S.C. Court of Appeals Clears Path for Jury Trial in Airbnb Hidden-Camera Case
The South Carolina Court of Appeals ruled that Airbnb cannot force private arbitration in a lawsuit alleging hidden cameras and voyeurism at an Aiken rental, allowing the case to proceed to a public jury trial. The unanimous three-judge opinion held that Airbnb waived any right to compel arbitration by waiting approximately 18 months—during which it engaged in discovery and other litigation steps inconsistent with arbitration—thereby affirming a prior order by Judge Cordell Maddox Jr.
Debbie Barbier, who represents plaintiff Julianne Foster alongside attorneys Wesley Few and Ryan Beasley, welcomed the ruling as “an important step toward justice” for a client who endured a severe invasion of privacy. She emphasized that the case seeks to hold Airbnb accountable for the safety of people who use its platform.
Case background:
- Foster alleges she was secretly recorded in 2019 by a hidden camera disguised as a radio while staying in a bedroom at a house in Aiken rented via Airbnb.
- She learned of the recordings more than a year later when she was contacted by a SLED agent investigating thousands of covert videos obtained from the property’s owner, Rhett Riviere.
- Airbnb denies wrongdoing and asserts its policies prohibit concealed or undisclosed cameras, especially in private spaces.
Related proceedings:
- Riviere, originally named as a defendant, reached a confidential settlement with Foster, according to Barbier.
- In a separate civil case last year, an Aiken County jury returned a $45 million verdict against Riviere for secretly filming another couple; Barbier served as co-counsel in that matter.
- SLED has charged Riviere with three counts of voyeurism; those charges remain pending.
Next Steps:
Airbnb’s counsel indicated the company will seek a rehearing in the Court of Appeals and, if necessary, review by the South Carolina Supreme Court. If the ruling stands, Foster’s claims will be tried in open court before a jury.
