representatives.

    Back To Top
  17. Do I have a lawyer in the lawsuit?‎

    The Class Representatives and the Class are represented by the following law firms and attorneys: (1) Richard S. Cornfeld and Daniel S. Levy of Law Office of Richard S. Cornfeld, LLC, (2) Michael J. Flannery of Cuneo Gilbert & Laduca, LLP, and (3) Anthony S. Bruning, Anthony S. Bruning, Jr., Ryan L. Bruning, and Edward M. Roth of The Bruning Law Firm. You will not be charged for their work on the lawsuit. ‎If you want to be represented by your own lawyer, you may hire one at your own expense. You can contact Class Counsel as follows:

    Law Office of Richard S. Cornfeld, LLC
    Richard S. Cornfeld
    Daniel Levy
    1010 Market Street
    Suite 1645
    St. Louis, MO 63101
    phoneIcon 1-314-241-5799
    Cuneo Gilbert & Laduca, LLP
    Michael J. Flannery
    7733 Forsyth Boulevard
    Suite 1675
    St. Louis, MO 63105
    phoneIcon 1-314-226-1015
    The Bruning Law Firm
    Anthony S. Bruning
    Anthony S. Bruning, Jr.
    Ryan L. Bruning
    Edward M. Roth
    555 Washington Avenue
    Suite 600
    St. Louis, MO 63101
    phoneIcon 1-314-735-8100
    Back To Top
  18. How will the lawyers be paid?‎

    Class Counsel will ask the Court to approve payment to them of a maximum of $400,000 in attorneys’ fees and costs, and MEF has agreed not to object to Class Counsel’s request provided the request does not exceed $400,000 in total for attorneys’ fees and costs. The Class Representatives will ask the Court to approve a payment of a maximum of $10,000 in the aggregate for their respective assistance in prosecuting the lawsuit on the Class’s behalf, and MEF has agreed not to object to this request provided it does not exceed $10,000 in the aggregate. The Court may award more or less than these amounts. Any attorneys’ fees and costs that the Court awards to Class Counsel up to a total of $400,000 and any incentive award to either or both Class Representatives up to a total of $10,000 will be paid from the Settlement Fund as described in FAQ 8. If the Court approves an attorneys’ fees and cost award to Class Counsel that exceeds $400,000 in the aggregate, Class Counsel has agreed to accept $400,000 in complete satisfaction of any attorneys’ fees and costs award that the Court may approve. If the Court approves incentive awards to either or both Class Representatives that exceed $10,000 in the aggregate, the Class Representatives have agreed to accept a total of $10,000 in complete satisfaction of any incentive awards that the Court may approve.

    Back To Top