1.   Meet and Greet   10.  If Massage Envy did not intend to mislead consumers about the actual length of  the massage, it would simply tell them the truth about it, clearly and conspicuously, beginning  with its offer of a one-hour massage session on the home page of its website and continuing  throughout its communications with consumers.  Massage Envy used to do that, with a clear  disclosure about the 50-minute length of a massage at the very top of its home page.  But no  longer.     11.  Now Massage Envy misrepresents the length of a “1-hour” massage and conceals  the fact that at least 10 minutes out of the hour are spent in other activities.  It does so repeatedly:  In its offers of an introductory 1-hour massage session; on what it calls a “Disclaimer” page; in a  video that it displays for new customers entitled, “My First Massage EVER: What You Should  Expect”; in a “Step-by-Step” guide to massages that it displays on its website; in a web page  entitled, “Customize your Massage Session”; in a page of “FAQs” on its website; on its web  pages for individual facilities, such as its O’Fallon, Illinois facility; on its electronic gift cards;  and on display materials in its massage facilities.     13.  By comparison, one of Massage Envy’s competitors, MassageLuxe, states clearly  on the front page of its own website that the actual massage in a one-hour massage session that it  offers lasts only 50 minutes.  Massage Envy undoubtedly is aware of what MassageLuxe states  on its website. But it does not emulate MassageLuxe’s responsible practice.   14.  The facts delineated below demonstrate the basis of the above allegations.  Massage Envy’s Offer of a 1-Hour Massage Session   15.  Massage Envy offers an “Introductory 1-Hour Massage Session.”  The following  screen shot shows that offer on its website’s home page:  http://www.massageenvy.com/ (accessed 9/27/2016).     17.  Clicking on the asterisk does not take the viewer to a footnote, in the fashion of,  for example, footnotes on Wikipedia.  Instead, if the consumer clicks on the asterisk, he or she is  taken to a different web page entirely:  http://www.massageenvy.com/membership.aspx  (accessed 9/24/2016).  That page is entitled, “Imagine more ME time” and describes  “Membership Benefits.”  This page has no explanation of what is meant by “Introductory 1-Hour  Massage Session.”  It is therefore misleading to link this page to the offer of an “Introductory 1- Hour Massage Session.”  Massage Envy’s “Disclaimer Page” and Its Links   18.  If, instead of clicking on the asterisk after the words “Introductory 1-Hour  Massage Session” on the Massage Envy home page, the consumer scrolls down past various  links and a menu chart, he or she will come across a footnote in small type that states:  “*View  pricing and promotional details.”  The following screenshot shows how that footnote appears on  the webpage:  http://www.massageenvy.com/ (accessed 9/27/2016).   2.  Starting Your Session   20.  As can be seen, in small type underneath the heading, “Session,” the Disclaimer  Page states:  “*Session includes massage or facial and time for consultation and dressing.”  That  page does not state whether the time for consultation and dressing is deducted from the one hour.   Nor does it indicate how long the actual massage will be or how much time is allotted for  consultation and dressing (and doesn't mention undressing or waiting time).       21.  As can also be seen from the above screenshot, the Disclaimer Page contains a  light gray box entitled, “New to Massage Envy?”  That box contains three links.     23.  The second link, “Your first visit,” takes the consumer to a page entitled “Your  First Massage Session.”  http://www.massageenvy.com/your-first-visit.aspx (accessed  9/27/2016).  That page contains both a video and text.  The video, titled, “My First Massage  EVER: What You Can Expect” lasts about three-and-a-half minutes, is interspersed with titles,  and never mentions that the consumer should expect that “My First Massage EVER” will last  only 50-minutes or less.  (This web page can also be accessed by clicking on “Your First Visit”  in a menu bar on Massage Envy’s home page, http://www.massageenvy.com/, as well as other  Massage Envy web pages.)  Plaintiff discusses this page further below.   24.  The third link in the “New to Massage Envy?” box is entitled, “Massage Envy”  and takes the consumer to a page entitled, “The New Day Spa.”  http://www.massageenvy.com/  massage-envy.aspx (accessed 9/27/2016).  That page contains the same video mentioned above,  entitled, “My First Massage EVER: What You Can Expect,” as well as the same blue box  described earlier with the offer of a “$50 Introductory 1-Hour Massage Session,” an asterisk  after the word “Session” and a footnote at the bottom of the page stating “*View pricing and  promotional details” with a link back to the Disclaimer Page.  Massage Envy’s Video:  “My First Massage EVER: What You Should Expect”    26.  As can be seen from the script, the video never mentions how long the massage  will last.  However, it deceptively indicates that the entire session is devoted to the massage, and  activities such as the interview, undressing and dressing are not part of the massage “session.”   The narrator states:  “You’ll be draped with the sheet during your entire massage session.”   Because the consumer is not draped with a sheet during the interview or while undressing or  dressing, those activities are not part of the massage session, at least according to this script.     28.  Among the preliminaries are filling out a Wellness Chart and then reviewing it  with the massage therapist, as shown in the following screenshots:   3.  During Your Massage   30.  Massage Envy’s web page entitled, “Your First Massage Session,” also contains a  four-part discussion entitled, “The Step-by-Step Guide.”  http://www.massageenvy.com/your- first-visit.aspx (accessed 9/24/2016).  This web page deceptively reinforces the message that the  session consists of the actual massage and that other activities, such as the pre-interview and  dressing, are extraneous to it.   31.  The Step-by-Step Guide has four parts, or “Steps”:   32.  By referring to this as a “Step-by-Step” Guide, Massage Envy tells its customers  that this is a chronological description of what to expect.   36.  Step 4.  Here is a screenshot of Step 4 of “The Step by Step Guide”:  http://www.massageenvy.com/your-first-visit.aspx (accessed 9/24/2016).  In Step 4 of “The  Step-by-Guide,” entitled, “Ensuring Your Wellness,” Massage Envy states:  “Once your massage  therapy session is complete, your therapist will leave the room so you may re-dress.”  Thus,  Massage Envy is deceptively telling consumers that the time spent getting dressed after the  massage (or “re-dressed” as Massage Envy states) is not part of the massage session because it  occurs after the “massage therapy session is complete.”     38.  If it was Massage Envy’s intent to tell consumers in Step 4 of “The Step-by- Guide” that five minutes for a “pre-interview” and five minutes to get dressed at the end were  part of the one-hour massage session, such disclosure would be unethical for several reasons:  (1)  by burying it near the end of a long web page and not repeating it elsewhere, Massage Envy  rendered it not likely to be noticed; (2) it was not likely to be noticed by consumers interested in  the length of a massage session or even what occurs in a massage session because it was placed  in a section with the title, “Ensuring Your Wellness,” rather than a title relating to the massage  session; (3) it was not placed in the sections entitled, “Starting Your Session” or “During Your  Massage,” where a consumer would be more likely to look for information on the length of a  massage; and, (4) it is a disclaimer contradicting the overall impression of Massage Envy’s offer  of a one-hour massage session, namely that it consists of the actual massage and not extraneous  activities such as the interview and getting dressed.   Massage Envy’s Web Page, “Customize your Massage Session”   4.  Ensuring Your Wellness    40.  The box for 1-hour on the Massage Envy web page, “Customize your Massage  Session,” http://www.massageenvy.com/massage.aspx (accessed 9/24/2016), does not state that  the hour includes anything other than a massage.  In fact, it indicates the opposite.  It states that  the session “[i]ncludes time for combination full body massage or focused relief of tension  areas” without indicating that it includes anything else, such as undressing, dressing,  “consultation” or waiting.   42.  Massage Envy’s website also has a page of FAQs that deceptively refers to a “1- hour massage,” not a “1-hour massage session” and does not state that it is actually less than an  hour.  In fact, it indicates the opposite.  In response to the question, “How long should a massage  last?” the page states, “Some people view a one-hour massage [not “massage session”] as  enough for relaxation and relief of mild stress or tension areas.”   http://www.massageenvy.com/faqs.aspx (accessed 9/27/2016).   43.  Here is a screenshot of that question and answer as it appears on Massage Envy’s  FAQ page:  http://www.massageenvy.com/faqs.aspx (accessed 9/27/2016).  Massage Envy’s Web Pages for Individual Facilities   45.  As can be seen from the above screenshot, a list of services on the right side of the  screen includes a “1-Hour Massage” (not massage session) for $50.    49.  As can be seen from the above screenshot, the least expensive E-Gift card is $75.   Massage Envy’s offer of this gift card states that it is “[t]ypically good for 1-hour introductory  massage, including gratuity.”  It refers to a “1-hour introductory massage,” not “1-hour massage  session,” and does not state that the 1-hour introductory massage is not a full hour, but rather no  longer than 50 minutes.   50.  The E-Gift Card page contains four asterisks.  Three are shown in the screenshot  above.  The fourth accompanies a footnote at the bottom of the page that, as is the case on other  Massage Envy web pages, states, “View pricing and promotional details” and has a link to the  Disclaimer Page.   51.  There is nothing about the first three asterisks on the E-Gift Card page that would  lead a consumer to that footnote.  They accompany the titles of boxes that the consumer must fill  out (Name of Recipient, Quantity, and Confirm Email) and suggest that these are simply items  that must be completed.  Massage Envy’s Display Materials   52.  Massage Envy reinforces the message that one-hour massages last one hour in  posters for retail products that it sells in its facilities.  Such products include muscle relief sets,  body gels, spa creams, triggerpoint pillows, and other products.    54.  Telling consumers that “this feeling should last longer than one hour” is telling  consumers that the massage lasts an hour because there is no reason to reproduce any feeling that  a consumer obtains when he or she receives a massage at Massage Envy other than the feeling  from the actual massage.  A consumer has no reason to desire the “feeling” from an interview,  waiting time, getting undressed, or getting dressed to last beyond the experience at Massage  Envy.  The One Statement on Its Website Where Massage Envy Reveals the Actual Length of a  One-Hour Massage is Virtually Impossible to Find   55.  On its entire website, Massage Envy states on only one page that a 1-hour  massage is actually only 50 minutes.  That is on an almost impossible-to-find web page, entitled,  “Types of Massage” (hereafter “Types of Massage” Page).  http://www.massageenvy.com/types- of-massage.aspx (accessed 9/24/2016).  On that page, Massage Envy states:  “A 1-hour massage  therapy session at Massage Envy clinics nationwide consists of the therapist consultation, 50  minutes of hands-on massage, and 5 minutes of dressing.”   58.  As can be seen, on this page various types of massages are listed, including  “Trigger Point Therapy,” “Swedish Massage” and others.  Clicking on either the name of one of  those types or on the words, “Learn More,” takes one to a page devoted to that technique.  See,  e.g, http://www.massageenvy.com/types-of-massage/trigger-point-therapy.aspx and  http://www.massageenvy.com/types-of-massage/swedish.aspx (both accessed 9/24/2016).   60.  This page (and others like it devoted to specific types of massage, such as  Swedish Massage) have the only direct links to the lone web page that says a one-hour massage  lasts only 50 minutes.  And even that link is difficult to find.  The link is the title of the list of  different types of massage on the left side of the page.  As can be seen from the screenshot, there  is no visual clue to indicate that this is a link.  That is in contradistinction to the massage types  under the title, all of which are preceded by arrows, indicating that they are links.   61.  However, placing one’s cursor over the words, “Types of Massage,” reveals that  it is a link, and clicking on it brings up the “Types of Massage” Page.     62.  On information and belief, this complicated path is the only way to access this  page from any other page on the Massage Envy website.     63.  Moreover, even once one has found this page, it is difficult to find the reference  stating that a one-hour massage lasts only 50 minutes.  First, there is nothing to alert the reader  that the length of a massage is discussed on this page.  To the contrary, the page contains a brief  description of different massage types, followed by a discussion of “Signature Services” and  “Who is Massage Therapy good for?”     65.  That difficult-to-find statement on an almost impossible-to-find web page is the  only place on Massage Envy’s entire website telling the reader that a 1-hour massage therapy  session includes only a 50-minute massage.   67.  One does not need to access this web page to obtain a massage at Massage Envy.    Massage Envy’s Pricing Card Includes a Statement About the Actual Length of a Massage  that is Difficult to Find and Read   68.  At its facilities, Massage Envy has cards available for its customers that provide a  menu of services, with their prices.  One does not need to see this to obtain a massage.  An  example, which Plaintiff obtained after her second massage at the Massage Envy facility in  O’Fallon, Illinois, is attached as Ex. A.  This card is 3.5 inches by 8.5 inches and has two sides,  one devoted to massage services, the other to skin care services.   69.  The massage side of the pricing card lists a “60-Min. Massage Session” with an  “Intro price” of $50 and a Non-Member price of $90.     70.  At the bottom of this page, in tiny, 5-pt type, is a seven-line, difficult-to-read  block of print that states, in part, “Session time includes massage or facial and a total of 10  minutes for consultation and dressing, which occurs both pre and post service.”   71.  Nowhere else on this card is the consumer told about non-massage time, such as  time for consultation and dressing.  Nor does this card state explicitly that the 10 minutes for  consultation and dressing is deducted from the massage time, leaving only 50 minutes for the  massage.   72.  This page contains the following copyright notice:  “© Massage Envy  Franchising, LLC.”      74.  Massage Envy did not always attempt to conceal the actual length of the massage  included in a one-hour massage session.  Until April 2007, it clearly and unmistakably disclosed  at the top of its home page that a one-hour session included only 50 minutes of massage time.   The Internet Wayback Machine, https://archive.org/web/ (accessed 9/26/2016), contains an  archive of outdated Massage Envy web pages.  The following screenshot shows Massage Envy’s  home page as of April 19, 2007:  http://web.archive.org/web/20070506115807/http://www.massageenvy.com/ (accessed  9/26/2016).   76.  By the next month, however, Massage Envy had taken that statement off its home  page.  See this screenshot from the Massage Envy home page captured by the Internet Wayback  Machine on May 28, 2007:  https://web.archive.org/web/20070528115943/http://www.massageenvy.com/ (accessed  9/26/2016).  Gone from the home page was the disclosure that a one-hour massage lasts only 50  minutes.     80.  By October 2015, even that direct link on Massage Envy’s home page to the  “Types of Massage” page was gone.  That can be seen from the following screenshot, captured  by the Internet Wayback Machine on October 21, 2015:  http://web.archive.org/web/20151021043008/http://www.massageenvy.com/ (accessed  9/26/2016).  To prove that there was no longer a link to the “Types of Massage” page on the  Massage Envy home page, note the search bar at the top right.  The word, “Types” is not found  on the page.  By this time, the “Types of Massage” page could only be found by following the  complicated pathway outlined above.  Massage Envy’s days of full disclosure were long gone.  Massage Envy Tells Its Members that a One-Hour Massage Lasts Only 50 Minutes   82.  The following screenshot shows this statement in the Terms & Conditions for  Massage Envy membership:  These terms and conditions are not publicly available on the internet.   83.  There is no reason why Massage Envy cannot make a similar clear and easy-to- find disclosure to consumers who are not its members.  Accordingly, Massage Envy is seeking to  deceive unknowing consumers into thinking that a one-hour massage or massage session  contains a one-hour massage.  Massage Envy’s Competitor MassageLuxe Freely Discloses that a One-Hour Session  Provides a 50-Minute Massage   84.  MassageLuxe is a chain of massage facilities that compete with Massage Envy,  including one in Edwardsville, Illinois, and one in Fairview Heights, Illinois.   87.  There is no reason why Massage Envy could not make similarly prominent  disclosures.  88.  In or about February 2016, Plaintiff Haywood’s daughter Amber purchased a $75  electronic gift card for her from Massage Envy’s website.  According to Massage Envy’s offer,  that gift card would provide a “1-hour introductory massage.”  Amber told her that it would  provide her with a one-hour massage.   89.  Ms. Haywood was notified of the gift by email on February 13, 2016.  (See copy  of email, Ex. B.)  The email told her that she had received a gift card in the amount of $75.00.  It  advised her to download her card and present it at the time of purchase.  It did not mention the  length of the massage she would be able to obtain with the card.     90.  A line buried in fine print at the bottom of the email stated, “Session includes  massage or facial and time for consultation and dressing.”  However, the email did not indicate  how much time was spent on the massage.  If Massage Envy had intended not to deceive the  recipient, it would have stated clearly in large type near the top of the email, right after the price  of $75.00, “good for a one-hour massage session consisting of 50-minute massage, interview and  time for undressing and dressing.”  It did not.   91.  Ms. Haywood downloaded her gift card.  (It is attached hereto as Ex. C.)  The gift  card contains a set of terms and conditions.  None of those terms and conditions relates to the  length of the massage to which the gift card would entitle her.  In fact, nowhere on the card or  the web page where the card is located is there a reference to the length of the massage that she  could obtain.   93.  Ms. Haywood then called the O’Fallon facility and made an appointment for May  11, 2016.  On that date, she went to Massage Envy’s O’Fallon, Illinois location for her massage.   She checked in with the front desk but didn’t sign anything or receive any information regarding  the length of the appointment.  No sign or other displayed notice indicated that the massage time  would be less than one hour.     94.  Ms. Haywood was called for her appointment around the time it was scheduled.   She talked to the massage therapist briefly and was given time to undress.  After a waiting  period, the therapist came back in and the massage lasted no more than 50 minutes.   95.  At the end of the session, she requested documentation of her session and was  given the attached “Massage Wellness Plan.”  Ex. D   96.  In September 2016, to verify that Massage Envy provided only 50 minutes’  massage time for a one-hour massage, Ms. Haywood telephoned Massage Envy’s O’Fallon, IL,  location and made a reservation over the phone for a 3:00 p.m. appointment on September 8,  2016, for a one-hour massage costing $90.     97.  On September 8, 2016, Ms. Haywood arrived at Massage Envy’s O’Fallon facility  at approximately 2:55 p.m., checked in at the desk, and was not asked to sign anything.  No sign  or other displayed notice indicated that the massage time would be less than one hour.  Her  actual massage was no longer than 50 minutes.     99.  At the end of her September 2016 session, Ms. Haywood requested  documentation of her session and was given the attached “Massage Wellness Plan.”  Ex. E.  She  also received the attached receipt, which reflects the balance that she paid in addition to the  credit remaining from the gift card provided by her daughter.  Ex. F.   JURY DEMAND .......................................................................................................................... 46  COUNT I:  AFFIRMATIVE DECEPTION IN VIOLATION OF THE ICFA ............................ 46  COUNT II:  OMISSIONS OF MATERIAL FACT IN VIOLATION OF THE ICFA ................ 47  THE ILLEGALITY OF MASSAGE ENVY’S PRACTICES UNDER THE ICFA .................... 39  Massage Envy’s Acts and Practices Violate the ICFA’s Prohibitions of Deception ........ 39  Massage Envy’s Acts and Practices Violate the ICFA’s Prohibitions of Omissions of  Material Facts.................................................................................................................... 40  Massage Envy’s Acts and Practices Are Unethical in Violation of the ICFA’s  Prohibitions of Unfairness ................................................................................................ 40 