1 year ago
862
U.S. District Court for the Southern District of Mississippi
When a dissatisfied Airbnb guest posted a less-than-glowing review of his stay, he had no idea he was about to set his marriage ablaze.
Mississippi resident Shawn Mackey rented the four-bed, two-bath home for a weekend with old friends in Memphis, according to an eye-popping lawsuit obtained by The Daily Beast.
But after Mackey refused to pay $960 in additional fees and penalties for allegedly having extra guests over and violating two of the house rules, “superhost” Pamela Fohler emailed his wife a photo taken by one of the property’s security cameras, which showed Mackey “in the company of another female” at 3:16 a.m., the suit alleges.
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According to the lawsuit, Mackey booked a two-night stay at Fohler's "Little Bit More Country" Airbnb in Memphis, Tennessee in July 2022 for a September stay.
During the arrangement of his stay, Mackey told Fohler that he would be in town to visit a friend and that he "may invite them over for dinner," emails included in court filings show.
"Very low key," Mackey told Fohler. "Please let me know if there are any concerns."
"That sounds like a lovely time," Fohler replied. "I would be delighted to host you all."
The home, which Mackey was renting for $567 a night, could accommodate up to 12 guests, the lawsuit said.
In the lawsuit, Mackey noted that he thought it was odd that Fohler wanted a "full list" of guests at the home, even if they weren’t going to stay overnight.
She also had a list of rules including: no smoking or vaping, no excessive noise, no guests from the local area, no parking in front of the garage doors or on the right side of the driveway, no glass, food, drinks, or urinating in the pool, and no skinnydipping.
The "superhost" also warned that there would be a $500 fine, "at our sole discretion," if police were called to the property "for any reason," and a $250 fine, plus cancelation of the stay, for arriving with additional guests.
"Hello Shawn, we will be able to accommodate a max of 8 guests," screenshots from the lawsuit alleged. "This is due to the city restrictions and capacity at our home. I apologize we had not discuss [sic] the guest count tripling. Each guest does have to be put on Airbnb and accounted for per Airbnb rules and insurance requirements. There is a cost to each guest even if they do not spend the night. I should also remind you about the strict no parties rule. Thank you for understanding."
About 45 minutes later, Fohler messaged Mackey again.
"Hello Shawn, I am asking you to either add the extra guests now or have them leave immediately," she wrote, according to the suit. "We have also gotten complaints of disturbances, yelling and profanity in the parking area. Our home is in a quiet neighborhood, and we need to maintain that."
Moments later, Fohler demanded that Shawn leave the property.
"I am very sorry, but you have violated the no party rule, disturbed my neighbors by cursing and yelling in the parking lot, and have unauthorized guests," the suit says Fohler wrote. "I am asking you to leave now. I can’t allow you to stay, I am sorry."
Mackey’ insisted that "none" of Fohler's claims were true.
He said he left the following morning, per Fohler’s request, but said there was no party, no cursing, and no uninvited guests.
"At the time he checked out of the property, [Mackey], who had broken no rules and had spoken to the host, thought all issues had been resolved as simply a misunderstanding," his lawsuit said.
Mackey promptly requested a refund of $502.46, presumably for the nights he booked but did not stay, and left a negative review of the property.
Fohler, concerned that Mackey's review would jeopardize her "superhost" status, allegedly "began harassing" him.
The lawsuit claimed that Mackey sent an image of him and another woman snapped from the house’s doorbell camera.
"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 3:16 am is especially notable. Should I forward the photos and videos to Teresa, or will you?" the text read.
Airbnb deleted Mackey’s review and threatened to terminate his account, Mackey alleges.
They sent him a bill for $960, which reportedly included an additional guest fine of $160; two separate $250 fines for "breaking rules against local guests" and "excessive noise"; and $300 for "moderation of your review."
After Mackey refused to pay the fee, Fohler retaliated by emailing the illicit photo to his wife with the subject line "nice bag."
In the body of the message, Fohler wrote: "I love your bag, where'd you get it?"
Mackey claims that his marriage has suffered as a result of Fohler’s harassment. He also claims Airbnb did not defend him in the matter.
English (United States) ·