I AM the OP- my last update was posted by myself (u/atypicalcommonplace) herewith special shoutout to u/boringhistoryfan for teaching me about this subreddit and how to use it!

Last update here - posted March 4th, 2023

Trigger warnings: privacy violation survelliance humantrafficking

Original Post and Update here. Skip ahead to 🔴🔴🔴 for new update

Airbnb Allowing host to place cameras in the room where I would be sleeping September 30th 2022

Hey all, ironically I am a lawyer myself though I am no longer practicing and my area of expertise was way outside this scope - .. More on that below.

In a nutshell, I booked a last-minute Airbnb in New York City listed it had security cameras. Fine, no problem, I understand having a camera at the outside of the door. Once the host received my booking I got an email asking me to confirm that I was aware that the cameras were inside the Apartment where I would be staying. Since this was also a studio apartment, that meant that the camera was inside of the room where I would be sleeping, changing, etc.

I immediately asked the host to please call me, there were a number of other weird rules like me having to send him a picture of my ID even though I am outside on Airbnb of course, and while waiting 20 minutes for a call back I read some of the other views for other properties and realize this was all very very sketchy. Before the host called me back I let them know I wanted to cancel. The host said he would not accept my cancellation, even though this was less than one or two hours after I had booked, and was based on new information he gave me that was not previously accessible in the stated house rules or else were upfront in the listing. I said I would contact Airbnb.

I spent about an hour on the phone with three different Airbnb people, the last told me that I would be receiving a refund. I verbally confirmed this before I went to a hotel and booked it based upon this statement from Airbnb. They asked me if I could send proof of the camera being inside of the room, I said that I didn’t even go over to the place and had no interest in doing so now, but I shared a screenshot of the hosts message to me. They said this was adequate for me to move forward and that afternoon I received a written note saying that I would be refunded and also reimbursed for a portion of my hotel stay.

The next day, I received a message from Airbnb saying that they need the host to approve the cancellation and that they would really look into this on Friday. I was extremely confused because this totally contradicted the information I had been given and relied upon the day before. I called and was told I would receive a call that “soon“. After 48 hours I still had not received a call back so I called again. After explaining the situation the person on the phone said that I was right, that this was a violation, and that I would receive a refund as well as the reimbursement. I thanked him, confirmed I received the message, and went about my day. That night, I received another message from Airbnb, please note again that this was not a call just a random message saying that I would not get a refund after all. I once again called this morning, explain the situation, was told they would resolve it and that I was right, and then again, less than an hour later, got a message contradicting this fact and taking it back again.

Obviously, I want my money back and I would like some sort of compensation for the fact that I have now spent over 10 hours on this issue with over a dozen Airbnb customer service people who apparently do not talk to each other nor do they know about or understand Airbnb is expressly stated policy that cameras one should not be in the bedroom and two need to be clearly Disclosed. Not to mention the fact that I relied upon information they gave me to book another place. But this is actually much bigger Than me. I used to be an attorney representing human trafficking survivors and I cannot tell you the number of times that unknown surveillance devices were used against them. Now, am I trying to say that just by sleeping in a room with a camera I would be pulled into some sort of underground human trafficking ring? No. But the consequences of surveillance in private areas where we sleep and dress, particularly at this point in time in the United States where I live, are simply too high to let this go.

I need help figuring out what to do next. Thank you for any advice you can provide!

ETA:

Thanks all! Through my conversations with Airbnb today it has become clear that they believe there has been no violation even though there is a camera in the bedroom, because it is pointed at the door. By this point they have had five full days notice of cameras existing in private areas against their policies, and as this post has 30+ listings it could be extrapolated that there have been over 100 days of this issue occurring this week Alone.

Many types of cameras can be operated remotely these days, meaning that if you can send it to have a camera in the bedroom, all someone would have to do was trigger the remote device to turn the camera 1 inch and have it be pointed on your body. I am sure I do not need to tell Reded about the nefarious things people do on the Internet and, when Airbnb states expectation of privacy by clearly outlining rules for cameras, I am entitled to that right of Privacy. I was also a lawyer representing survivors Of Human trafficking and domestic violence. I saw all the worst ways that people can use cameras.

Throughout the day it is also come to my attention that this has happened to many other people. I’m going to be contacting a personal injury layer to see if An injunction can be placed against Airbnb requiring them to remove cameras from Any bedroom located Within any property. Will keep you posted…

UPDATE in Case Against Airbnb Where Cameras Were In My Bedroom

REPOST Airbnb Update in case folks want to ask me Q's and I can answer publicly here! December 13 2022

Link to initial post here

As per the mod comment - I created another post in case folks have Q's - happy to answer them!

Long story short - I booked a room on airbnb and later found out there was a camera inside the bedroom (it was a studio so everything was the bedroom.) Airbnb first said you are right, that is not ok, we will reimburse you and pay for 30% of the hotel I would have to book last minute. Then took it back. Then said I was right again. Then took it back again. And on and on. This was not only concerning to me personally but I believe it was a major safety issue that they were not taking seriously and that their customer service representatives clearly did not understand. I spent over 10 hours on the phone with them

I tried to contact airbnb customer support and ask for escalation. No response. I then contacted their listed executives a number of times. No response. I then used an online platform claiming to "help consumers against big corporations." This company said they would take 20% of whatever i got back, fine, whatever, I just want airbnb to stop allowing cameras in bedrooms! Guess what? Airbnb did not respond. So I continued on and filed an arbitration case as per the terms of service when you use airbnb.

Within TWO HOURS of the arbitration court contacting us about the matter, an ENTIRE TEAM of lawyers was sent by airbnb to go against me in my claim. Four lawyers, to be exact, each of which I am sure is billing multiple hundreds of dollars an hour. I shouldn't be surprised but the waste of resources astounds me. I am sure they are just trying to intimidate me and I am not falling for this BS. THIS is why all these companies charge so much. Because they refuse to handle basic customer service issues and then pass on these absurd things like lawyer fees to us, the consumer.

Anyways, just wanted to update y'all. For everyone's info, it costs $200 to file with arbitration so the fact that I have to have so much time and resources to fight for what is right already has me really upset. But such is the way when it comes to David v. Goliath.

I'll update as the case continues and thanks to everyone here who initially provided support and guidance!

EDITED TO ADD: Airbnb scrubbed all the correspondence I had with them and the original host. ALWAYS ALWAYS ALWAYS screen shot EVERYTHING the MOMENT you think anything may be fishy!

EDITED 2: To clarify/add more context. I myself am an attorney but I no longer practice and, even if I did, my background is in representing survivors of human trafficking.

Why is this relevant?

Well because the reason this makes me so angry is NOT just because of me. Want to know one of the many tactics used against my clients? You guessed it, recordings of them undressing/naked/sleeping, etc. At the worst they also drugged folks and taped them engaging in sex acts. Now, am I actually concerned that this would happen to me? No (it could but no). In part because I had the resources to refuse to stay and use a credit card to book a hotel. Some folks have mentioned in the other thread that I could have called the police but we know that calling the police doesn't feel like the safe option for everyone. So by allowing this airbnb is basically making someone choose between staying in a room with a video camera where they sleep/walk to bathroom/change, etc OR hoping they have extra $ to get a hotel OR feel ok calling the police. So I am fighting this because that is just absolutely unacceptable.

EDITED THREE; Some folks have also asked why they went back on their offered refund. First they said that I had "notice" because the listing said it had security cameras. Never mind you that security cameras in private areas (such as where you sleep) is against airbnb policies. When I brought THAT UP the customer service rep had the audacity to say "well the host said it isn't pointed at the bed" (WHAAAAA?/?!?!) In case you are unaware of technological innovations, you can remotely move a camera to point towards anywhere in the room. Yeah no. I'm fighting this.

EDIT FOUR: WOW Y'all, thanks so much! I will admit, I was a little freaked out yesterday when I saw the show of force airbnb tried to throw at me but you all have bouyed my spirits and given me fortitude for the fight. THANK YOU. But you also knocked off my AMA with my much-beloved-WW2-fighter pilot Great Uncle from my top post! LOL, He passed a few months ago so, in case you want to read a story of a REAL American hero - including an anecdote that continues to make me die of laughter - you can do so here-https://www.reddit.com/r/IAmA/comments/tcqhhq/im_jack_hallett_a_101_year_old_ww2_fighter_pilot/

Second Update Posted Jan 27 2023

First post

First Update

Side note: I have no idea where to answer folks questions as this forum doesn't allow comments on updates my last post on legal off topic was removed because "it is not an ama" so if anyone knows where I can answer people's Q's and we can discuss this lemme know! <3

Well friends, looks like we are going to (arbitration) court*! Airbnb "responded" to my complaint basically stating the following:

1. Airbnb has no liability for anything under their terms of service. Quote they used in their response from TOS section 18 "W**e provide the Airbnb Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied." Interesting side note they also explicitly stated that their background checks don't really mean anything which is fascinating to me as they really make a big deal about "safety." Reminder - their own policies say that cameras in private areas/bedrooms is not permissible.

2. Even if Airbnb was liable I waived all claims by signing said Terms of Service.

3. I can't sue airbnb because my alleged damages were the action of third parties and airbnb didn't cause any of them. Which, reminder, isn't true because I expressly relied on Airbnb's customer service rep.

4. I consented to whatever happened to me happening to me by signing the terms of service.

5. I am claiming more than I should get - ie they are saying I am "unjustly enriching" myself due to my wanting to be compensated for lost time. Reminder I am a consultant and former lawyer who actually consults on these issues as a profession.

6. *"*Laches" - which is unreasonable delay - reminder I contacted them less then five minutes after discovering the issue.

7. I failed to mitigate any damages - see my first post - this is probably the most laughable

So - WE ARE GOING TO (arbitration) COURT*! An arbitrator was assigned today and a court date is upcoming. Now, some of y'all may think it is not good of me to be posting this as airbnb and their lawyers (hi) may see it but, if you have read my previous posts, you know that this isn't about me specifically but about the madness of what airbnb is doing and shedding light to y'alll about what may happen if you have a known safety issue against airbnb's own internal policies.

Reminder - companies that use arbitration clauses do it specifically so that these issues are kept out of the public eye because they are not public record like typical lawsuits are. So I'm here letting y'all know.

Final reminder: Airbnb now has to pay $2,900 in filing fees for the case. There is a $2500 day rate for the arbitrator and the law firm coming against me has four lawyers working on this. They are paying way more than they would have ever owed me (which, reminder, they told me they would give me). I ask you why? Why would they do this unless they truly and deeply believe it is ok for there to be cameras in your space despite what their policies say. And/or this is the beginning of a new trend for airbnb to refuse to take any responsibility for anything occuring to you while you use their platform.

I'll keep y'all posted as to what happens next.

*Yes yes, I know arbitration isn't technically court but this whole thing is so infuriating I'm taking my kicks where I can get them ;)

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🔴🔴🔴 Latest Update

UPDATE FROM COURT:Posted March 4th, 2023

Original Text:

Super TLDR: There was a camera in the studio apartment I booked on airbnb. Airbnb agreed that was in violation, offered me a refund and hotel reimbursement and I moved on. Airbnb later went back on their word and I spent over 10 hours fighting customer service. Airbnb corporate didn't respond to anything I said and I filed in arbitration, not wanting this to happen to anyone else in addition to me getting my $ back, as they are ostensibly saying that cameras CAN be in sleeping areas. Airbnb is sending a team of lawyers to fight me in arbitration court and I had the preliminary hearing last week, March 1st.

A few interesting notes from arbitration:

• We have court hearings and memo dates scheduled over the next few months with the full hearing to take place on April 20th.

• I could have said I was ok doing the case "on the documents" but I said I wanted a full hearing. I have the choice for it to be in person but would need to prove cause for that so it will likely be via zoom.

• Airbnb only sent one of the four lawyers to the hearing (which was telephonic.)

• Airbnb requested to file what is known as a dispositive motion, basically saying I have no basis to be making any sort of claim.

GOOD NEWS/LEGAL NEWS: I have a week to amend my case which I will be doing to include something a friend found for me called MA Chapter 93A - which is a consumer protection law that I can utilize since I am a resident of MA. Apparently we have one of the best states for consumer protection and you can read about how it was used against airbnb in the past here. If any redditors know of any other laws you think I should throw at this please please DM me! I need help and all my calls to lawyers/requests for help have gone unanswered! 93A allows me to seek triple damages so I will def be doing that.

INTERESTING NEWS: A lot of redditors have noted that Airbnb will try and keep me quiet and you were right! Towards the end of the hearing their rep said they "wanted to make sure we were all on the same page in regards to confidentiality" because I had said I may try and speak to the press (I thought they would have brought up reddit here as well but it seems so far these missives have not yet been uncovered). The judge asked on what grounds they were requesting this and they seemed to try and argue that it had to be confidential by virtue of there being a case. I said that wasn't my understanding and the judge agreed, asking for a citation to governing rules stating as such. They cited a rule saying that a judge COULD order that it be kept confidential but the judge interjected and said he had not been asked to make any such order and they would need to file a motion requesting as such.

So I guess I will see if they file such a motion which I will, of course, argue.

Other FAQ'S

• Yes, I have tried to get the press interested in this story. One major paper was almost going to write about it but they couldn't "find evidence it was a big enough issue." Please if you have press contacts I am happy to chat! I WANT airbnb to stop allowing this! That is really all!

• I have started to try and find counsel as well since, if they do try and quiet me, I will need more resources to fit that. So far no luck so I am still on my own :)