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It seems to me that if you have truthfully described the facts here, then you have a very strong case. If Expedia has a listing for your hotel (even though no-one can book with you through them) and shows no availability when a potential customer tries to book, then I believe that is an economic tort.
Expedia would be steering customers away from your hotel in favor of hotels that are listed with them, and in which they have an economic interest. You appear to have documented your case quite well.
You say you filed a complaint with the BBB, Expedia agreed to a resolution through the BBB, and then did not follow through, although presumably the complaint was closed. There is absolutely no way that Expedia could claim that they didn't knowingly continue to list your property and show it as fully booked.
Did you ever advertise with Expedia? If you advertised with Expedia or an Expedia company, and cancelled, then your case would be particularly strong.
I would also doubt that you are the only company this has happened to. Should this go to court, you would want to be sure to subpoena all listings for properties that discontinued advertising or never advertised with Expedia but were still listed on Expedia's website with a booking calendar.
My guess is that a judge would award you the price of every night for every room that wasn't booked during the period in question; plus punitive damages; plus loss of goodwill (customers who would have recommended your hotel to others after staying there); plus damages for losses sustained by being unable to raise prices during near-full-occupancy periods.
Alas, I am not a lawyer although I have some experience in this area. I would recommend that you consult one if the complaint isn't settled. Shame on Expedia. Really, shame on them. This (if your account is accurate) is a nasty trick.
Expedia has finally removed the listing of my business from their site and it no longer appears in Google searches. I have had no contact with Expedia.
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