Massage Envy hit with lawsuit - San Mateo Daily Journal

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After a woman who reported an alleged sexual assault by an employee of a Burlingame Massage Envy in November was told by the franchise owner her story did not match up with his and he would not be fired, a lawsuit was filed in San Mateo County Superior Court last month with allegations of four other assaults at locations across the state is seeking to hold the company accountable.

Outlining five separate incidents in which confidential victims were inappropriately touched or exposed at Massage Envy franchises in Burlingame, Beverly Hills, Elk Grove, Redondo Beach and West Covina, the suit takes aim at the company for allegedly directing franchisees to not report allegations of inappropriate sexual behavior involving its massage therapists to law enforcement or state boards, according to the lawsuit.

By concealing reports of employees improperly touching multiple female customers, the company sought to protect its image at the expense of its customers’ safety, said attorney Robert Thompson, whose Burlingame-based firm is representing the five women along with Philadelphia-based firm Laffey, Bucci & Kent.

“It’s all about protecting the brand instead of dealing with the person that was sexually assaulted,” he said.

In failing to fire employees like Menlo Park resident Brandon Davis, 28, who was previously employed at a Massage Envy location in Burlingame and is accused of having sex with confidential victim Jane Doe without her consent last year, the suit alleges the company allowed alleged sexual predators the opportunity to improperly touch or assault other customers.

On Nov. 12, 2017, Doe is said to have gone to the Massage Envy at 1209 Howard Ave., where she had been several times without incident, for a massage. While Davis, a massage therapist, gave her a massage, he allegedly groped Doe, engaged in other sexual activity and had sex with her without consent, according to the suit.

Frozen in fear and shock, Doe allegedly remained still during the alleged assault and was traumatized and frightened after the massage. She allegedly paid for the service and left the franchise as soon as she could, according to the suit.

When Doe later reported the sexual assault to the location’s acting manager, she was told the franchise’s manager would call her within 24 hours. When the manager called Doe, she recounted the experience and was told the manager would repeat the incident to the franchise owner and they would decide whether to report the incident to police. Some two days later, the owner called Doe, who had to explain what happened again, and told her Davis denied Doe’s allegations entirely, that “their stories did not match up” and that she would not fire Davis, according to the suit.

Following her correspondence with the owner, Doe reported the incident to the Burlingame Police Department, who, through an investigation, discovered allegations against Davis involving 12 other victims, said Thompson.

Arraigned on criminal charges Aug. 2, Davis pleaded not guilty to six counts of felony sexual battery by fraud and seven misdemeanor counts of battery for incidents that took place at the massage establishment between Aug. 17, 2017, and Dec. 3, 2017, said District Attorney Steve Wagstaffe. He said Davis is in custody on $250,000 bail and faces an estimated 10 years in state prison if convicted of his charges.

The company said in a prepared statement it could not comment on active litigation but will remain focused on its “Commitment to Safety” plan. According to an Aug. 10 update on the company’s website, Massage Envy franchisees and managers across the nation completed a new, required safety training on topics such as the psychology of sexual misconduct and trauma-informed investigations. The company also reported the launch of a third-party system tracking service providers’ compliance with its safety requirements to complement required annual background screenings as well as the creation of a brochure available in franchises with contact information for local law enforcement and state boards of authorities. It also included a hotline with confidential assistance for anyone who might experience or have concerns about sexual misconduct, according to the update.

“Safety is and will always be our priority and we will never stop working on it,” according to the company statement.

Though the suit outlines the experiences of five women, Thompson said it is likely only a small subset of the allegations that could be included in this suit, noting his phone has been ringing off the hook as customers have called with related experiences since the women’s accounts came to light. Having filed lawsuits against Massage Envy in the past, Thompson said what happened to Doe is among the most egregious assaults he’s ever come across in a massage case, and added he is looking to the evidence to show the lengths the company went to sweep these accounts under the rug.

“We would really implore any of the women in this county or any women throughout this state who experienced any sort of improper conduct … to come forward and join the brave women who have already spoken up and help us make this company change,” he said.

anna@smdailyjournal.com

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