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Haywood v. Massage Envy Franchising, LLC
United States Court of Appeals for the Seventh Circuit
887 F.3d 329 (2018)
Kathy Haywood (plaintiff) received a gift card from her daughter for a massage through Massage Envy Franchising, LLC (defendant). She booked a one-hour massage, but the massage lasted only 50 minutes. Haywood brought a putative class action under the Illinois Consumer Fraud and Deceptive Practices Act (ICFA), claiming Massage Envy misled consumers by advertising and selling one-hour massages while hiding the actual length. Massage Envy moved to dismiss the complaint for failure to state a claim. The district court dismissed the suit, reasoning that Haywood did not plead fraud or special damages with sufficient particularity. Haywood appealed.
Rule of Law
Holding and Reasoning (Bauer, J.)
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