Four women in New Jersey have sued Massage Envy, claiming they were sexually assaulted while on the massage table and then discouraged by management from going to the police.
The suit, filed Thursday in Middlesex County by the law firm Laffey, Bucci & Kent, claims the assaults occurred from January 2015 to November 2016 at franchises in Piscataway, Closter, Mays Landing and Short Hills. The allegations include claims of penetration and massaging of intimate areas without consent.
All of the allegations involve male massage therapists who allegedly assaulted female customers.
The women allege vicarious liability, conspiracy and fraud.
According to a BuzzFeed report last year, more than 180 women have made allegations of assault at Massage Envy locations nationwide.
"We allege that Massage Envy knew about the problem of sexual assault at its Massage Envy locations and, beyond simply doing nothing, in fact discouraged reporting to police and other authorities," Stewart Ryan, an attorney for the women, said in an email.
In a letter released on Monday, Massage Envy CEO Joseph C. Magnacca said the company has strengthened existing policies to prevent inappropriate conduct in its therapy rooms.
"One incident is too many, which is why our rigorous commitment-to-safety plan is in place to identify and implement measures that will keep the clients and therapists at Massage Envy franchise locations safe," Magnacca said.
A woman identified as "Jane Doe #1" claims she was assaulted at the Piscataway location by a therapist who repeatedly massaged her buttocks, breasts and nipples. When she asked him to stop, he "touched the area between her legs and made contact with her vaginal area," the suit says.
Another woman who sought a massage in Mays Landing for a shoulder injury claims the male masseuse brushed up against her with his erect penis, "wrapped his hands around her neck, choking her," and then "penetrated (her) vagina with his finger."
The woman, identified as "Jane Doe #2," claims she was terrified during the massage.
"She froze and was unable to stop (the massage therapist) from physically or sexually assaulting her," the suit claims.
Attorneys claim the therapist had an extensive criminal history and was not properly licensed by the New Jersey Board of Massage and Body Work Therapy.
A woman in Short Hills claims that she was sexually assaulted by her Massage Envy masseuse and then tried to report it to management.
"She was told that if she reported the incident to law enforcement there was a lot of red tape and it was unlikely any action would be taken," the suit claims.
In Closter, a woman claims a Massage Envy therapist penetrated her vagina with his finger and that when she went back to the business to complain, she was told the man had resigned.
The business owners have refused to give the woman or her attorneys the therapist's name or say where he is working now, the suit states.
Company CEO Magnacca said the company created an eight-member safety advisory council to provide training for all franchisees and managers.
The attorneys for the New Jersey women, however, say Massage Envy should warn customers about "the dangers associated with" its therapists.
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"Every person who receives massage therapy, whether for medical reasons, stress relief, or otherwise, deserves (a) full reporting of all the instances of sexual misconduct committed by Massage Envy massage therapists as well as preventative and remedial measures taken by the company to prevent future assaults," Stewart said.
"We hope that Massage Envy, through these lawsuits and otherwise, will begin to put the priority of its customers' safety above profits and protecting its brand," the attorney added.
The lawsuit seeks exemplary and punitive damages to punish Massage Envy "and deter other such persons from committing such wrongful and malicious acts in the future."
In addition to the New Jersey franchises, the suit names Massage Envy corporate headquarters in Scottsdale, Arizona.
The law firm said in a statement that it has filed similar lawsuits against Massage Envy in California and Florida and that "similar state-wide lawsuits are being processed and will be filed in other states across the country in the coming days and weeks."
Anthony G. Attrino may be reached at [email protected]. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.
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