Airbnb Class-Action Lawsuit in British Columbia: Fees and Licensing
A recent development out of the British Columbia Supreme Court allows a class-action lawsuit against Airbnb, claiming the popular short-term rental platform violated provincial consumer protection laws. The suit accuses Airbnb of offering unlicensed real estate brokerage and travel agent services, resulting in improper fee collection from users.
In a ruling by Justice Elizabeth McDonald, plaintiff Margo Ware has successfully argued a strong case that could lead to damages under British Columbia’s Business Practices and Consumer Protection Act. The lawsuit pertains to anyone who booked accommodations through Airbnb in Canada or abroad, excluding the United States, for stays in British Columbia.
Airbnb attempted to dismiss the lawsuit, alleging it was an abuse of process and should be heard in California where the company is headquartered. However, Justice McDonald rejected these claims, emphasizing Airbnb’s failure to provide substantial evidence for changing the case’s jurisdiction.
If the lawsuit prevails, consumers could be entitled to damages under provincial consumer protection laws. Justice McDonald clarified that certifying the lawsuit allows for its advancement without determining its merits. Airbnb has yet to respond to the lawsuit or comment on the recent ruling.
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