In a rather unusual turn of events, a man has taken legal action against an AirBnB host who sent compromising photos of him to his wife.
This incident stems from a stay gone wrong in Tennessee, hosted by Pamela Fohler.
Shawn Mackey, the man at the center of this legal battle, had been staying at Fohler's AirBnB.
During his stay, he informed Fohler that he might have a friend over for dinner, a request to which Fohler had no objections.
However, Mackey soon found himself navigating through a myriad of house rules set by Fohler, which included restrictions against local guests, bans on glassware, food, drinks, and specific parking limitations.
Additionally, there was a clear stipulation that any appearance of additional guests would lead to immediate expulsion from the property.
One might ponder whether opting for a hotel room might have been a simpler choice given the extensive list of regulations.
The situation escalated when Fohler accused Mackey of throwing a party, thereby violating the no-party rule, causing disturbances among neighbors through loud cursing and yelling in the parking lot, and having unauthorized guests on the premises.
Consequently, she requested Mackey to vacate the property.
Following his departure, Mackey sought a refund amounting to $502.46 and left a negative review of his experience.
In an unexpected move, AirBnB not only removed his review but also issued him a bill for $960.
This bill included various fines: $160 for having an additional guest, $500 divided between two fines for breaking the rule against local guests and causing excessive noise, and a $300 fine supposedly for the moderation of his review.
Matters took an even more distressing turn when Fohler sent Mackey a photo captured by the property’s doorbell camera, showing him in the company of a woman who was not his wife.
The message accompanying the photo 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 3:16 am is especially notable. Should I forward the photos and videos to Teresa, or will you?"
Following Mackey's refusal to settle the fees, Fohler proceeded to send the picture to his wife.
This action, Mackey claims, has inflicted considerable strain on his marriage, describing it as 'harassment'.
In response to these events, Mackey is now seeking both actual and punitive damages through the lawsuit, alongside an injunction aimed at preventing similar incidents from occurring to other AirBnB customers in the future.
AirBnB has since initiated a motion to compel arbitration regarding the matter, and Fohler has sought to have the lawsuit dismissed. Mackey has been given until February 21 to respond to these motions.
