An Airbnb host allegedly tried to retaliate against a guest who gave his property a poor review by threatening the married renter with a security camera photo of him and another woman and then accidentally hitting send.
Shawn Mackey, who lives in Mississippi, was the guest who rented a house in Memphis advertising itself as “Little Bit More Country” for a weekend reunion with old friends and tickets to a fall 2022 football game.
He booked the Sept. 9-11 stay for himself and three other guests, but said he might invite a few other old friends over for dinner. Mackey rented for $567 a night.
Mackey, who lists his own home on Airbnb, refused to pay an additional $960 fee for the three-bedroom, two-bathroom rental run by “Superhost” Pamela Fohler, who also said he violated two house rules and invited more guests than promised.
According to a lawsuit filed by Mackey in Mississippi district court, Fohler allegedly responded by emailing Mackey's wife a photo of him in front of a surveillance camera with another woman.
An Airbnb host attempted to retaliate against a guest who gave his property a poor review by threatening the married renter with a security camera photo of him and another woman, then accidentally hitting send
The “Land” border advertises itself as a place where you can “forget your worries in this spacious and quiet space”! Its listings told prospective renters about the “gorgeous home on the edge of town” and added that it can accommodate up to 12 guests.
Fohler asked Mackey to “register” anyone who might show up that weekend, regardless of whether they wanted to spend the night or not. Mackey agreed and Fohler said she could update the guest list at any time.
The rules presented by Fohler called for no smoking or vaping, excessive noise, unregistered guests, parking in front of garage doors and several other requirements, including things like “no urinating in the pool” or skinny dipping.
It also warned about the ill-fated surveillance cameras outside the premises.
“Rest assured, we will take the best care of your home,” Mackey wrote to Fohler in an email.
When Mackey arrived on September 9, he gave Fohler a list of dinner guests, nine in all, plus “maybe a few more,” four or five of whom would stay overnight.
Fohler wrote back 10 minutes later: “Hi Shawn, we can accommodate a maximum of 8 guests.” This is due to city restrictions and capacity in our home. I'm sorry we didn't talk about it [sic] the number of guests triples.'
She added that there would be a cost for every guest, including those not staying overnight.
Shawn Mackey, who lives in Mississippi, is the guest who rented a house in Memphis that advertises itself as “Little Bit More Country” for a weekend reunion with old friends and tickets to a football game in July 2022
Mackey, who lists his own home on Airbnb, refused to pay an additional $960 fee for the three-bedroom, two-bathroom rental run by “Superhost” Pamela Fohler, who also cited violating two house rules and invited more guests than promised
Fohler contacted Mackey again 45 minutes later and repeated her request.
“Hello Shawn, I ask that you either add the additional guests now or let them leave immediately.” We have also received complaints about disturbances, shouting and profanity in the parking lot. “Our home is in a quiet area and we need to maintain that.”
After hearing about more complaints, Fohler texted Mackey again another 15 minutes later.
“I'm very sorry, but you violated the party ban, disturbed my neighbors by cursing and shouting in the parking lot and had unauthorized guests. I ask you to leave now. I can't let you stay, I'm sorry.'
“None of this was true,” Mackey claims in his lawsuit, adding that only one additional guest showed up, leaving Fohler's home with five people and denying any partying, noise or swearing.
Mackey decided to call Fohler and received a response from her husband, Jamie. After explaining what happened, Jamie claimed Mackey could stay.
Pamela Fohler contacted Mackey again the next morning via the Airbnb app, confirmed he would be checking out the next day, gave instructions to strip the beds and load the dishwasher, and wished him “bon voyage.”
Mackey claims he did just that, according to the lawsuit.
The “Land” border advertises itself as a place where you can “forget your worries in this spacious and quiet space”! Its listings told prospective renters about the “gorgeous home on the edge of town” and added that it can accommodate up to 12 guests
After hearing complaints, Fohler wrote to Mackey saying he had violated the “no party rule.”
“As he left the property, [Mackey]“Having broken no rules and spoken to the host, he thought all the problems had simply been resolved, it was just a misunderstanding,” it said.
However, he chose to leave a negative review and requested a partial refund of $502.46 but was denied.
The lawsuit alleges that after the review, Fohler “began harassing Mackey” because he was concerned about her status as an Airbnb “superhost,” and the app even went so far as to remove the review.
An Airbnb representative contacted Mackey on September 14 and told him they were investigating his claims and would temporarily suspend Mackey's account and threaten permanent termination.
Mackey tried to explain himself in an email to the representative on September 15, insisting he had done nothing wrong.
“If my issues, concerns, hostile treatment or discrimination are not a problem for Airbnb, then by all means suspend or terminate my account,” he concluded.
Mackey claims Fohler sent him a text message on Sept. 17 with the photos of Mackey and another woman.
“Hello Shawn, I hope you are well.” We are sorry that it has taken so long to compile the photos you requested showing your stay at our home. But I had faith and was driven by integrity, so I committed to publishing these for you and Airbnb. The photo at 3:16 a.m. is particularly notable. Should I forward the photos and videos to? [Mackey’s wife] Teresa, or is she?'
Airbnb still fined Mackey for rule violations, even though he said he didn't break any rules and was harassed by Fohler
Fohler then threatened to either email Mackey's wife a video of himself in front of a surveillance camera with another woman
She then allegedly threatened to publish it on YouTube because the file was too large for text messages.
On September 19, Mackey received a bill from Airbnb for $960, which included a $160 fine for the additional guests, $250 each for violations of rules regarding domestic guests and excessive noise, and an additional $300. dollars for “moderating your review.”
Mackey said he would not pay the charges and said Fohler allegedly responded by harassing him and setting up a fake email account in his name with the innuendo username “[email protected]” as “retaliation.” for his non-compliance”.
On September 20, Fohler allegedly emailed the image to his wife with the subject line “nice bag” in reference to the photo. The copy said: “I love your bag, where did you get it?”
Mackey then claims that Airbnb would not support him “instead of responding to such illegal and abhorrent behavior like any decent person or even a decent company.”
“Plaintiff’s marriage suffered as a result,” the lawsuit states. Fohler caused him “extreme emotional distress,” “public humiliation” and “mental anguish.”
Fohler denied sending the email and said she never corresponded with Mackey's wife in a countersuit filed in December.
Mackey is suing for “economic damages and damage to his marriage” as well as emotional damages resulting from this [sic] the defendant’s interference with his personal rights.”
The email sent to Mackey's wife under a false name, along with Mackey's most recent complaint to Airbnb
In a text message seeking comment, Mackey told The Daily Beast: “I would like to speak with you, but my attorney has advised me that it is not appropriate now.”
Neither Mackey's attorneys nor Fohler's attorney have commented publicly beyond their legal claims.
Fohler filed a motion to dismiss and Airbnb filed a motion to compel the parties to arbitration. Mackey has until February 21 to respond.