Airbnb Service Fees National Class Action

Airbnb Service Fees National Class Action

Airbnb Service Fees National Class Action


**Updated February 17, 2020**

Reasons for judgment for the class action certification has been published. English    French


**Updated January 24, 2020**

On December 5, 2019, the Federal Court has granted certification of the national class action in regards to Airbnb's charging of "service fees" to some of its Canadian users.
Airbnb has filed an appeal to the certification judgment. The appeal is expected to be heard around the Fall of 2020.

On October 31, 2017, a proposed national class action was filed in the Federal Court of Canada alleging that Airbnb charged service fees in contravention of the Federal Competition Act.

This consumer class action seeks, among other things, a Court order requiring Airbnb to compensate all affected consumers for the all of the service fees paid, punitive damages, and cost of investigation.

If the action is certified by the Federal Court of Canada to proceed as a class action, you will be automatically included as a class member. To receive updates on the progress of this lawsuit, please subscribe to our Mailing List below. Joining the mailing list does not create any financial obligation.

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Please safely keep records of the correspondence with Airbnb including any confirmation emails, credit card receipts, and any screenshots.

December 5, 2019 The Federal Court of Canada granted certification of the class action, subject to an amended class definition.
December 4-5, 2018 The class action certification hearing was heard in Vancouver, BC.
October 31, 2017 A proposed national class action was filed in the Federal Court of Canada.
  1. Am I part of this class action?

The class action is a national class action. It covers all residents of Canada who made a booking on Airbnb for non-business purpose during the period of October 31, 2015 to present. 

All class members will be automatically included in the case once the case was authorized. At this time, there is no action required to be part of this  class action. 

  1. Do I need to take any action to be part of this case now?

No action is required at this point. However, please keep records of any correspondence including confirmation emails, cancellation emails, credit card statements, credit card authorizations, credit card refunds, etc. This information may be necessary after the certification of this class action.

  1. Can I still commence an individual action (e.g. Small Claims case)?

This class action does not preclude you from pursing the matter individually in court. However, as part of the class action procedure, the Court may stay or suspend any individual actions or similar actions that are pending in order to conserve judicial resources and avoid both a multiplicity of proceedings and contradictory outcomes. Evolink Law Group cannot advise you in an individual action. Please consult your lawyer if you plan to proceed individually.

  1. Will class members be liable for the Airbnb's legal fees if this class action does not succeed?

Class members are not liable for Airbnb's legal fees if this action does not succeed.

  1. When will I hear further information about this class action?

We will notify those that have signed up to our Mailing List on the next steps and when they expect a notice from the Court.

  1. What are we asking for in this class action against Airbnb?

This class action is seeking to recover compensation from Airbnb for the unlawful service fees paid for each booking, which range from 6 to 12% of the price set by the host. In addition, this class action is seeking to recover interest and punitive damages. The amount of punitive damages will be decided by the Court at trial.