Haywood v. Massage Envy Franchising, LLC

Plaintiffs visited different Massage Envy locations and had massages that lasted about 50 minutes. The company advertises, on its website, an “Introductory 1‐hour Massage Session*” at the price of $50. Clicking through two links leads to a disclaimer explaining that a “[s]ession includes massage or facial and time for consultation and dressing.” Their putative class action complaint alleged that the multiple asterisks confused the average consumer and that Massage Envy deceptively hid the disclosures where they were “nearly impossible” to find. The Seventh Circuit affirmed the dismissal of their claims under the Illinois Consumer Fraud and Deceptive Business Practices Act and the Missouri Merchandising Practices Act. Massage Envy’s representations regarding the one‐hour massage session were not the but‐for cause of any alleged injury as required by the Illinois law. There is no allegation that plaintiff’s belief about the length of the massage caused her to make the appointment; only the receipt of a gift card caused her to book a massage. With respect to Missouri law, the complaint failed to allege that a deceptive representation from Massage Envy caused plaintiff to suffer an ascertainable loss of money. View "Haywood v. Massage Envy Franchising, LLC" on Justia Law