Family was recorded at Myrtle Beach-area rental home, suit says. Is surveillance allowed?
The owners and agents of a Myrtle Beach-area vacation rental property didn’t tell a visiting family about security cameras and audio recording devices, according to a lawsuit recently filed in Horry County.
The family checked into the Atlantic Beach vacation home last July and later discovered the cameras actively recording their private conversations, the suit alleges. One camera pointed at an outdoor shower and pool behind the home captured minor children in their swimsuits and nude on at least one instance, the complaint adds.
Quincy Smallwood, one of the owners of the property, said there are three exterior cameras as part of a normal security system, and the one near the pool is pointed at the entrance, not the shower. He denied that anyone was actively watching or listening to security footage as is alleged in the lawsuit.
He also said the existence of the cameras is fully disclosed — the current online advertisement for the property does state that exterior security cameras are present, The Sun News found.
Smallwood recalled that the family making these allegations had tried to bring a dog onto the property despite the rental listing stating no pets were allowed. He offered to fully reimburse the family if it left at that point, but they declined, he said.
The family unplugged the security system after discovering the cameras, the suit states, and a representative from Elliott Reality, the agent for the rental property, then called multiple times to demand the system be reinstalled before making them leave the premises.
Brandon Cox, chief operating officer for Elliott Realty, declined to comment on the specific lawsuit, citing a company policy not to comment on pending litigation.
“That being said, we respects both the rights of property owners to protect their vacation rental investment property and for guests to enjoy their stay with us,” he wrote in an email.
Policies and laws on cameras in rental homes
Elliott Realty does not appear to have any policy listed on its website regarding the use of security cameras or recording devices at its properties.
Airbnb prohibits hosts from using hidden security cameras and will soon prohibit any security cameras or recording devices that monitor indoor spaces, according to its policies. Hosts are allowed to have exterior cameras, but that must be disclosed in their listing description.
Vrbo similarly prohibits the use of any surveillance devices inside its hosts’ rental properties, and exterior cameras can only be used for security purposes and must be clearly disclosed to renters, their policy states.
South Carolina law prohibits non-participants in a conversation from intercepting or recording others’ conversations without expressed consent.
