‘Should I forward photos to Teresa…?’: Airbnb host sued by man for privacy invasion (2024)

An Airbnb host from the US has been sued after she sent a photo of a guest with another woman to his wife.

‘Should I forward photos to Teresa…?’: Airbnb host sued by man for privacy invasion (1)

An Airbnb host sent a photo of her guest with another woman to his wife. (Pic: Mississippi District Court)

Pamela Fohler, an Airbnb host from the US, has been sued by a guest after she sent his picture with another woman to his wife. In 2022, Shawn Mackey visited Memphis, Tennessee during which he put up at Pamela’s Airbnb home on rent. US website The Daily Beast has now obtained court documents that state Shawn is suing Airbnb and Pamela, The Independent reports.

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Four of Shawn’s friends were supposed to stay with him, although he wanted an Airbnb where he could also bring other guests if he wished to at some point in time. Details mentioned in the lawsuit state that Shawn rented Pamela’s Airbnb home from September 9-11, 2022, and had also informed her that some other guests would be there for dinner at the place on a particular date. However, he did tell her that they would not stay over.

As mentioned in the booking, Pamela’s Airbnb home could accommodate up to 12 people. To avoid confusion, Shawn had later sent across a list of the guests who would be there with him at home and those who might stay behind.

Things, however, took a twisted turn as Pamela apparently told Shawn that her Airbnb home could only accommodate eight people, as opposed to the booking details that mentioned 12. Moreover, Pamela said that there would be an additional cost for each guest, irrespective of whether they were spending the night. She also said that only four cars could be parked at her home.

The suit also alleged that Pamela asked Shawn to register the additional guests on the list or leave immediately. This apart, she claimed that she had received complaints of people yelling and swearing in the parking lot. Sometime later, she asked Shawn to leave the home.

Shawn refuted the allegations in the complaint that states, “No party had taken place. No one had been yelling or cursing in the parking lot.”

Soon enough, Shawn realised that it was futile to speak to Pamela, after which he spoke to her husband, who told him he could continue staying at the property. All of this went in vain because Pamela sent check-out instructions for the next day to Shawn soon after.

As mentioned in the complaint, Shawn found himself locked out of the home that night after he returned from an outing. However, he was granted access to the home again after he managed to speak to the owner.

Severe drama unfolded after he left a negative review on Pamela’s Airbnb account after checking out the next day. As mentioned in the complaint, Shawn also requested a refund of $502.

Shawn was thereafter harassed by Pamela for the negative review while she had Airbnb take it off the website. The accommodation company also suspended Shawn’s account for a month.

It did not end there as Pamela sent Shawn a message after a few days that read, “Hello Shawn, hope you are well. Sorry it took so long to get the photos you requested together to show your stay at our home. But I had faith, was driven by integrity, so I committed to get these posted for you and Airbnb. Photo at 3.16am is especially notable. Should I forward the photos and videos to Teresa or will you? The videos will come shortly. I think they are too big for text so I will post to YouTube.”

Teresa is Shawn’s wife and the woman photographed with him was not her, the complaint states. The “picture was taken by one of the cameras at the Airbnb home,” according to the court document.

What’s worse is that Airbnb contacted Shawn soon after and informed him that he owed $950. After Shawn refused to pay the fine, Pamela allegedly sent the picture in question to his wife’s work email address with the subject line “I like your bag”. The suit states that Shawn’s marriage has suffered as a result of Pamela’s act.

As a result of the actions taken by Pamela Fohler and Airbnb, Shawn Mackey “has been injured, suffered actual damages, public humiliation, embarrassment, mental anguish and monetary losses,” the suit states.

Published By:

Raya Ghosh

Published On:

Feb 19, 2024

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‘Should I forward photos to Teresa…?’: Airbnb host sued by man for privacy invasion (2024)

FAQs

Does Airbnb protect hosts from lawsuits? ›

Hosts of Accommodations are covered under the HLI program. As described above, The HLI program covers Hosts for incidents that result in the Host's legal liability resulting from a bodily injury or a property damage claim arising during a guest's Airbnb Stay at the Host's Airbnb Accommodation.

How do I protect myself from Airbnb lawsuit? ›

Airbnb offer the Host Protection Insurance Program to protect Airbnb hosts (and landlords, as additional insureds) against liability claims of up to USD 1 million (per occurrence) that occur in a listing or on an Airbnb property during a stay, in the event of a third-party claim of bodily injury or property damage ...

Is it safe to send passport photo to Airbnb host? ›

Whether or not you send photos of your passport is 100% up to you, but you probably don't have to be too concerned. It could be suspicious, but it could also just be something that the host does to feel safer about you staying in their home.

Can you sue an Airbnb host for emotional distress? ›

If you incurred any of the following, you may be able to recover damages in court: Physical pain. Mental suffering. Emotional distress.

Can Airbnb host take me to court? ›

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.

What are Airbnb hosts liable for? ›

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.

Is there a class action lawsuit against Airbnb? ›

Class action suits against Airbnb have arisen in various forms in recent years. These suits are typically filed by aggrieved hosts or guests and allege breach of contract, or violations of consumer protection statutes, state or federal laws and regulations.

Can I get sued if someone gets hurt at my Airbnb? ›

A property owner has legal liability for injuries that an Airbnb guest suffers when the property owner is negligent in the way that they care for their property.

How do I protect myself as an Airbnb host? ›

Airbnb Hosting: 6 Ways to Protect Yourself and Stay Within the...
  1. Let's Be Real. ...
  2. Airbnb Legal Risks. ...
  3. 1) Check Your City's Laws. ...
  4. 2) Register, Get a Permit or Obtain a License. ...
  5. 3) Pay Your Taxes. ...
  6. 4) Check Subletting is Permitted. ...
  7. 5) Take Out A Robust Insurance Plan. ...
  8. 6) Health and Safety.

Is it normal for Airbnb to ask for ID photos? ›

Photo of your government ID: If we can't verify you with the information above, or if a certain verification method isn't available or effective in your country, we may ask you to provide a photo of your government ID. This could be a driving license, passport or national identity card.

Can an Airbnb host ask for a picture? ›

All Hosts are required to have a profile photo, and some Hosts require the same of their guests to book. Guest profile photos aren't displayed until after a booking is confirmed.

Can I send photos through Airbnb? ›

Pictures can be sent manually from the conversation page with the guest. You access this through the Inbox page. This works for all platforms. However, you might not be able to send the guest a picture before they have a confirmed booking with you on some platforms.

How can a host sue Airbnb? ›

Common Types of Small Claims Lawsuits Against Airbnb
  1. Damages to your home. For example, you listed your home on Airbnb, but the Airbnb guests threw a party in your home and damaged the countertops.
  2. Failure to refund you. ...
  3. Unexpected charges. ...
  4. You reserved and paid for a unit, but it was booked to someone else.
Sep 6, 2024

How do I file a complaint against Airbnb as a host? ›

You can submit a complaint via our webform. Once your complaint has been submitted: You'll receive an automated acknowledgement of your email when we receive your complaint. An Airbnb case handler will be assigned to your complaint and will aim to make initial contact with you within 96 hours.

How do I fight an Airbnb host? ›

Hosts should explain any additional charges transparently and provide evidence if necessary. If the dispute escalates, Airbnb's Resolution Center can be used to mediate. Here, both parties can present their evidence, and Airbnb will make a decision based on the policies and information provided.

Does Airbnb cover hosts damages? ›

Host damage protection, part of AirCover for Hosts, reimburses Hosts up to $3 million in the rare event your place or belongings are damaged by a guest during an Airbnb stay. You're reimbursed for certain damage caused by guests to your home and belongings if the guest does not pay for the damage.

What happens if you don't pay Airbnb host for 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 protections does Airbnb offer hosts? ›

Sometimes accidents happen, which is why there's AirCover for Hosts. AirCover for Hosts is top-to-bottom protection for Hosts. It includes guest identity verification, reservation screening, $3M Host damage protection, $1M Host liability insurance, and a 24-hour safety line.

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