She was secretly filmed in an SC Airbnb. A court says her lawsuit can go to trial

Worldwide rental giant Airbnb cannot use private arbitration to settle a South Carolina case involving allegations of hidden cameras and voyeurism, the S.C. Court of Appeals ruled Wednesday.

The unanimous ruling by a three-judge panel clears the way for a jury trial, said a delighted Debbie Barbier, the attorney for Julianne Foster, who filed a lawsuit against Airbnb that, if the ruling stands, can be now tried in a public courtroom. Foster alleges she was secretly videoed in private moments.

Not so fast, said Dick Harpootlian, one of eight South Carolina and California attorneys representing Airbnb.

“We’ll file a petition for a rehearing with the Court of Appeals, and if they deny that, we’ll be going to the Supreme Court,” Harpootlian said.

In its ruling, the Court of Appeals said that Airbnb had waived any right it might have had to compel arbitration in the case by waiting too long — a delay in this case of 18 months. That delay enabled Airbnb to participate in discovery and take other legal actions that are inconsistent with participating in arbitration, the ruling said. The ruling upheld a lower court ruling by state Judge Cordell Maddox Jr.

Companies often prefer arbitration, a mediation process run by a neutral third party who hears evidence and makes a decision. Arbitration takes place out of public view and away from courtroom juries, which might be persuaded by an eloquent lawyer to give a huge verdict for the plaintiff.

The lawsuit

In 2021, Foster sued Airbnb over a stay in 2019 in a small house on Aiken’s Third Avenue SW, which is located in a residential area less than a mile from the city’s downtown. Foster was in town for a tennis tournament and staying in a room at the house, which had been rented from Airbnb by a friend.

While Foster was at the house, a video camera hidden in a radio recorded her “multiple times while she was changing clothes and having private conversations in the rented bedroom,” an amended version of her lawsuit on file in Aiken County court alleges. The images of her were “extremely private” and “without clothing,” the complaint in her lawsuit said.

Foster learned about the secret video more than a year later when she was contacted by an agent from the South Carolina Law Enforcement Division, which had obtained thousands of videos of guests secretly recorded for years by the rental house’s owner, the lawsuit said. SLED had begun its investigation into secretly-made videos at the house several months after Foster stayed there, the lawsuit said.

Her 41-page lawsuit cites numerous alleged instances of Airbnb being made aware of secret cameras being installed at properties in the company’s vast inventory of rental units around the country.

In an answer to Foster’s amended complaint, Airbnb denied “that Plaintiff (Foster) suffered any harm due to Airbnb’s conduct, and denies that Airbnb was negligent and/or willful, wanton or reckless in any way.”

In its answer, Airbnb also said that its policies prohibit “concealed and undisclosed cameras and recording devices monitoring common spaces, and cameras and recording devices located in or monitoring private spaces.” Airbnb is a company “committed to safety and trust,” its answer said.

The Aiken house was owned by a legal entity controlled by longtime Aiken resident Rhett Riviere.

Riviere, an original defendant in Foster’s lawsuit, has reached a confidential settlement with Foster in this case, attorney Barbier said.

An Aiken County jury found against Riviere in a civil state trial last year that alleged he secretly filmed a couple in intimate acts and in the bathroom. The jury awarded the couple, Gabriel and Heather Crespo, $45 million. The couple was represented by Barbier and Greenville attorneys Wesley Few and Ryan Beasley.

SLED has charged Riviere with three counts of voyeurism. Those charges are pending.

Barbier, who represents Foster with attorneys Few and Beasley, said, “The opinion from the Court of Appeals is an important step toward justice for our client, who has endured a terrible violation of privacy and dignity.”

“This case is about more than one individual — is it about holding Airbnb accountable for the safety of the people who trust its platforms,” Barbier said.

Airbnb is a worldwide company that uses the internet to match owners of private properties including houses and condominiums with people who want to rent those properties. Airbnb then takes a cut of the rental fee. In some areas, the rentals have proved controversial, pitting short-term vacationers against local property owners.

Earlier this month, the Columbia City Council moved toward tightening restrictions on Airbnb rentals after a June shooting at an Airbnb in the Elmwood neighborhood Airbnb killed one person and injured three.

This story was originally published August 22, 2025 at 5:30 AM.