Consumer Law: MMPA-Removal of Class Action-Amount in Controversy

Where class-action plaintiffs brought an action in Missouri state court against a massage business that advertised one-hour massage sessions but failed to disclose that the sessions included 10 minutes to undress, consult and dress, the district court erred in remanding the case to state court based on the amount in controversy because the defendant plausibly had alleged that more than that amount was in controversy and the punitive damages alleged in plaintiff’s petition were sufficient to raise the amount above the threshold.

Judgment is reversed and remanded.

Pirozzi v. Massage Envy Franchising  (MLW No. 73950/Case No. 19-8014 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, Eastern District of Missouri.