Massage Envy hit with sex abuse lawsuit

The 29-year-old woman went to a Clermont massage business for her appointment and quickly noticed the masseur she had seen several times was unusually excited to see her, according to a police report.

She brushed off a “weird” comment about how he could rub her for six hours, undressed and lay face down on a massage table, the report said. When his hands slid under the sheet and grabbed her breasts she became “paralyzed,” she told police regarding her May 19 visit to Massage Envy.

“What is going through your mind?” he said, according to a police report. Her reply: “I want to go home.” The masseur, who denied wrongdoing, was fired but has not been arrested; the case is under review by the State Attorney’s Office for

possible prosecution.

Earlier this month, the Clermont woman filed a civil lawsuit against the franchise owner, saying the business lacks procedures to protect customers from sexual abuse. The allegations of illegal behavior are the latest against Massage Envy, which has more than 1,150 locations across the U.S.

In a written statement, the Arizona-based company employing 25,000 said, “Massage Envy Franchising and its franchisees are committed to ensuring guests have a safe and professional experience ... we impose serious consequences for a franchisee if there is a violation of these policies.”

Fort Lauderdale attorney Adam Horowitz said he has filed about 25 civil suits — including the most recent one in Lake County — against massage companies in the past two years, accusing them of leaving clients vulnerable to sexual assault.

“I literally get at least one call per week from around the country” since he blogged on the subject two years ago, he said.

Horowitz has represented seven clients in lawsuits against the two Orlando area Massage Envy massage therapists, Frederick Dost and Cesar Guerrero, who were arrested last year on criminal charges after clients accused them of sexual misconduct. Criminal charges against Dost have been dropped but are ongoing for Guerrero. They no longer work at Massage Envy.

The massage therapist in Clermont denied wrongdoing in an interview with Clermont police. Police investigated the allegations; Walter Forgie, supervising assistant state attorney in Lake County, said the case is under review.

Felicia Brown of Greensboro, N.C., an expert witness in massage misconduct cases, said the popularity of massages have made proper employee screenings a larger issue.

“I’ve definitely seen an increase in the lawsuits that are being brought up in this type of issue,” said the 23-year veteran of the industry.

The suit filed by the Clermont woman says Massage Envy’s procedures for dealing with complaints about inappropriate touching fails to require that police be notified so the alleged victim and perpetrator can be questioned. The procedures only call for completing an incident report and sending it to the corporate office.

The practice “fosters an environment conducive to sexual misconduct,” the lawsuit says.

It also contends therapists are “emboldened” by a statement in the Massage Envy handbook that “only 4 percent of upset customers will tell you when there is a problem.”

Deborah Glorius, owner of the Massage Envy franchise on Oakley Seaver Drive in Clermont, said she has “been open six years and have never had a problem whatsoever and I erred on the side of caution and terminated [the employee] that same week.” The employee still has an active massage therapist license, state records show.

Florida law requires background checks and suspends the license of any person or establishment convicted of “crimes related to the practice.”

Horowitz said he’s aware of situations in which massage therapists have been fired after being accused of misconduct and gone on to work elsewhere.

“I don’t think that the person accused of sexual misconduct should remain employed,” he said. “I don’t think you should get a second chance.”

The consequences for clients, he said, are “traumatic,” resulting in a distrust of health professionals and even friends and family.

“You’re placing an extraordinary amount of trust in a massage therapist,” Horowitz said. “You’re going into a dimly lit room, often with your clothes off, closing your eyes and getting in a vulnerable position, trying to get your brain to relax.”

The Clermont woman told police that after she dressed, the masseur acted as if nothing had happened and that she thought she was going to be sick.

“After getting in her car, she broke down and started crying,” the police report said.