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 this Settlement because you had a right to know about the proposed class action Settlement and all your options before the Court decided whether to approve the Settlement. On November 13, 2020, the Court issued a Judgment and Order of Final Approval of Class Action Settlement. Under the terms of the Settlement, within thirty (30) days of the Effective Date, Cash Payments will be disbursed to Settlement Class Members who timely submitted a valid Claim in accordance with the instructions in the Amended Agreement and Class Notice. Cash Payments will be mailed no later than January 13, 2021.
The Notice and this website explain the lawsuit, the Settlement, your legal rights, the Settlement benefits, who is eligible for them, and what happens if you are a Class Member and did nothing.
This lawsuit was pending before the United States District Court for the Eastern District of Missouri and 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
The lawsuit asserted 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 asserted claims for (1) violation of the Missouri Merchandising Practices Act, RSMo. § 407.010, et seq.; (2) Declaratory Relief; and (3) Injunctive Relief.
MEF denied all allegations in the lawsuit, denied that any Massage Envy® advertising was deceptive, and claimed that as the franchisor it did not own or operate any of the Massage Envy® franchised locations that you visited.Back To Top
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 had 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. These individuals are called “Class Members.” The Court in charge of the lawsuit resolved the issues for all Class Members except those who excluded themselves from the Settlement. United States District Judge Catherine Perry was in charge of this lawsuit.Back To Top
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 avoided the cost and delay of further legal proceedings, and the Class Members, the people affected, will get the Settlement benefits. The Class Representatives and their attorneys believed the Settlement was fair to and in the best interests of all Class Members.Back To Top
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
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: The deadline to file a Claim has expired.Back To Top
The Settlement provides the following relief.
Cash Payment: Class Members who submitted a Valid Claim will receive a Cash Payment of $7, as described in FAQ 8. This Cash Payment will be mailed no later than January 13, 2021.Back To Top
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 you submitted a Valid Claim, you are entitled to receive a cash payment of seven dollars ($7).
Pursuant to the Settlement, MEF 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) the Class Representatives’ incentive awards in the amounts of $6,500 to Mark Pirozzi and $3,500 to Keila Green, the Class Representatives, which amounts the Court approved; (3) attorneys’ fees and expenses to Class Counsel in the amount of $400,000, which the Court approved; and (4) reasonable Settlement administrative costs, estimated to be $100,000. Any amount remaining in the Settlement Fund after paying these amounts will be returned to MEF in accordance with the terms of the Settlement.
If you are a Class Member and timely submitted a Valid Claim, you will receive a cash payment of $7.
If you are a Class Member and did not submit a Valid Claim, you will not receive any cash payment from the Settlement but are bound by the Settlement, unless you excluded yourself from the Settlement by July 27, 2020.Back To Top
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
The Honorable Catherine Perry held the Final Approval Hearing on November 13, 2020, at 9:30 a.m. At that hearing, the judge approved the Settlement. See the Judgment and Order of Final Approval here.
Cash Payments will be mailed no later than January 13, 2021.
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.Back To Top
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. You 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 apply to you and legally bind you. You may view the Amended Settlement Agreement here for the full language of the legal claims you gave up if you are a Class Member and did not exclude yourself from the Settlement by July 27, 2020.Back To Top
If you are a Class Member and you did nothing, you are part of the Settlement Class and are 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, you will not receive any cash payment. To receive a cash payment, you must timely have submitted a Valid Claim. The time for submitting a Claim has passed.Back To Top
The deadline to exclude yourself from the Settlement expired on July 27, 2020.Back To Top
The deadline to object to this Settlement expired on July 27, 2020.Back To Top
The deadline to object to or exclude yourself from the Settlement expired on July 27, 2020.Back To Top
Judge Catherine Perry held the Final Approval Hearing on November 13, 2020, at 9:30 a.m.
At the Final Approval Hearing, Class Counsel answered the questions that Judge Perry had about the Settlement.
Judge Perry decided to finally approve the Settlement, awarded attorneys’ fees and costs to Class Counsel, and an incentive award to both Class Representatives.Back To Top
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. You can contact Class Counsel as follows:
Law Office of Richard S. Cornfeld, LLC
Richard S. Cornfeld
1010 Market Street
St. Louis, MO 63101
Cuneo Gilbert & Laduca, LLP
Michael J. Flannery
7733 Forsyth Boulevard
St. Louis, MO 63105
The Bruning Law Firm
Anthony S. Bruning
Anthony S. Bruning, Jr.
Ryan L. Bruning
Edward M. Roth
555 Washington Avenue
St. Louis, MO 63101
The Court approved payment to Class Counsel in the amount of $400,000 in attorneys’ fees and costs. The Court approved a payment of $10,000 in the aggregate to the Class Representatives for their assistance in prosecuting the lawsuit on the Class’s behalf. The attorneys’ fees and costs awarded to Class Counsel in the amount of $400,000 and the incentive awards to the Class Representatives in the total amount of $10,000 will be paid from the Settlement Fund as described in FAQ 8.Back To Top