Payback is sweet…until you get sued. In an explosive claim, a Mississippi man claims that his Airbnb host sent surveillance photos of him with another woman to the man’s wife causing irreparable harm to their marriage. The host denies she sent anything.
Explosive Claim: Airbnb Host Sent Man’s Wife Photos Of Him With Another Woman After He Left A Negative Review
Shawn Mackey rented a large house in Memphis, Tennessee that Airbnb host Pamela Fohler said could host up to 12 guests. He was attending a football game and wanted to host friends. But he did not bargain for the level of supervision he would face.
Fohler instructed Mackey to “register” any visitor to the property, even if they were not staying overnight. Additional “house rules” included prohibitions against:
- smoking or vaping
- excessive noise
- guests from the local area
- parking in front of the garage doors or on the right side of the driveway
- glass, food, drinks, or urinating in the pool
- skinny dipping
Mackey was also warned there would be a $500 “fine” if police were called and a $250 fine (plus cancellation of the stay) if additional guests showed up who were not registered.
A further warning:
“SECURITY CAMERAS on the exterior of the house are in use at all times and are used to verify guest count, noise, and any disturbances.”
Yikes.
Mackey sent ahead a guest list that included nine named guests “and maybe a few more.” He also mentioned that only four or five would be staying overnight.
Fohler quickly wrote back saying that only eight guests could be accommodated and there would be an additional charge for each one.
“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.”
Before Mackey could respond, Fohler emailed again:
“Hello Shawn, I am asking you to either add the extra guests now or have them leave immediately. 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.”
Once again, before Mackey could even respond:
“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.”
Mackey finally stepped in: not so fast.
Only five guests were actually present, all named. He denied that he or anyone in his party yelled or cursed in the parking lot.
Per the lawsuit, he called the host, spoke to her husband, and smoothed everything out. Per his lawsuit, they were not asked to leave. On the contrary, they were told they could stay. And they did until the pre-arranged check-out date.
But upon check-out, Mackey was hit with a $960 fee for alleged violations. He protested and left a negative review. This prompted Fohler to “harass” Mackey over the negative review (she eventually got Airbnb to remove it).
Mackey was adamant he and his friends did nothing wrong and demanded video and audio evidence to prove it, noting that Fohler had cameras all over the property.
Eventually Fohler did share some photos and sent Mackey the following text:
“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?”
Teresa is Mackey’s wife…
Backed with photo evidence, Airbnb upheld the $960 fee, including:
- $160 for four extra guests
- $250 for having local guests over
- $250 for excessive noise
- $300 for “moderation of your review”
That last one is a head-scratcher.
As a result of the shared image (above), Mackey alleges, “The plaintiff’s marriage has suffered as a result,” and caused “extreme emotional distress…public humiliation…and mental anguish.”
But the story takes one more twist.
Remember, that text message above was to him.
A few weeks later, after Mackey refused to pay the $960, an email account (“Shawn69@outlook.com”) that Mackey had never created sent the photo above to his wife’s work email, along with the line: “I love your bag, where’d you get it?”
Fohler denies she sent the note.
My Thoughts
I think Mackey was guilty of making noise and bringing in more guests….he may have been fooling around with another woman too. But I also think that the rules and security cameras were far too much in the first place and it seems to me there is no other reasonable suspect other than Fohler as far as who sent the email to his wife.
I think this whole incident shows why I am generally happy to avoid Airbnb and also why some of these so-called “sueprhosts” are simply not worth dealign it. The laundry lists of rules may it seem like a military boarding school…
I’m not particularly sympathetic to either side, though it will be interesting to see how this case progresses and I will be following it closely.
You can review the lawsuit here. Everything is there. All the email exchanges are included in the record.
CONCLUSION
An Airbnb hosts faces a lawsuit after a guest claims she deliberately and maliciously sent a photo of him with another woman to his wife. As we await for more facts to emerge, I think the takeaway is that you best understand what kind of host you are getting involved with before renting via Airbnb or any other booking platform.
image: U.S. District Court for the Southern District of Mississippi
I’ve been disinclined to stay at any Airbnb in the past but after reading this I’m no longer disinclined: now I will never stay at one unless the only alternative is freezing in the street.
On a side note while I personally disagree with the guy cheating on his wife I hope he wins his lawsuit.
He has no business winning the lawsuit. The host had no responsibility to maintain his privacy assuming he can even prove they sent it. Second, the rules are available prior to booking. If he didn’t like them he shouldn’t have booked. Lastly complaining about the rules after you break them and LIE ABOUT IT (remember the call that smoothed it over and then dispute with AIR BNB getting involed?). He’s an asshole to everyone and I seriously doubt his wife is surprised.
Unless you purchase a home as an investment just to use for rentals I will never understand this industry. Who wants other people F’ing in their house?
But using Shawn69 is hilarious as a side note.
A friend is in the process of building a carriage house for an Air b &b. She has never stayed in one, but has the notion it will be “fun”. I question her sanity
We stayed in a carriage house version of one while searching for a house in our “soon to be” new town at that time. It was nice because it was serperate from the owners lodging and I think those types of Air b&b units are probably respected more since the renters know the owner is on sire. I wish her luck but I don’t think I would attempt it personally.
I have never booked an Airbnb (only stayed in ones a couple of times when travelling with friends who had made arrangements) and certainly that’s not going to change now. However I do wonder about all these fees, what kind of material loss has the owner suffered because of the noise? It seems like people writing themselves a blank cheque- isn’t there consumer law against that sort of thing?
I hope there’s a criminal investigation into the email and they end up with huge legal costs and a suspended sentence/criminal record.
Another reason to avoid AirBNB.
I have never and will never stay in an Airbnb. I planned to once, but the “SuperHost” went ballistic after I canceled the week my state (and the state where the Airbnb was located) went into lockdown for Covid a few years ago. Flights were canceled, restaurants weren’t open, some hotels started to close, and this SuperHost ranted and raved on voicemails and emails about how “your car still works, doesn’t it?” No sympathy from Airbnb. Closed my account have never even looked for one since.
I think the media/blogs/etc are jumping to conclusions about the subject guest cheating on his wife. The only “proof” is the photo shown. No videos of whatever, just that one photo. Threatened videos but never produced them.
And to Dave Edwards point, yeah, who wants other people in their house? And even if it is an investment property, why are people sitting there like voyeurs watching their property over cameras in real time? Seriously… Trying to film Big Brother?
My experience with booking.com over an apartment booking in Japan in March 2020 (just around lockdown time) was completely different. Not only did they promise to try and get us a refund for our (obviously cancelled) stay but, if the owners refused, booking would refund us with their own money. And, yes, we got a 100% refund.
A lot of these rules that seem onerous are there because home owners are not allowed to screen guests based on objective demographic criteria. It’s very easy to say no pit bulls because we know that a high percentage of deadly dog attacks come from this breed. Unfortunately, this can’t be done openly with different groups of persons who similarly fill all those violent crime statistics. So home owners have to be very specific in the rules for their listings in hope the trouble makers don’t book and are deterred by the rules. Only in America can people claim there is freedom but you are not allowed to screen your guests in a property you own without being sued for discrimination. That’s the opposite of freedom. Then home owners are left with damage, fines, and ruined relations with their neighbors because they can’t screen good guests.
It’s why everything nice is expensive. Carnival is cheap and the troublemakers flock to it. MSC is cheap but the European languages and European flow to it keep it a good line for families even if the rooms are ugly and decor is tacky. Royal Caribbean and Celebrity charge more so less troublemakers book.
I’ve never booked with Airbnb because I want a 4 or 5 star hotel with room service, security, daily housekeeping, a restaurant, and luxury amenities. I don’t want to stay in someone’s home. Airbnb seems to be safer for home owners in vacation destinations so the high general price of hotels or short term rentals mean the airbnb listing price will deter most of the troublemakers from booking. Memphis certainly is not an area you want to be listing your home in.
The problem is with the perception of customers as ‘guests’. It’s one thing when professionals in the hotel industry use such a term, and quite another when it’s done by someone literally renting their own house to random groups of visitors.
That is some stealth racism right there…
There is nothing stealth about this, what David said is straight racist and a normal blog would remove it. He is saying it without saying it that an Airbnb host should be able to deny black people based solely on their skin color. He is also seems like someone, paradoxically, who would argue that there is no racism in America after making a blatantly racist statement,
We don’t delete opinions that make us uncomfortable.
I’ve stayed in over a 100 Airbnbs in the last 10+ yrs, mostly outside the the US and most without cameras. And 99/100 times I knew exactly what I was getting going into it by scrutinizing photos and reviews. I have also used good experiences at particular Airbnbs to return to the same Airbnb on a future trip but cutting Airbnb out of the equation and dealing with the host directly. While some hosts have declined, most have been agreeable and welcome taking home more cash (that could be off the books). Airbnb continues to provide value where I can stay in a particular local neighborhood which puts me closer to a venue(s) and even obviates need to drive or use a rideshare as much or at all on a trip.
I generally avoid Airbnb’s with long rule lists.
Same here. Great experiences with Airbnb, some not so great but none real bad.
But a long list of rules means the host is expecting trouble, and may find it despite my best efforts. Skip.
Here it seems like a property that’s perfect for a pool party, excerpts that it drives the neighbors crazy. So the host keeps renting out to guests planning to party, but bombards them with anti-party rules.
This can’t end well.
I never used and never will use Airbnb. I don’t want to stay in other peoples houses. Why would anyone rent a place with all those rules. Surveillance cameras? The owner gave all signs she was nuts and this guy made a huge mistake of renting from her. His fault.
Most of the violations can only be ascertained by video cameras inside the dwelling. Fines based on neighbors complaining beg the question : what qualifications do the neighbors possess to make determinations of excessive noise? Are hard of hearing individuals excluded from this neighborhood?
I’ve used AirBnB 11 times — in 12 years or so.
It has its place.
Almost all were places all to myself…no sharing with a host anything.
Only 1 out of 11 did I have a semi-unresponsive host. But the stay was fine…not sure about security cameras.
My biggest concern these days is hidden cameras, but not much to hide…so don’t care that much. Not sure how much I’ve actively looked for a hidden camera before.
I’ve only done Airbnb a handful of times, and overall they were all ok experiences. Then again, I’ve never stayed in a place with that many rules and never hosted a party in one, so I guess I was lucky in that regard.
For some locations airbnb has been absolutely fantastic for me and my family.
As an example, we rented a house that had a fantastic view of the cliffs of Moher in Ireland in the village of Doolin. Plenty of room for the family and we could cook our own meals- there’s nothing comparable in that area using a hotel or other form of traditional lodging. We rented 5 nights at someone’s vacation home, there was no sharing.
If you look at the worst complaints about airbnb and decide that you’ll never do it, I think you’re missing out on some great places to stay and deals based on a selection bias. It’s somewhat analogous to those who refuse to stay in any hotel after reading about bedbugs, or refusing to fly anywhere after reading about a plane crash.
From my perspective, it’s a case of risk management – the risk of something bad happening may be relatively small, but there is a non-zero probability of something truly horrible happening. Personally I can’t stand the thought that the keys to the place I’m staying have passed through hundreds of hands and nobody really knows whether people have made copies. You don’t run that risk when staying in a hotel with constantly staffed reception and room entry logs.
In case anyone thinks I am being paranoid, this stuff is in the public domain- see link- and a good friend of mine had things stolen from an Airbnb flat in an upmarket neighbourhood in Athens. https://metro.co.uk/2021/06/17/airbnb-has-secret-clean-up-team-to-keep-horror-stays-out-of-the-press-14785612/
I’m sure it happens. 9 out of 10 stays have been thobs or codes (which are changed after each stay). Similar to hotels, I look valuables away.
First off how did she know anything about his wife unless he used his wife info to book the Airbnb. She was wrong if she did that, but he was also wrong for taking a woman back there knowing that there were cameras in the house. Also if he knew you had information about his wife. Stupid! She had no right to do it and should be sued, but his marriage is over. He might have the law suit, but needs to reconcile his marriage with a lot of making up to do
Was always against Airbnb’s as these that run them seem to think they have such power. Hope he wins the lawsuit and shuts this place down.
I have used airbnbs since 2012. I always get an entire property, never share.
Up until last year, all my airbnbs were in the USA.
This was my experience last year.
Medellin – first airbnb was ok, but the second one was spectacular for the month. The host tried to charge us for ripped sheets, and two broken plates, which was not true. He straight up demanded $75. Well guess what! What he was not expecting was that I take video upon arrival and departure of any long term hotel or airbnb stay. I had evidence, and he went quiet. A week later he apologized and said it must have been the guest prior and that the service had not checked. (yeah, it must have been, because it was not us). He had already given me a great review (rightly so) and so I did the same and let it be.
Lima – Had cameras and the building was still under construction, it was not great, so we left. Argued airbnb into a full refund. I did not give up.
Lima (replacement). Was less fancy, but wonderful wonderful. Actually returned there. Great host. Full check-in and check-out instructions, and a manual for the stove (since they work very differently in South America).
Cusco – Everything worked well. No issues at all. Lots of pre arrival info.
Arequipa – Perfection. Host even picked/dropped off at airport.
Buenos Aires – The place was great. AC was not working, but the guy bought over fans and was lovely.
Montevideo – The place was good enough.
My overall point is, that you must CHECK the pictures, and read what they are saying and not saying. The more rules, the more red flags. It should be like a hotel. Treat it better than you treat your own place, because it is someones place. ASK questions. If you drive a rental car hard because it’s not your car….do not go to an airbnb. I treat a rental car like its my own.
Airbnb’s can be worth it outside of the USA, because the value is massive. You can have a luxury penthouse for the price of a regular hotel room, many times less. Even regular apartments offer up massive savings. In the USA, airbnbs are not worth it in places like LA and NYC, unless its long term.
BIG RULE: Take video upon arrival, close up of high value items (TVs and electronics) mirrors and windows. Take video on departure (repeating arrival) and keep it rolling as you exit the apartment. YOU HAVE PROOF. It takes 1-2 mins in and out. Its nothing. Otherwise, face bogus situations.
Banning “local guests” is interesting. I guess “locals” aren’t a protected class, so it’s permissible. Could I ban guests from Nebraska? It’s not discrimination based on national origin. Obviously this host, in Memphis is trying to ban Black people. That is racist and wrong, but also an interesting loophole in the verbage of US discrimination laws.
OR more likely they are trying to keep people from renting their house for parties or drug dealing? Here hotels won’t rent rooms to locals, regardless of race, for those reasons.
Interesting indeed.