All About Airbnb Lawsuits - Consumer Rights Information (2024)

Learn what Airbnb lawsuits are out there, and how to take action…

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**Get a comprehensive guide to how Airbnb is handling the COVID-19 pandemic here**

If you’re experiencing issues with Airbnb, you’re not alone.

The company is one of the largest online marketplaces, arranging lodging in for millions of customers in the U.S. and around the world.

And when customers like you run into issues, you may be able to receive compensation.

There are several current claims and lawsuits against AirbnB. Most of these AirbnB lawsuits are class actions, which means you may be able to get in on the settlement. Or learn about how to make your own claim.

Take a look at this list of lawsuits against Airbnb to see if you might be affected.

All About Airbnb Lawsuits - Consumer Rights Information (1)

1

Are lawsuits against Airbnb allowed?

It’s likely your Airbnb contract says you can’t sue Airbnb in any court except Small Claims Court, thanks to anarbitration clause.

Because suing through Small Claims Court can be time-consuming and complicated, we suggestconsumer arbitrationas a better solution.

2

What is a class action lawsuit? Can I file this type of lawsuit against Airbnb?

Class action lawsuits are designed to bring together a group of individuals with the same complaint.

If your Airbnb contract doesnothave an arbitration clause, then you are eligible to join a class action lawsuit.

However, if you see an arbitration clause in your contract, you may not be able to file or join an existing class action lawsuit.

3

As an Airbnb customer what are my options for lawsuits against Airbnb?

One option you have is to sue Airbnb in Small Claims Court. If your claim qualifies for Small Claims Court, you will be asked to attend a court hearing and pay legal fees to make your case.

Or, you can do everything from your home. Consumer Arbitration is the process laid out by Airbnb contracts in place of a lawsuit. It lets you argue your case before an independent arbitrator (like a judge) who can force them to fix the problem and to compensate you. We at FairShakehelp make this process easy and convenient.

Airbnb Class Action Lawsuit Over Missing Payments to Hosts

In November 2020, an Airbnb host filed a class action lawsuit against Airbnb for allegedly violating its contract with hosts when the company offered full refunds to guests during the COVID-19 pandemic.

From CNBC.com:

The lawsuit is notable as it comes after Farmer first tried to take legal action against Airbnb through arbitration court, as stated in Airbnb’s terms and services for hosts. To file his case in arbitration, Farmer worked with FairShake, a company that helps consumers file legal claims against companies. FairShake has beenworking with a number of Airbnb hosts to pursue legal action against the company since March.

“Neither the guests nor the hosts were getting that money back,” said Teel Lidow, CEO of FairShake. “That’s what got us started putting together this arbitration campaign that eventually led to this class action.”

Farmer was able to file a public lawsuit against the company after Airbnb failed to pay the required legal fees for arbitration cases on time.A new California lawallows plaintiffs to take their cases out of arbitration and to court if the company stalls payments beyond 30 days of receiving an invoice.

“Them not paying the arbitration was just another slap in the face,” Farmer said. “It’s shocking and disgraceful.”

Airbnb Class Action Lawsuit Over Alleged Racial Discrimination

Back in 2016, Airbnb was sued for alleged discrimination when an African-American man tried to book accommodations through Airbnb but was continuously rejected by hosts. He then went on to try and book accommodations using a fake account that described him as a white male and was accepted by hosts. This story from theAmerican Association for Justicecovers the case:

On May 17, Gregory Seldon, a Virginia resident, sued Airbnb in federal court, alleging racial discrimination in violation of Title II of the Civil Rights Act and 42 U.S.C. §1981. (Seldon v. Airbnb, Inc., 1:16-cv-00933 (D.D.C. May 17, 2017).) Seldon, a 25-year-old African-American man, had attempted to book a vacation rental in Philadelphia using the popular home-sharing company’s website but was repeatedly rejected by potential hosts. These same hosts accepted Seldon’s reservation request when he attempted to book their apartments under two fake Airbnb accounts he created that described him as a white male.

Airbnb is a website that connects homeowners with people looking to rent temporary lodging, making it convenient for people to list, find, and rent vacation homes. With more than one million property listings in nearly 200 countries, Airbnb is popular among travelers and emphasizes the importance of its peer-to-peer model, requiring all users to create a profile and upload a photo. The company encourages its users to use a photo of themselves; this—along with the fact that users’ real names are revealed on the site—makes it easier for a host to identify a potential guest’s race. The site also operates on a ranking system: Both hosts and guests are allowed to leave reviews accessible to all Airbnb users.

Airbnb Sued for Alleged Discrimination in Israeli Settlements

According toCBS SF Bay Area, Airbnb was sued for allegedly discriminating against homes listed in Israeli settlements:

The lawsuit stems from a policy adopted by Airbnb back in November to bar listings from Israeli settlements in the occupied West Bank area.

The policy is discriminatory, the suit alleges, because it applies only to the residents of the Israeli towns of Judea and Samaria and not to listings from any Arab or Palestinian towns in the region.

In a statement, Zell said, “Airbnb is eyeing the Israeli market to increase its offerings in the Middle East. It is inconceivable that Airbnb would at the same time alter its longstanding policy against complying with the anti-Semitic BDS (Boycott, Divestment and Sanctions) movement by delisting Jewish/Israeli accommodations in Judea and Samaria, while continuing to permit Arab homeowners located literally across the road to participate in the Airbnb program. This lawsuit aims to put an end to this nefarious policy.”

Airbnb Sues New York City Over Regulatory Law

In 2019, Airbnb stayed true to its continuous strategy of suing cities that try to regulate short-term rentals and sued New York City. According toVox, a federal judge ruled in Airbnb’s favor and blocked the City Council law from going into effect:

On January 3, a federal judge blocked a New York law that would have expanded the city’s ability to crack down on Airbnb and other short-term listing sites, the Wall Street Journalreported. The law, which the City Council passed unanimously in July and would have gone into effect in February, required Airbnb and similar websites to provide city officials with information on every short-term listing in the city, including hosts’ addresses and identities, in order to crack down on those that violate New York’s short-term rental laws.

Airbnb and another listing site, Homeaway, challenged the law, claiming ina joint lawsuit against the citythat it violated hosts’ Fourth Amendment right against illegal searches. Judge Paul Engelmayer of the US District Court in Manhattan agreed — and his ruling is a decisive victory for Airbnb.

“The decision today is a huge win for Airbnb and its users, including the thousands of New Yorkers at risk of illegal surveillance who use Airbnb to help make ends meet,” an Airbnb spokesperson said in an emailed statement to Vox. “The court today recognized the fundamental importance of New Yorkers’ constitutional rights to privacy and the security of their own homes.”

Airbnb Sues Cities Over Collecting Occupancy Taxes

According toWired, Airbnb has sued many cities for the way they are collecting taxes on short-term rentals. Airbnb argues that they are merely a marketplace and it is the host’s job to pay taxes.Wiredcovered the full story:

Airbnb is engaged in “a city-by-city, block-by-block guerrilla war” against local governments, says Ulrik Binzer, CEO of Host Compliance, which helps cities draft and enforce rules for short-term rentals, sometimes putting it at odds with hosting platforms. “They need to essentially fight every one of these battles like it is the most important battle they have.”

Founded in 2008 as an early champion of the sharing economy by allowing people to rent homes, apartments, and rooms to others, Airbnb has grown into a lodging colossus, offering more than 6 million places to stay in more than 191 countries. Its listingsoutnumberthose of the top six hotel chains combined, helping the companyreportedlygenerate more than $1 billion in revenue in the third quarter of 2018. It is valued by investors at $31 billion, making it the country’s second most valuable startup, after Uber. By comparison, Hilton and Marriott’s current market capitalizations are $25 billion and $43 billion, respectively. Earlier this month, Airbnb acquired last-minute hotel booking service HotelTonight,reportedlyfor more than $400 million

Check out our other Airbnb articles to learn more:

  • Get Paid for Your Airbnb Complaint
  • Want to Sue Airbnb in Small Claims Court?

Even if you aren’t able to cash in on these listed lawsuits, your complaint may fit arbitration with Airbnb. We may be able to help you file a claim and get compensated –learn more here.

All About Airbnb Lawsuits - Consumer Rights Information (2)

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All About Airbnb Lawsuits - Consumer Rights Information (2024)

FAQs

All About Airbnb Lawsuits - Consumer Rights Information? ›

Are lawsuits against Airbnb allowed? It's likely your Airbnb contract says you can't sue Airbnb in any court except Small Claims Court, thanks to an arbitration clause. Because suing through Small Claims Court can be time-consuming and complicated, we suggest consumer arbitration as a better solution.

Is there a class action lawsuit against Airbnb? ›

A new class action lawsuit alleges Airbnb is well aware that certain “hosts” for short-term residential rentals are unauthorized to rent property on a short-term basis yet “enables and facilitates” their illegal property rentals while collecting “handsome revenues.”

Can you sue Airbnb for emotional distress? ›

A: You may be able to sue Airbnb for emotional distress, although emotional distress is likely to only be relevant in cases where you also suffered a physical injury or other damages. In personal injury claims, emotional distress is one form of noneconomic damages, which are damages without clear monetary values.

Does Airbnb protect you from lawsuits? ›

The home rental company Airbnb does not cover lawsuits from hosts or guests. Hosts and guests should be aware they are responsible for any potential legal issues that occur as a result of their actions while using Airbnb's platform.

What types of lawsuits has Airbnb faced? ›

Airbnb has had to respond to a variety of lawsuits since they first launched in 2008. This includes allegations of discrimination, allegations of breach of contract, and failure to protect the safety of its premises.

How do I get compensation from Airbnb? ›

Need to send or request money for things related to your Airbnb trip or Airbnb Experience? No problem! Go to the Resolution Center to open a refund or payment request.

Does Airbnb take complaints seriously? ›

If the neighbor reports your Airbnb listing, Airbnb will then evaluate the situation and contact the host of the listing. Apart from that, Airbnb will conduct a follow-up investigation and if required, communicate back to the neighbor.

Can an Airbnb owner sue you? ›

Can airbnb hosts sue guests? Certainly! Airbnb hosts may find themselves in situations where legal action against a guest is considered necessary, such as significant property damage or a breach of agreement. While Airbnb's Host Guarantee program provides some protection, it may not always suffice.

What are you liable for in an Airbnb? ›

In an Airbnb arrangement, both the host and the guest may face claims for property damage or loss. For example, a host may face property damage or loss due to criminal conduct (theft) of a guest. On the other hand, a guest may face additional liability due to the loss or damage of the host's property.

What if I'm unhappy with my Airbnb? ›

Start a request within 72 hours

If you still need to cancel your reservation during your stay, we can help you start a request to resolve the issue with your Host. When you do this, you can choose to ask your Host to fix the problem, request a partial refund, or request to cancel your reservation for a full refund.

How much is the Airbnb settlement? ›

Airbnb will collect and pay the City $2 for each night booked at any listing in Santa Monica. Airbnb will provide regular reports to the City to ensure compliance and to support City enforcement efforts.

What legal protections do Airbnb hosts have? ›

Host liability insurance covers you if you're found legally responsible for:
  • Bodily injury to a guest (or others)
  • Damage to or theft of property belonging to a guest (or others)
  • Damage caused by a guest (or others) to common areas, like building lobbies and nearby properties.

What happens if I refuse to pay Airbnb damages? ›

If you don't submit a timely payment or appeal, or your appeal is unsuccessful, your payment method will be charged. (This doesn't apply to stays in China, Japan, or India.) You'll never be charged without advance notice or a chance to appeal before and after you've been charged.

What is the most common complaints of Airbnb? ›

In this guide, we'll delve into the five most common complaints faced by Airbnb hosts and provide expert strategies for handling them with finesse.
  • Complaint #1: Issues With Cleanliness and Maintenance.
  • Complaint #2: Inaccurate or Misleading Property Descriptions.
  • Complaint #3: Problems With Check-In and Accessibility.
Mar 18, 2024

What if someone gets hurt at my Airbnb? ›

The insurance pays out up to $1 million to the injured person when a guest gets hurt during a stay. The injury must occur because of the negligence of the property owner. The insurance policy does not apply if the host commits intentional harm.

How do I win an Airbnb dispute? ›

AIRBNB RESOLUTION CENTER

The host has 60 days to make a claim on a deposit, but the earlier this is done, the better chance the host has of winning. If the other party denies to pay the claim, the complainer can then elect to involve a mediator at Airbnb. The mediator's decision is final and cannot be appealed.

Can you file a dispute with Airbnb? ›

You can use our Resolution Center within 60 days of your reservation's checkout date to request or send money for things related to your Airbnb trip. It helps to have any photos or other relevant evidence ready when you submit a Resolution Center request.

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