IMPORTANT – PLEASE NOTE THE FOLLOWING CHANGES

The Final Approval Hearing previously scheduled for November 1, 2019 has been continued to February 28, 2020 at 9:00 a.m. at the United States District Court for the Northern District of California, San Francisco Courthouse, Courtroom 7 – 19th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102.

Due to a technical error, a number of Class Members may not have received Notice of the Settlement prior to September 20, 2019. These Class Members have been provided a supplemental Notice of the Settlement and their deadline to submit a voucher request, a request for exclusion, or object to the Settlement is December 17, 2019. For more information, please click here.

If you have any questions regarding these changes, please contact the Settlement Administrator at info@massagefeesettlement.com or 1-855-424-0466.

Frequently Asked Questions

  1. Why did I get notice of the Settlement?

    You received Notice of this Settlement because you were (or are) a member of a Massage Envy Spa in the United States between November 4, 2006, and June 7, 2019, and records indicate that your monthly membership fees may have increased during that time.

    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 appeals are resolved, Settlement benefits will be provided. 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, and how to exclude yourself from the Settlement and what happens if you do nothing and are a Class Member.

    The Court in charge of the lawsuit is the United States District Court for the Northern District of California, and the lawsuit is known as Baerbel McKinney-Drobnis, et al., v. Massage Envy Franchising, LLC, Case No. 3:16-cv-06450-MMC. The individuals who sued are called Plaintiffs and Class Representatives and the company they sued, 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 asserted that members of Massage Envy Spas signed membership agreements that prohibited increases in their monthly membership fees and that Class Members were harmed when their monthly membership fees were nonetheless increased.

    The lawsuit asserts claims for:

    1. Breach of Contract and the Covenant of Good Faith and Fair Dealing;
    2. Intentional Interference with Contractual Relations;
    3. Violation of the California Consumer Legal Remedies Act;
    4. Violation of Cal. Business & Professions Code § 17200 for “Unlawful” Business Acts and Practices;
    5. Violation of Cal. Business & Professions Code § 17200 for “Unfair” Business Acts and Practices;
    6. Violation of Cal. Business & Professions Code § 17200 for “Fraudulent” Business Acts and Practices; and
    7. Declaratory Relief.

    MEF denies all allegations in the lawsuit or that it did anything wrong and asserts that it is the franchisor and does not own or operate any of the Massage Envy Spa(s) 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, Baerbel McKinney-Drobnis, Joseph B. Piccola, and Camille Berlese) sued on behalf of themselves and other people who have a similar claim and are located in the United States, who are called “Class Members.” The Court resolves the issues for all Class Members except those who exclude themselves from the settlement.

    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 benefits of the Settlement. The Class Representatives and their attorneys believe the Settlement is best for all Class Members.

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

    To see if you are affected by the Settlement or have a right to receive the Settlement benefits, you must determine whether you are a Class Member.

    You are a Class Member if you were a member of a Massage Envy Spa at any time between November 4, 2006 and June 7, 2019, and your monthly membership fees were increased during that time.

    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@massagefeesettlement.com or call 1-855-424-0466 for more information from the Settlement Administrator or review the Settlement Documents on this website, available here.

    Back To Top
  7. What does the Settlement provide?

    The Settlement provides several forms of relief.

    Vouchers: If the Court approves the Settlement and after any appeals are resolved, Class Members who submit valid voucher requests by September 20, 2019 will be emailed vouchers that may be redeemed at any Massage Envy Spa for retail products sold therein, massage sessions, enhancements, and/or facial sessions, as described below in FAQ 8.

    Injunctive Relief: Beginning June 7, 2019, if you were a member of a Massage Envy Spa on that date and do not exclude yourself from the Settlement as described below in FAQ 13, you will be bound by a new membership agreement available here. This new membership agreement states, in part, that in the future Massage Envy Spas may increase a member’s stated monthly membership fee only after the initial membership term and upon providing at least forty-five (45) days’ advance written notice to the member’s email address on record with the member’s Massage Envy Spa and that such notice shall be effective on the date his/her notice is sent. Forty-five (45) days’ advance written notice will allow you reasonable opportunity to cancel your membership before incurring a noticed price increase. MEF will keep this Injunctive Relief in force as a system standard for at least two (2) years after the Settlement becomes effective.

    Back To Top
  8. Voucher Settlement Benefit

    The face value of the voucher for which you are eligible depends on the total amount of fee increases that you paid while a member of a Massage Envy Spa between November 4, 2006 and June 7, 2019. If you are a Class Member and submit a voucher request by September 20, 2019, you are eligible to receive a voucher in the amount corresponding to your total fee increases you paid as set forth in the table below:

    Settlement Voucher Values

    Total Fee Increases Paid By Class Member: Voucher Face Value:
    $75.00 or less$10.00
    $75.01 to $125.00$20.00
    $125.01 to $175.00$30.00
    $175.01 to $225.00$40.00
    $225.01 or more$50.00

    Under the Settlement terms, MEF has agreed to issue vouchers with an aggregate face value of at least $10 Million to Class Members who submit timely and valid voucher requests. If the total face value of vouchers requested by Class Members is less than $10 Million, the Class Members who submitted timely and valid voucher requests will receive a pro rata increase in the value of their issued voucher such that the total face value of issued vouchers equals $10 Million.

    The issued vouchers may be redeemed only at any Massage Envy Spa for the retail products, massage sessions, enhancements, and/or facial sessions you choose. Issued vouchers may not be redeemed for cash, may not be used to pay monthly Massage Envy Spa membership fees, and may not be used to pay tips to Massage Envy Spa employees. Issued vouchers are fully transferable and may be aggregated (that is, you may redeem more than one voucher at a time).

    Issued vouchers will expire if not used or redeemed within sixteen (16) months of the date on which they are distributed to class members. The expiration date will be conspicuously stated in the emails you receive issuing the vouchers and will additionally be posted on this website.

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

    If you are a Class Member, to receive a voucher, you must submit the voucher request by September 20, 2019.

    To submit a voucher request online, you must provide your Unique ID Number and Password found on the Notice you received by email or mail. Once you have your Unique ID and Password, click here to get started.

    If you do not have your Unique ID Number, you can email info@massagefeesettlement.com or call 1-855-424-0466 to obtain it. For a voucher request to be valid, you must also attest that you are a Class Member (i.e., your monthly membership fees increased over the amount specified in your membership agreement) and did not receive any discretionary accommodations when your monthly membership fees were increased (i.e., free services, delayed fee increases) from the Massage Envy Spa where you signed your membership agreement (or where you later transferred your membership).

    If you would like a copy of a voucher request form to mail or email to the Settlement Administrator, you can send an email to info@massagefeesettlement.com or call 1-855-424-0466 to obtain it.

    VOUCHER REQUESTS MUST BE SUBMITTED ON THIS WEBSITE OR VIA EMAIL NO LATER THAN SEPTEMBER 20, 2019 OR, IF SUBMITTED BY MAIL TO THE SETTLEMENT ADMINISTRATOR, POSTMARKED NO LATER THAN SEPTEMBER 20, 2019.

    If you have any unanswered questions or require assistance in submitting a voucher request, you can contact the Settlement Administrator at info@massagefeesettlement.com or call 1-855-424-0466, or contact Class Counsel at 1-619-238-1333 (Class Counsel is further explained below in FAQ 18).

    PLEASE DO NOT CALL THE COURT, DEFENDANT, MEF’s COUNSEL, OR ANY MASSAGE ENVY FRANCHISE.

    Back To Top
  10. When would I receive my voucher Settlement benefit?‎

    The Court will hold a Final Approval Hearing on February 28, 2020, 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 www.cand.uscourts.gov/cm-ecf to confirm that the date has not been changed.

    If the Court approves the Settlement and there are no appeals, approximately sixty (60) days after the Court’s approval of the Settlement, vouchers will be emailed to Class Members who submitted timely and valid voucher requests. 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 (described below in FAQ 18). It is always uncertain how these 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, the date vouchers will be issued, and the date issued vouchers will expire. Please be patient.

    PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE 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 exclude yourself from the Settlement, you will agree to release the claims described in the Settlement Agreement. You will remain a member of the Class, which means that you cannot sue, continue to sue, or be part of any other lawsuit against MEF or any Massage Envy Franchise about the factual and legal issues of this lawsuit (i.e., the Released Claims described in the Settlement Agreement). It also means that the Court’s orders will apply to you and legally bind you, and that you will be bound by the new membership agreement as described above. You may view the Settlement Agreement here for the full language of the legal claims you will give up if you do not exclude yourself from the Settlement.

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

    If you are a Class Member and do nothing and the Court finally approves the Settlement, you will be part of the Settlement and be bound by the release of claims in this Settlement as described above. If you were a member of a Massage Envy Spa as of June 7, 2019 and do nothing, you also will be bound by the terms of the new membership agreement as described here. If you are a Class Member and do not timely submit a voucher request as explained above in FAQ 9, you will not receive any voucher. To receive a voucher, you must timely submit a valid voucher request as explained above in FAQ 9.

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

    If you are a Class Member and do not want to receive any of the benefits of the Settlement, but you want to keep the right to sue or continue to sue MEF individually on your own behalf about the legal issues of this lawsuit or do not want to be bound by the terms of the new membership agreement if you were a member of a Massage Envy Spa on June 7, 2019, then you must take steps to get out of the Settlement and the lawsuit. This is called excluding yourself from the Settlement (also referred to as “opting out”).

    To exclude yourself from the Settlement, you must send a written statement, either by First Class U.S. mail or email, to the Settlement Administrator saying that you want to be excluded from the lawsuit entitled Baerbel McKinney-Drobnis, et al., v. Massage Envy Franchising, LLC, Case No. 3:16-cv-06450-MMC. Be sure to include your name, address, telephone number, and if you received a Notice, your Unique ID Code.

    To be valid, your request for exclusion must be emailed or postmarked (if by mail) by September 20, 2019:

    McKinney-Drobnis v. Massage Envy
    Settlement Administrator
    Attn: Massage Envy Class Action Exclusions
    P.O. Box 6389
    Portland, OR 97228-6389
    info@massagefeesettlement.com

    If you are a Class Member and ask to be excluded, you will not receive a voucher and cannot object to the Settlement. If you ask to be and are excluded from the Settlement, you will not be bound by the new membership agreement described here and will not be bound by anything else that happens in this lawsuit, even if the Court finally approves the Settlement.

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

    If you are a Class Member and have not excluded yourself from the Settlement, you can object to the Settlement or the Settlement Agreement if you do not like all or any part of it. This is called objecting to the Settlement.

    You can give reasons why you do not think the Court should approve the Settlement. You can also object to the request by Class Counsel for attorneys’ fees and costs or any request by the Class Representatives for an incentive award. You can provide reasons for the objection and why you think the Court should not approve the Settlement, any request for an award of attorneys’ fees and costs to Class Counsel, and/or any request for an incentive award to the Class Representatives. The Court will consider your reasoning.

    To object, you must state in writing that you object to the Settlement of the lawsuit, that you object to any request for an award of attorneys’ fees and costs to Class Counsel, and/or that you object to any request for an incentive award to the Class Representatives. Please note that it is not sufficient to simply state that you object. Rather, in your written objection, you must include (i) your full name, current address, and, if different, the address used when your membership commenced; (ii) a statement of the position(s) and objection(s) asserted, including the factual and legal basis for each position and objection asserted; and (iii) copies of any documents supporting the position(s) and objection(s) you assert. Your objection must also state whether it applies only to you, to a specific subset of the class, or to the entire class.

    To be valid, your written objection also must provide a list of any other objections that you made to any class action settlement in any court in the five (5) years prior to June 7, 2019. If you have not objected to any other class action settlement prior to June 7, 2019, you must affirmatively so state in your written objection.

    To be considered, any written statement of objection must be emailed or postmarked by September 20, 2019 to the Settlement Administrator at:

    McKinney-Drobnis v. Massage Envy
    Settlement Administrator
    Attn: Massage Envy Class Action Objections
    P.O. Box 6389
    Portland, OR 97228-6389
    info@massagefeesettlement.com

    If you fail to properly submit a written objection prior to September 20, 2019, along with the required information and documentation set forth above, your objection will not be heard during the Final Approval Hearing and your objection(s) will be waived and the Court will not consider them when determining whether to approve the Settlement.

    If you submit a written objection in accordance with these procedures, but the Court approves the Settlement, you will be entitled to all of the Settlement benefits, shall be bound by all terms of the Settlement, and shall be bound by the terms of the new membership agreement described here if you were a member of a Massage Envy Spa on June 7, 2019. However, if you are a Class Member, you must still submit a timely and valid voucher request (as described above in FAQ 9) to receive a voucher.

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

    Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class and do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Class, do not want to receive a voucher under the Settlement Agreement, and do not want to be bound by the new membership agreement or release described above. If you exclude yourself, you have no basis to object to the Settlement, any request by Class Counsel for attorneys’ fees and costs, or any request for an incentive award by any Class Representative because this lawsuit no longer affects you.

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

    The Court will hold a Final Approval Hearing on February 28, 2020 at 9:00 a.m. at the United States District Court for the Northern District of California, San Francisco Courthouse, Courtroom 7 – 19th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102, to decide whether the Settlement is fair, reasonable, and adequate and whether the Settlement (and Settlement Agreement) may be finally approved. At the Final Approval Hearing, the Court will also decide whether to award any attorneys’ fees and costs to Class Counsel and whether to award an incentive payment to any of the participating Class Representatives. If there are objections, the Court will then consider them. The Court will listen to people who have asked to speak at the hearing, and if the Settlement is approved, the Court will decide whether and how much to award Class Counsel in attorneys’ fees and costs and will decide whether and how much to award the Class Representatives as an incentive payment, if at all. If you are a Class Member and have not excluded yourself from the Settlement, you may attend and ask to speak at the Final Approval Hearing, but you do not have to.

    At the Final Approval Hearing, Class Counsel will answer any questions that the Court may have about the Settlement. But you are welcome to attend at your own expense. If you submit an objection, you do not have to attend the Final Approval Hearing to talk about your objection. As long as you submitted your written objection on time and as explained above, the Court 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, the Court will decide whether to approve the Settlement, whether and how much to award Class Counsel for attorneys’ fees and costs, and whether and how much to award any of the Class Representatives as an incentive payment. We do not know 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 on or before January 31, 2020. You must include copies of any papers, exhibits, or other evidence that you or your lawyer intend to present to the Court at the Final Approval Hearing. Your Notice of Intention to Appear must be filed with Court and be served to all counsel as follows:

    Court Class Counsel Massage Envy Franchising, LLC Counsel
    Clerk of the Court
    United States District Court for the
    Northern District of California
    San Francisco Courthouse
    19th Floor
    450 Golden Gate Avenue
    San Francisco, CA 94102
    Jeffrey Krinsk
    Trenton Kashima
    FINKELSTEIN & KRINSK LLP
    550 W. C Street
    Suite 1760
    San Diego, CA 92101
    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 on or before January 31, 2020, along with copies of any papers, exhibits, or other evidence that you or your counsel intend to present to the Court 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 the Court in determining whether to approve the Settlement, whether and how much to award Class Counsel for attorneys’ fees and costs, and whether and how much to award any of the Class Representatives as an incentive payment.

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

    The Class Representatives and the Class are represented by Jeffrey R. Krinsk and Trenton Kashima of Finkelstein & Krinsk LLP. 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:

    Jeffrey R. Krinsk
    Trenton Kashima
    FINKELSTEIN & KRINSK LLP
    550 W. C Street
    Suite 1760
    San Diego, CA 92101
     jrk@classactionlaw.com
     trk@classactionlaw.com
     1-619-238-1333
     1-619-238-5425

    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 $3.3 Million in attorneys’ fees and costs, and MEF has agreed not to object to Class Counsel’s request provided the request does not exceed $3.3 Million in total for attorneys’ fees and costs. The Class Representatives will ask the Court to approve a payment of a maximum of $10,000 to each of them and no more than $30,000 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 for each of the three (3) Class Representatives or $30,000 in the aggregate. The Court may award less than these amounts. MEF will pay any attorneys’ fees and costs that the Court awards to Class Counsel up to a total of $3.3 Million. MEF also will separately pay any incentive awards to the Class Representatives up to $10,000 to each of them and no more than $30,000 in the aggregate. And MEF will separately pay the reasonable costs to administer the Settlement. MEF’s payments of these amounts will not diminish the Settlement benefits provided to the Class Members under the Settlement as described in the Settlement Agreement, available here.

    No later than August 16, 2019, Class Counsel will file with the Court, and post on this website here, their Motion for Attorneys’ Fees, Costs, and Incentive Awards.

    Back To Top