ST. LOUIS, May 28, 2020 /PRNewswire/ -- A proposed settlement has been reached in the class action lawsuit Mark Pirozzi and Keila Green, individually and on behalf of all others similarly situated, v. Massage Envy Franchising, LLC, Case No. 4:19 CV 00807CDP. The lawsuit claims that Massage Envy's advertising was deceptive because it promised 10 more minutes of hands-on massage than were provided during a massage session and that Missouri consumers were harmed by not receiving this 10 minutes of hands-on massage. Massage Envy Franchising, LLC denies all allegations and that any advertising was deceptive.
If the settlement is approved and you are a Class Member, you may request a cash payment of up to $7 and, in addition, may object to the settlement with the option of appearing at the final approval hearing but must do so by July 27, 2020. Alternatively, you may choose to exclude yourself from the settlement but must do so by July 27, 2020. If you request a cash payment, do nothing, or object to the settlement, you will be bound by its terms and cannot later sue on your own behalf for any claims related to the claims or the factual predicates asserted in the lawsuit if it is approved. If you exclude yourself, you will not receive anything from the settlement, but will retain your right to sue and will not be bound by the settlement if it is approved. 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.
If you choose not to exclude yourself from the settlement, to receive a cash payment you must submit a claim at the website below or by requesting a claim form from the 800 number below. If you choose not to exclude yourself but would like to object to the settlement, you must submit a written objection that complies with the requirements set forth in the amended settlement agreement, which can be found at www.MissouriMassageSessions.com, and you will release claims against the Released Parties as set forth in the amended settlement agreement if the settlement is approved.
For more information about the lawsuit, the settlement, procedures to make a claim for a cash payment, and instructions to exclude yourself from the settlement or to file an objection, please visit www.MissouriMassageSessions.com or call 1-833-935-1344.
The Court will hold a Final Approval Hearing on November 13, 2020, at 9:30 a.m., to decide whether to approve the settlement. The hearing will be held in the United States District Court for the Eastern District of Missouri, before Judge Catherine Perry, Courtroom 14 South, 111 South 10th Street, St. Louis, Missouri 63102. 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 Class Representatives. If there are objections, the Court will consider them then. The motion seeking attorneys' fees and expenses and incentive awards will be posted at www.MissouriMassageSessions.com after it is filed. The date of the Final Approval Hearing may change, you should check www.MissouriMassageSessions.com or the Court's PACER site at https://ecf.cand.uscourts.gov to confirm that the date has not been changed. You may, but don't have to, attend the hearing. Cash payments will be issued to the Class Members timely submitting a valid claim only if the settlement is approved and after any objections are resolved.
PLEASE DO NOT CONTACT MASSAGE ENVY FRANCHISING LLC,
ANY MASSAGE ENVY SPA, OR THE COURT FOR INFORMATION.
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SOURCE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI