Call Kurtis Investigates: Massage Envy Stripped Me Of My Massages

SACRAMENTO (CBS13) - To really work out his stress, Robert Oates likes to get a massage.

"It's more like a treat for me," he said.

Seven years ago, he joined Massage Envy's membership program.

For $59 a month, he would receive a credit for one massage.

If he didn't use it, the program rolled it over to the next month.

But after he lost his job in 2010, Robert stopped paying into the program. Still, he said he was able to use his credits for massages.

"I've probably used about 10 of them." He said.

He still has a lot left.

"Presently I have 35 credits that I've paid for over the years that I haven't used," Robert said.

But, he said Massage Envy won't let him use them.

"They said 'No, you don't have any credits available.'"

He said Massage Envy told him he can't access his 35 massages unless he pays to become a member again.

"Basically, buy another massage to use another massage," he said.

Attorney William Restis is representing as many as 130,000 Californians, like Robert, in a class action lawsuit filed against Massage Envy. He said massages shouldn't be forfeited when accounts are closed, claiming the company is using "unfair business practices".

"It's fundamentally unfair because people are pre-paying for massages that Massage Envy reserves the right to never perform." Restis said.

Plaintiffs in the case are asking Massage Envy to either reinstate the massages or compensate those who lost prepaid massages.

A spokesperson for massage envy told us "…the language in the membership agreements... is entirely consistent with California law...." and "…the court has expressed no opinion as to whether the Plaintiffs' allegations are correct."

As for Robert, Massage Envy said he "…signed a contract acknowledging he may have to forfeit massages."

Well, we took a closer look at his contract and saw that Robert never signed it.

Massage Envy admits "a mistake" was made and agreed to compensate him for those 35 massages, a total of $2,065!

And now, Robert can take his money and spend it anyway he wants.

"I can go anywhere to get a massage." He said.

CBS13 has learned of a possible settlement in the class action case. The attorneys for the class are not giving specifics, but said they are "very happy with it", although it may not be finalized until early next year. Massage Envy would not comment.

So, how do customers know if they're included in this case?

Everyone affected should have received a post card giving them the option to opt out.  If they didn't opt out, they are included.