Massage Envy - My Client feels that there is a tipping scam going on at this location based on her experience. Wishes to inform Ownership. Pearland TX

Re: Client Concern about the Massage Envy location at 2682 Pearland Parkway, Suite 100, Pearland, Texas 77581

Greetings,

I have a client who has been a customer of Massage Envy on a plan for over a year. The plan was originated in the city of her former domicile; Lafayette, Louisiana.

My client lives in Central Pearland and she patronized the East Pearland, Texas Massage Envy location in order to finish up credits earned prior to her feeling that she would need to deal with the semi-aggressive pressure from Massage Envy of needing to renew the plan.

My client was billed $98 for a massage.

A credit and a half credit, which amounted to $75, was applied to this massage service.

On the POS system, the screen showed 3 different amounts of suggested tips for my client.

A $188 total amount was also on the screen

When my client saw that amount on the screen she asked the Massage Envy employee why $188 was on the screen when she was also being asked to tip in 3 different choices?

She was then told that she was being charged "the market rate" for what a person would be charged in the industry, but because she was a member her massage would be $98.

Apparently, this "application of market rate" is/was an assumption of one individual, standing there trying to charge my client more than twice what it would normally cost, or it is a pattern and practice that has been going on for some unknown time. 

Again my client asked why she was being charged $188. She was then told by the same person, who now identified herself as the manager {an older woman with short hair and a lot of tattoos and who also wore  glasses} she stated to my client very stoicly "I don't make the rules here" at which time she also stated words to the effect of "you can always choose the other tip amounts."

My client chose another tip amount and left the establishment wondering how many other people are being unknowingly hustled out of their money.

When my client attempted to contact the ownership of this establishment to report her experience, which she found very odd, she was and has been thwarted at every step.

To this day my client has spoken about this matter to many people who are apparently serving as "gatekeepers" or "fixers" and she insists on speaking with or reporting to whomever she needs to speak or report to, including but not limited to the actual owner, who is a franchisee, or the agent of the owner (the person who reports directly to the owner); the person(s) who have the authority to make business decisions for this franchise, including but not limited to hiring and terminating employees, compliance with state and local laws and regulations, training, policies and procedures of the franchise and Massage Envy corporate, and lastly ACTUAL customer service. The word actual has been capitalized because this is a customer service matter that because of the way in which this franchise’s personnel has gone out of its way to seemingly “protect” the owner from knowing or learning about what my client feels is illegal activity under his nose.

My client feels that the owner of this franchise and location should know about matters that could result in him losing his business license, employees, and most importantly, paying customers such as her, and the many people whom this law office interacts with, including but not limited to judges, attorneys, and legal professionals across the country who, like I, practice or practiced consumer law in their respective states.

I am currently seeking out opinions from colleagues on any possible “work-around” to the foregoing. Workaround to actually filing litigation individually for my client, or determining if I need to bring a class action against Massage Envy corporate. I would first ask for your opinion or experience on the foregoing and suggested way of dealing with this potential liability issue. Please respond via email at my first and last name, the word law and ending with at gmail dot com 

Very truly yours,

THE LAW OFFICE OF KIRK A. CHARGOIS