Hiam v. Homeaway.com, Inc., No. 17-1898 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the district court’s grant of summary judgment to Defendant, the owner of the website on which Plaintiff found a tropical villa that did not exist, holding that the district court correctly applied Massachusetts consumer protection law and that Plaintiff’s remaining contentions on appeal were unavailing.
Plaintiff was scammed into parting with thousands of dollars to reserve a imaginary vacation rental property in Belize. At the time, Defendant maintained a guarantee that offered a $1000 refund to customers that fell victim to “Internet Fraud.” In his complaint, Plaintiff alleged that the guarantee caused him to lose $46,565 by misleading him into believing that Defendant made reasonable efforts to keep fraudulent listings off its site and that Defendant was liable for common law fraud and for engaging in unfair or deceptive trade practices under Mass. Gen. Laws ch. 93A, 2(a). The district court decided against Plaintiff. The First Circuit affirmed, holding (1) the district court correctly found that the guarantee was not misleading or deceptive under Massachusetts law in the manner alleged by Plaintiff; and (2) nothing about the manner in which the district court proceeded in deciding the summary judgment motion caused Plaintiff any harm.