AMHERST — Amherst native Lauren Burke has been using Airbnb since 2011, regularly making use of the online platform to stay in homes and apartments across the country, and giving her the ability to access unique experiences.
Understanding that property owners take steps to promote the safety of those renting from them and to protect homes being rented out, Burke is never surprised to encounter security cameras. In fact, Burke observes that people in modern society are under constant surveillance by both public and private cameras.
But during a weeklong stay in New York City last September, Burke found what she contends was an illegal camera, based on Airbnb’s policies, set up inside a studio apartment, prompting her to change her reservations to a Manhattan hotel out of concern about a potential invasion of privacy. Yet so far, despite her appeals, she says Airbnb is refusing to uphold its own policies and reimburse her for out-of-pocket expenses.
Now Burke, who has worked as an immigration attorney, is suing, bringing her claims to an arbitration court in Massachusetts, and hoping to shed light what she argues are deceptive practices by the company that is not acknowledging the problem or clarifying its rules, or providing her the $1,500 she is owed.
“It feels deceptive, dangerous and deranged,” Burke said of the situation.
She brought forward her initial claims to Airbnb on Oct. 8, and filed amendments in arbitration on Nov. 21. Those seek reimbursement and compensation for 30% of her out-of-pocket expenses, as well as making arguments that Airbnb breached its contract and failed to protect her.
Burke is requesting relief through the arbitration under any and all federal, state and local laws, rules and regulations the arbitrator deems applicable in the situation. As a Massachusetts resident, Burke is also asking for relief under the Massachusetts Consumer Protection Act in state General Laws Chapter 93A, which broadly prohibits the use of “unfair or deceptive acts or practices” in trade or commerce.
The main contention centers on the community policies Airbnb has for “use of cameras and recording devices.” She points to the section titled “What We Don’t Allow,” where it is stated: “Concealed and undisclosed devices monitoring common spaces: Any device monitoring a common space should be installed in a visible manner and disclosed in the listing description. Devices located in or monitoring private spaces: Devices should never monitor private spaces (ex: bedrooms, bathrooms, or common areas that are being used as sleeping areas, like a living room with a sofa bed). Disconnected devices are allowed as long as they are turned off and proactively disclosed to guests.”
“You would assume Airbnb has this rule for a reason,” Burke said.
Burke’s problems began when she arrived in New York City and got a message from the person who placed the apartment listing that she would have to show her ID and have it snapped by the camera. Being a studio apartment, where only the bathroom is separated from the main room, Burke expected the camera to be outside. Instead, it was inside, where it could be controlled remotely.
Burke immediately reached out to members of Airbnb’s safety team and customer service representatives, including one person named Jen, who confirmed that the undisclosed camera inside a private space “wasn’t OK.”
Burke is concerned that other unsuspecting travelers using the Airbnb platform may not be protected and could face the same situation. She has over 15 years of experience representing, supporting and advocating for survivors of human trafficking, domestic violence and sexual assault. Burke is the founding legal director of the New York Asian Women’s Center, now known as Womankind.
Airbnb’s attorneys have sought to dismiss the case, through a disposition motion, arguing that the camera was hidden and unknown to the company. A representative from Airbnb reached by the Gazette said the company doesn’t comment on active litigation.
Burke has also taken to Reddit and makes the case there that the liability rests with Airbnb.
“To me, this isn’t a hidden camera, it’s a known-about camera,” Burke said.
A preliminary hearing on April 20 will be held virtually on her lawsuit. Burke said the irony is that she expects to stay at an Airbnb as she tries to find a home to buy or rent in the area.
“The fact that an $80 billion company is going to this much effort to not uphold its policies is cause for concern,” Burke said. “We can’t let these corporations, especially ones in the gig economy, become so ubiquitous in our lives that they take over everything.”
Scott Merzbach can be reached at smerzbach@gazettenet.com.
