Lawsuit Scam?

[Lars52]

We have been contacted by a person claiming to represent a guest who supposedly stayed in our apartment as an AirBnB guest. We have no record of a person with the name mentioned in the claim, but had a guest with the same first name. Has anyone else been contacted by a ‘law firm’ (either real or imagined) with a similar claim?

[Alice-and-Jeff0]

@Lars52 - my gut reaction is that it's a scam, but if you were indeed named in a lawsuit they would also have to name Airbnb.  Make them send you the paperwork and don't do anything until you consult an attorney.  If they are seeking money for some thing, tell them the appropriate channel to do this is to use the Resolution Center on Airbnb first.  If the guest actually stayed with you, they would be able to do this. That way if they do file, you can involve Airbnb in the situation and get assistance from customer service who may turn it over to their legal department to handle it. 

[David126]

@Lars52

I can think of a few incidences reported on here, I have no idea if they are relevent to your situation. 

I often do not know my guests full name.

What are they claiming?

[Matthew285]

@Lars52, I'm sorry you have to deal with this!

What are they asking you to do?

Or what are they claiming?

I would certainly get AirBnB involved immediately.

If it is legit, AirBnB is involved anyway.

If it is a scam, AirBnB may have heard of this "law firm" before (especially if they are targeting AirBnB hosts).

[Lars52]

Thanks for your reply, Matthew et al. AirBnB is involved and is dealing with it from their end.

It appears at this point to be a particularly aggressive insurance tactic employed by an insurance company that an AirBnB rep has confirmed works with or for AirBnB.

The insurance company rep who contacted me claims that someone was injured whilst staying in our apartment. We don’t know anyone by the name mentioned in the claim, and no one with that name has ever booked with us. The insurance company rep wanted me to sign up for an insurance plan with them. 

In the case of a real injury, we would be contacted by AirBnB itself first, never a third party. The email I received from the insurance company was most definitely not penned by a lawyer (although one never quite knows these days.)

I will follow up in this forum when I have updates.

AirBnB has been helpful up to this point. Let’s see what happens hence forward. 

Regards,

L

[Matthew285]

@Lars52, thank you for sharing some of the details of this incident! It will really help other hosts know what to be on the lookout for.

Please do return later with updates. This sounds really interesting. It is somewhat hilarious that a vendor that works with AirBnB is harrassing AirBnB hosts!

[Lars52]

Matt, that seems to be exactly what is happening.

I am reluctant right now to list names of reps and companies while AirBnB is investigating, but if someone approaches you with an offer of some host insurance program, the need for which is highlighted by some kind of pending injury lawsuit, be aware.

As I mentioned earlier, a AirBnB rep has told me they are dealing with it.

Let’s see what comes out at the end. Will keep you updated. 

[Matthew285]

@Lars52 we look forward to a positive resolution for you.

BTW, did they come up to you and say

"Gee, it would be an awful shame if someone filed a lawsuit against you and you didn't have insurance, wouldn't it?" while offering you a brochure on how to buy insurance from them?

[Lars52]

No, they telephoned me first, leaving a message the transcript of which I saw. Convinced it was (is) a scam, I promptly erased the message and blocked the number. Then I received an email the day after in which the sender referred to the above mentioned voice message.

The email names a client who is supposedly suing me for damages relating to an injury she sustained while staying in my apartment. The writer then offers me an AirBnB host protection insurance plan in case this happens again in the future. 

[Matthew285]

@Lars52 well I sure would not like to receive a message OR an email like that!

I am not a lawyer, so I don't know exactly how things go (especially since you are in another state), but this sounds not much different than old fashioned extortion.

In California, if someone sues you, you have to be served the legal paperwork, normally by a process server. There is a huge gap between being served the legal paperwork for a lawsuit and receiving an email claiming that someone is suing you.

Since the insurance this person is offering would not cover the event that already (supposedly) happened, there is no advantage in buying it right now. If the person tries to contact you again, ask them when you can expect to be served with the paperwork for the lawsuit. And ask them how they know about this lawsuit already. Are they the lawyer representing the injured party? If so, why are they contacting you to sell you insurance? Are they an insurance salesman? If so, how do they already know about this lawsuit? So many questions.

Again, I am not a lawyer, and I am in another state, but in California lawyers don't go around trying to sell insurance, and insurance salesmen don't know about lawsuits that haven't been filed yet.

And these people work with AirBnB?

[Lars52]

Thanks again, Matt.

Yes, these are the questions I have asked the AirBnB rep. I will let them handle it right now. Extortion is exactly the word. 

And yes, the AirBnB rep has confirmed that this insurance company works with or for (on behalf of) AirBnB by providing liability insurance for AirBnB hosts. 

Cheers,

L

[Lars52]

A little update: 

AirBnB adviced us to no respond to the insurance company. They informed us that this enquiry should have been handled through a different department within AirBnB, not through an outside insurance company.

I learned today through another rep from the insurance company that the incident in question happened 1.5 years ago: a guest of ours, with whom we had extremely cordial interaction and who left us a very positive review, upon her checking out slipped on the steps in the lobby of our apartment building. She came right back up to our apartment a few minutes after leaving with her suitcase, and we comforted her, iced the welt on her forehead that she banged against the banister in the lobby. We gave her tea and then carried her suitcase to her family who lives in the neighbourhood. We left on very good terms, and as I said, we received a glowing review. 1.5 years later, she seems to make plans to sue either us or AirBNB — or both. 

Disappointingly, since our initial contact we have been unable to get any replies from AirBNB to our questions about what we should do in this situation. 

I will keep the updates coming.

Let’s see what tomorrow brings. 

[Lars52]

And yet another update. Just spoke AirBnB again this morning. I have been instructed to await communication from the Trust and Safety Team who is handling things from heir end. There have been suggestions of a possible ‘phishing scheme’ and other related issues (extortion has been suggested.)

I am relating this to other hosts because it appears from my communication with AirBnB that this may not be an isolated case. 

If you are contacted by insurance people claiming to work ‘for’ AirBnB (meaning they may provide in-home liability insurance for AirBnB hosts.) The advice from AirBnB was NOT to respond. 

I have received harassing phone calls on weekends and late at night from someone claiming to be a lead insurance adjuster/investigator working for AirBnB. In reality, he works for a local insurance company. The pattern is clear: they call first, leave a message, followed by an email with thinly veiled threatening language, claiming to be an AirBnB representative. 

Stand by for more information as it becomes available. 

[Matthew285]

@Lars52, thank you for taking the time to send these updates!

This is extremely valuable information, and it could help hosts avoid getting caught in a similar situation.

[Lars52]

Thanks, Matt. 

This just in: AirBnB Safety and Security team has confirmed that the agents for the insurance company are legit and have asked me to respond to them directly. The insurance company has been designated as third-party insurance processing agent for any injury claims relating to AirBnB hosts and guests