Australian Competition and Consumer Commission v Airbnb Ireland UC [2023] FCA 1633

Australian Competition and Consumer Commission v Airbnb Ireland UC [2023] FCA 1633

On the agreed facts, Airbnb Ireland UC displayed prices for some Australian accommodation bookings with a dollar sign without clearly disclosing that the amounts were in USD, thereby making the AUD Representation contrary to ss 18(1) and 29(1)(i) of the Australian Consumer Law, and made the Selection Representation to some complainant consumers contrary to s 18(1). Although the conduct was not deliberate, Airbnb Ireland UC failed to have adequate systems to detect and address the software malfunction and complaints. Having regard to the seriousness and duration of the conduct, the number of affected consumers and bookings, estimated loss, Airbnb's size and resources, cooperation,...

Jurisdiction
Australia
Judgment Date
20 December 2023
Procedural Posture
Civil Penalty Proceeding Under the Australian Consumer Law / Final Consent Orders and Judgment on Agreed Facts and Admissions
Outcome
Declarations made by consent; AUD15 million pecuniary penalty imposed on Airbnb Ireland UC; compliance program and costs orders made; proceeding against Airbnb, Inc dismissed; non-publication order made for redacted portions of the undertaking.
Legal Topics
['misleading or Deceptive Conduct' 'false or Misleading Representations as to Price' 'online Accommodation Booking Platform' 'pecuniary Penalties' 'compliance Program' 'consumer Redress Undertaking' 'non Publication Order']
['consumer Law' 'regulator and Consumer Protection'] ['misleading or Deceptive Conduct' 'false or Misleading Representations as to Price' 'online Accommodation Booking Platform' 'pecuniary Penalties' 'compliance Program' 'consumer Redress Undertaking' 'non Publication Order']

Case Brief

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Procedural Posture

Civil Penalty Proceeding Under the Australian Consumer Law / Final Consent Orders and Judgment on Agreed Facts and Admissions

Legal Issues

  1. 1 ['Whether Airbnb Ireland UC represented to some Australian consumers that accommodation prices displayed with a dollar sign were in AUD when they were in USD, contrary to ss 18(1) and 29(1)(i) of the Australian Consumer Law.' 'Whether Airbnb Ireland UC represented to some complainant consumers that they had been charged in USD because they had selected USD when some had made no such selection, contrary to s 18(1) of the Australian Consumer Law.' 'Whether the agreed pecuniary penalty of AUD15 million for contraventions of s 29(1)(i) of the Australian Consumer Law was appropriate.' 'Whether declaratory relief, compliance orders, costs orders, dismissal of the proceeding against Airbnb, Inc and a non-publication order should be made.']

Ratio Decidendi

On the agreed facts, Airbnb Ireland UC displayed prices for some Australian accommodation bookings with a dollar sign without clearly disclosing that the amounts were in USD, thereby making the AUD Representation contrary to ss 18(1) and 29(1)(i) of the Australian Consumer Law, and made the Selection Representation to some complainant consumers contrary to s 18(1). Although the conduct was not deliberate, Airbnb Ireland UC failed to have adequate systems to detect and address the software malfunction and complaints. Having regard to the seriousness and duration of the conduct, the number of affected consumers and bookings, estimated loss, Airbnb's size and resources, cooperation,...

Court Disposition

Declarations made by consent; AUD15 million pecuniary penalty imposed on Airbnb Ireland UC; compliance program and costs orders made; proceeding against Airbnb, Inc dismissed; non-publication order made for redacted portions of the undertaking.

Orders

  • ['The Court declared that between 1 January 2018 and 30 August 2021 Airbnb Ireland UC made the AUD Representation to some Australian consumers and thereby contravened ss 18(1) and 29(1)(i) of the Australian Consumer Law.' 'The Court declared that between 1 January 2018 and 30 August 2021 Airbnb Ireland UC made the...