A spat between an Airbnb host and a married guest has been dragged to court after the “superhost” emailed a photo of the man with another woman to his wife. Shawn Mackey, the guest from Mississippi, is suing Airbnb and “superhost” Pamela Fohler for the fiasco and the “damage” that Fohler caused to his marriage. "The plaintiff’s marriage has suffered as a result," said Mackey’s 22-page complaint, which was initially filed last September.
Highlights
- After negative review, Airbnb superhost sends guest's cheating photo to his wife.
- Guest Shawn Mackey sues Airbnb and host Pamela Fohler over privacy invasion and marriage damage.
- Mackey faces extreme emotional distress and public humiliation after the incident.
- Fohler retaliates to negative Airbnb review by threatening to post cheating photos on YouTube.
- Mackey seeks damages for privacy invasion and action against similar future incidents by Airbnb hosts.
Mackey has faced "extreme emotional distress" and "public humiliation" due to the incident, the lawsuit added.
Image credits: Airbnb Newsroom
The series of events began in September, 2022, when Mackey booked a stay from Sept. 9 to Sept. 11 at Fohler’s Airbnb in Memphis, Tennessee, according to the New York Post.
Mackey rented the three-bedroom, two-bath home, named ‘Little Bit More Country,’ which Fohler was renting out for $567 a night.
In an email exchange that was attached with the court filing, Mackey told Fohler that he may invite additional guests over for a “very low-key” dinner.
"That sounds like a lovely time," Fohler replied. "I would be delighted to host you all."
The series of events began in September, 2022, when married guest Shawn Mackey booked a three-night stay at host Pamela Fohler’s Airbnb in Memphis, Tennessee
Image credits: Mississippi District Court
Fohler told Mackey during their initial exchange that he would have to provide a list of names of all the guests staying at the Airbnb.
The superhost had also sent Mackey a lengthy list of rules that forbade guests from smoking, vaping, making excessive noise, having unregistered guests from the local area over, or parking in front of the garage doors or on the right side of the driveway.
The rules also included: no skinnydipping and no glass, food, drinks, or urinating in the pool.
Fohler also made it clear to Mackey that he would be fined $500 "at our sole discretion" if the police were called to the property "for any reason."
He would also have to pay a $250 fine, plus cancellation of the stay, if he arrived with additional guests, the host added.
In the exchange between Fohler and Mackey, the host also reminded him that the property had security cameras outside the house that were functional “at all times and are used to verify Guest count, noise, and any disturbances.”
“We will take great care of your home,” Mackey assured his host.
During his stay, Mackey broke several house rules, including inviting unregistered guests and partying
Image credits: Mississippi District Court
On the day of Mackey’s stay at the Memphis Airbnb, he sent Fohler an updated guest list a couple of hours after he checked in. He also noted that a few more guests may be joining him and added, “Only 4-5 will be staying overnight.”
"Hello Shawn, we will be able to accommodate a max of 8 guests," Fohler replied, according to screenshots from the lawsuit. "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."
As the evening progressed, Fohler sent another message to Mackey and demanded that he either add the extra guests’ names or have them leave immediately, according to Mackey’s filing.
She also claimed that she had received complaints about disturbances and yelling from the property.
"You have violated the no-party rule, disturbed my neighbors by cursing and yelling in the parking lot, and have unauthorized guests," read one of Fohler's emails
Image credits: Mississippi District Court
"Hello Shawn, I am asking you to either add the extra guests now or have them leave immediately," read her email, 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."
In less than half an hour, another message allegedly came from Fohler: "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. I am asking you to leave now. I can’t allow you to stay, I am sorry."
In the lawsuit, Mackey refuted Fohler’s claims of yelling and profanity on the property. He called her accusations “unfounded” and asserted that “none of this was true.”
According to Mackey’s account, he called Fohler’s number and spoke to her husband because he had nowhere else to go, and the husband assured him that he could stay the night.
As agreed upon, Mackey left the next day, and he left a negative review on Airbnb’s website in addition to asking for a partial refund of $502.46.
Mackey left the property and wrote a negative review on Airbnb’s website, prompting the vengeful superhost to email his wife a security camera photo of him with another woman
Image credits: Mississippi District Court
Consequently, “Fohler began harassing [Mackey] about his review and was obviously concerned about her Airbnb Superhost status,” the lawsuit claimed.
Airbnb later contacted Mackey and said his account would be suspended as they investigate the claims.
Mackey responded to the company and said he didn’t violate any rules and urged them to check the surveillance footage from the property.
Days later, Mackey allegedly received a message from Fohler, who threatened him with a picture of him and another woman.
“Hello Shawn, hope you are well,” read the text. “Sorry, it took so long to get the photos you requested together to show your stay at our home. But I had faith, [and I] 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 [Mackey’s wife] Teresa, or will you?”
Now, Mackey is suing Airbnb and "superhost" Fohler, accusing both of invading his privacy and causing "damage" to his marriage
Image credits: Mississippi District Court
Fohler also said the video files were too large to send via text and allegedly threatened to post them on YouTube “shortly.”
The debacle did not end there, as Mackey later received a hefty bill from Airbnb for $960. The bill included a $160 fine for four extra guests, $500 for violating two house rules, and $300 for “moderation of your review.”
When Mackey refused to pay the bill, a vengeful Fohler allegedly emailed the photo of him and the other woman to his wife from a fake email account: Shawn69@outlook.com.
“Fohler began harassing [Mackey] about his review and was obviously concerned about her Airbnb Superhost status,” the lawsuit claimed
Image credits: Mississippi District Court
“Instead of reacting as any decent person of even decent corporation would at such illegal and abhorrent and evil conduct, Airbnb sided with its Superhost, its co-defendant, Fohler!” the lawsuit said, according to the Daily Beast.
Mackey “has suffered economic damages, and damages to his marriage, and emotional damages as a result to [sic] the Defendants’ invasion of his privacy rights,” according to his lawsuit, which also noted that his relationship with his wife deteriorated because of the photo.
Mackey is seeking actual and punitive damages, as well as efforts to “prevent similar action taken against [other] customers of Airbnb"
Image credits: Mississippi District Court
He is seeking actual and punitive damages, as well as efforts to “prevent similar action taken against [other] customers of Airbnb.”
Fohler, in a response filed in court last December, denied sending the email to Mackey’s wife. She also insisted she “has never had any kind of correspondence with [the] plaintiff’s wife.”
"Next level pettiness, and I'm here for it," someone commented
