Court Issues Report and Recommendation that the District Court Deny HomeAway’s Motion to Dismiss in Part

On August 1, 2017, a United States Magistrate Judge issued a report and recommendation that denied in part Defendant HomeAway’s motion to dismiss Kirkpatrick et al. v. HomeAway Inc., Case No. 1:16-cv-00733-LY (W.D.Tex.), an action filed by property owners against HomeAway and its websites HomeAway.com, VRBO.com and VacationRentals.com for unilaterally instituting traveler fees. The plaintiffs allege that the new traveler fees were contrary to HomeAway’s statements that it would remain free to travelers, and had the effect of depressing the value of their one-year subscriptions and decreasing their bookings.

The judge recommended that the Court deny Defendant HomeAway’s motion to dismiss with respect to Plaintiffs’ claims for fraud/fraudulent concealment, violation of the Texas Deceptive Trade Practices Act and unjust enrichment, but grant HomeAway’s motion to dismiss with respect to Plaintiffs’ breach of contract claim, breach of duty of good faith and fair dealing, and the non-Texas state law claims.

A copy of the court’s opinion can be viewed below.