Cheri Beasley Represented Massage Envy In Their Appeal Of A Lawsuit Related To Sexual Abuse In Their Massage Parlors
During Her Time At McGuireWoods, Cheri Beasley Represented Massage Envy In An Appeal Of A Lawsuit Related To Sexual Abuse In Their Massage Parlors
On March 5, 2021, Massage Envy Filed An Appeal In A Lawsuit Related To Sexual Abuse In Their Massage Parlors. Cheri Beasley Is Listed As Counsel For Massage Envy.
On August 31, 2021, Beasley Filed A Motion To Withdraw As The Counsel Of Record For Massage Envy.
- NOTE: Full case file is available upon request.
Nationally More Than 100 Plaintiffs Have Filed Lawsuits Against Massage Envy Saying They Were Sexually Abused In Their Massage Parlors
More Than 100 Victims Across the U.S. Have Accused Massage Envy Of Sexual Misconduct
More Than 100 Plaintiffs Have Filed Lawsuits Against Massage Envy Saying They Were Sexually Abused In Massage Parlors Across The Country. “According to lawsuits filed as recently as March 2020, Massage Envy continues to turn a blind eye to complaints against spa employees. More than 100 plaintiffs have filed lawsuits against the company saying they were abused in massage parlors across the country. One lawsuit, filed in San Mateo County Superior Court in 2019, said Massage Envy ignored the ‘known risk of assault’ five therapists working there ‘posed to customers’ but allowed them to remain employed or transferred them to different franchise locations instead of addressing the sexual assault victims’ complaints. Another said Massage Envy ‘actively sought to conceal the knowledge and danger of customers being sexually assaulted within their business locations’ by discouraging the customers from filing sexual assault reports with law enforcement or state licensing boards.” (Jessica Dayton, “Massage Envy: Sexual Assault By A Massage Therapist,” ADZ Law LLC, 10/27/20)
In 2017, Buzzfeed Initially Reported That That More Than 180 People Have Filed Sexual Assault Lawsuits, Police Reports, And State Board Complaints Against Massage Envy Spas, Their Employees, And The National Company. “But BuzzFeed News found that more than 180 people have filed sexual assault lawsuits, police reports, and state board complaints against Massage Envy spas, their employees, and the national company. Like Susan Ingram, many say their claims were mishandled or ignored by employees and owners of individual Massage Envy spas, and by the national company itself.” (Katie J.M. Baker, “More Than 180 Women Have Reported Sexual Assaults At Massage Envy,” BuzzFeed News, 11/26/17)
- Massage Envy Told Buzzfeed News That It Would Not Respond To Questions Because Of Pending Litigation But Noted That The Company Has Worked Hard To Create The Industry’s “Most Stringent, Rigorous Policies” For Hiring, Screening, And Training Therapists. “Massage Envy told BuzzFeed News that it would not be ‘appropriate to respond point-by-point’ to questions ‘because of pending litigation’ and the confidential documents involved. But overall, Melanie Hansen, general counsel of Massage Envy Franchising, said the company has worked hard to create the industry’s ‘most stringent, rigorous policies’ for hiring, screening, and training therapists. ‘We hold franchise owners accountable to our policies and, when we say nothing is more important to us than treating clients with respect and giving them a safe, professional experience, we mean it,’ she said in an email to BuzzFeed News.” (Katie J.M. Baker, “More Than 180 Women Have Reported Sexual Assaults At Massage Envy,” BuzzFeed News, 11/26/17)
Massage Envy Company Policy On The Matter Is Designed To Protect The Company Brand Rather Than To Ensure Customer Complaints Are Handled Appropriately
A Review By Buzzfeed News Found The Company’s Policies On Reporting Improper Conduct Do More To Protect The Company Brand Than To Ensure Customer Complaints Are Handled Appropriately. “But a review by BuzzFeed News found the company’s policies on reporting improper conduct do more to protect the company brand than to ensure customer complaints are handled appropriately. Customers have been violated in shocking ways, then seen their reports brushed aside, while offending therapists have been allowed to keep their professional standing with no consequences.” (Katie J.M. Baker, “More Than 180 Women Have Reported Sexual Assaults At Massage Envy,” BuzzFeed News, 11/26/17)
- Except In The Few Places Where Local Laws Might Demand It, The Company Does Not Compel Its Franchisees To Notify Law Enforcement Or To Hire Qualified Investigators To Help Determine What Happened In Any Case. Except in the few places where local laws might demand it, the company does not compel its franchisees to notify law enforcement or to hire qualified investigators to help determine what happened. This holds true regardless of the seriousness of the allegation, even if it involves rape.” (Katie J.M. Baker, “More Than 180 Women Have Reported Sexual Assaults At Massage Envy,” BuzzFeed News, 11/26/17)
- A Communication Guide From 2014, Obtained By Buzzfeed News, Directs Employees Facing Potential Crises To Consider Several Questions, The Only One In Bold Type Marked “Critical” Was: “Could It Negatively Impact Massage Envy’s Spa Brand?” “A communication guide from 2014, obtained by BuzzFeed News, directs employees facing potential crises to consider questions such as ‘Who is responsible?’ ‘Can it happen again?’ and ‘How will it affect me, my guest/members, or the clinic?’ There’s only one question written in bold type and marked ‘critical:’ ‘Could it negatively impact Massage Envy’s Spa Brand?’” (Katie J.M. Baker, “More Than 180 Women Have Reported Sexual Assaults At Massage Envy,” BuzzFeed News, 11/26/17)
- A 2017 Policy Obtained By Buzzfeed News Clarifies That In “Certain Situations,” A Franchisee “Should Consider” Reporting An Incident To Local Authorities. “A 2017 policy obtained by BuzzFeed News clarifies that in ‘certain situations,’ a franchisee ‘should consider’ reporting an incident to local authorities. It does not say when during the investigation that should happen. No examples are listed, beyond observing any local laws that might require it.” (Katie J.M. Baker, “More Than 180 Women Have Reported Sexual Assaults At Massage Envy,” BuzzFeed News, 11/26/17)
The Firestorm Came As An Effort Was Already Underway In North Carolina To Require Massage Parlors To Report Complaints Of Sexual Misconduct
The Allegations Came As An Effort Was Already Underway In North Carolina To Require Massage Parlors To Report Complaints Of Sexual Misconduct To Local Authorities, Something They Were Not Previously Required To Do. “The allegations come as an effort is already underway in North Carolina to regulate massage parlors. A new state law will give the N.C. Board of Massage and Bodywork Therapy the authority to license individual businesses and require them to report complaints of sexual misconduct to local authorities – something they were not previously required to do, according to Charles Wilkins, legal counsel to the board. ‘One of the biggest problems is that establishments like Massage Envy don’t report the actions when their therapists do something inappropriate. They don’t report them anywhere – to the police or licensing boards. We have found that to be true (in North Carolina),’ Wilkins said.” (Katherine Peralta “Sex Assault Complaints Filed About Workers At NC Massage Envy Locations,” The Charlotte Observer, 11/28/17)
Massage Envy Has 18 Franchises In North Carolina And At Least A Dozen Victims In The State Have Filed Complaints, Eight Alleging Inappropriate Sexual Conduct
Massage Envy Has 18 Franchises In North Carolina. “Massage Envy has 18 franchises in North Carolina, including eight in Charlotte. At least one of the sexual harassment claims involve a Massage Envy location in Charlotte, records show.” (Katherine Peralta “Sex Assault Complaints Filed About Workers At NC Massage Envy Locations,” The Charlotte Observer, 11/28/17)
- Through 2019, The North Carolina Board Of Massage And Bodywork Therapy Has Received Roughly A Dozen Complaints Involving Massage Envy Locations, Eight Were Alleging Inappropriate Sexual Contact. “In the years after more than 180 women reported sexual assaults linked to the nation’s largest massage chain, the North Carolina Board of Massage and Bodywork Therapy has received roughly a dozen complaints involving Massage Envy locations, according to NCBMBT Administrative Director Elizabeth Kirk. ‘Eight complaints were alleging inappropriate sexual contact during a massage and bodywork therapy session,’ Kirk said. ‘Six therapists were disciplined and two are only pending because they are going to be reviewed by the Board at their June 2019 meeting.’” (Nathan Morabito, “Multiple Massage Envy Therapists Disciplined Since 2018 Related To Alleged Sexual Assaults,” WCNC, 6/11/19)
Multiple North Carolina Women Were Allegedly Assaulted At Massage Envy Locations In The State
In 2018, Two Women Alleged That They Were Both Assaulted By The Same Massage Therapist In November 2015. “A lawsuit was filed Monday morning against Massage Envy in connection to sexual assault. Two women say they were both assaulted by the same massage therapist at the Mayfaire Town Center location in November 2015, just six days apart. They allege the second assault happened after the first victim complained several times to management.” (“Lawsuit Filed Against Massage Envy For Sexual Battery,” WECT News 6, 10/29/21)
- Plaintiffs Say The Wilmington Franchise And Massage Envy Franchising Ignored Or Mishandled The Reports Of Sexual Misconduct. “According to the lawsuit, Plaintiffs say the Wilmington franchise and Massage Envy Franchising ignored or mishandled the reports of sexual misconduct.” (“Lawsuit Filed Against Massage Envy For Sexual Battery,” WECT News 6, 10/29/21)
Massage Therapist Joey Lee Diaz Was Charged With Sexual Battery After He Was Accused Of Inappropriate Conduct By Two Women, Both Of Whom Filed Police Reports At The Time Of The Incident. “The lawsuit says a woman ended her massage early Nov. 15, 2015 after ‘experiencing extreme discomfort and fear.’ The alleged victim’s daughter was getting a massage from a different therapist in the same room at the time who noticed the woman’s discomfort. He told her to notify management of the incident. A police report was filed on Dec. 1, 2015. Another woman reported being touched inappropriately during a massage Nov. 21, 2015. She ‘laid on the table, frozen with shock and extreme fear,’ according to the lawsuit. The alleged victim and her husband called the police at that time. According to the District Attorney’s office, Joey Lee Diaz is charged with sexual battery in both cases and has not yet been convicted in either case.” (“Lawsuit Filed Against Massage Envy For Sexual Battery,” WECT News 6, 10/29/21)
In A Statement Massage Envy Said That Their Zero Tolerance Policy Requires That Any Allegation Of Inappropriate Conduct Will Be Fully Investigated By The Franchisee And That The Therapist In Question Was Suspended And Would Be Restricted From Being Employed By Any Massage Envy Franchised Locations If Their Investigation Determines An Offense Has Occurred. “‘Massage Envy and its franchisees take any allegation of inappropriate conduct very seriously. Our Code of Conduct and Zero Tolerance Policy requires that any allegation of inappropriate conduct will be fully investigated by the franchisee, and the therapist involved is suspended during the pending investigation. If it is determined that a Zero Tolerance Offense has occurred, the therapist will be restricted from being employed by any Massage Envy franchised locations.’” (“Lawsuit Filed Against Massage Envy For Sexual Battery,” WECT News 6, 10/29/21)
In One Case That Occurred In Charlotte A Massage Envy Therapist Was Accused Of Forcing A Female Coworker To Perform Oral Sex On Him During A Massage Session In Her Home In Fall 2015. “In the Charlotte case, a Massage Envy therapist was accused of forcing a female coworker to perform oral sex on him during a massage session in her home in fall 2015, records show. The therapist’s license was revoked. In a statement, the company said that the 180 reported incidents in the Buzzfeed story occurred ‘over a span of 15 plus years and 125 million massages.’” (Katherine Peralta “Sex Assault Complaints Filed About Workers At NC Massage Envy Locations,” The Charlotte Observer, 11/28/17)
National Center On Sexual Exploitation Advocacy And Outreach Vice President Haley Halverson: “It’s Absolutely A Systemic Issue, The Fact That We’re Seeing These Assaults In Massage Envys Across The Country For Years And Years.” “‘It’s absolutely a systemic issue, the fact that we’re seeing these assaults in Massage Envys across the country for years and years,’ National Center on Sexual Exploitation Advocacy and Outreach Vice President Haley Halverson said. ‘It’s time for them to take greater responsibility.’” (Nathan Morabito, “Multiple Massage Envy Therapists Disciplined Since 2018 Related To Alleged Sexual Assaults,” WCNC, 6/11/19)