Hermes sued over claims it only sells Birkin bags to ‘worthy’ customers

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Hermès has been accused of “tying” the acquisition of its famed Birkin bags to different Hermès merchandise in a category motion lawsuit filed in California.

Two customers have claimed within the lawsuit filed on 19 March that they have been required to buy “ancillary products” from an Hermès retail retailer – equivalent to sneakers, scarves, belts, or jewelry – earlier than they got the chance to buy a Birkin purse.

The lawsuit claimed that Hermès gross sales associates only provide Birkin purses to customers who’ve established a enough “purchase history” with the French model. According to the submitting, as soon as customers “are deemed worthy” of buying a Birkin purse, they are going to be proven the coveted merchandise – which is allegedly not positioned on show or obtainable for buy on the web site – in a personal room separate from the retail retailer.

“Birkin handbags are never publicly displayed for sale at Hermès retail stores. Indeed, it is often the case that there are no Birkin handbags at all at Hermès retail stores or, if there are, there are only one, two or at most three Birkin handbags,” their attorneys claimed within the lawsuit. “But even if there are Birkin handbags at a particular Hermès retail store, the handbags will not be displayed on the sales floor for the general public. In fact, most consumers will never be shown a Birkin handbag at Hermès retail store.”

The lawsuit alleged that Hermès’ follow of “tying” the acquisition of a Birkin bag to the acquisition of different luxurious clothes or accent gadgets is in violation of US antitrust legal guidelines. The luxurious retailer has additionally been accused of implementing “a scheme” to exploit its market energy and enhance the worth of Birkin bags.

Attorneys pointed to the corporate’s fee construction for gross sales associates as driving the alleged scheme. Hermès retail workers obtain “no commission” on the sale of Birkin bags, in accordance to the lawsuit, however are paid three per cent on clothes or accent gadgets.

“Although Hermès sales associates receive no commission on the most valuable and sought-after products sold by their employer, they are instructed by [Hermès] to use Birkin handbags as a way to coerce consumers to purchase ancillary products… in order to build-up the purchase history required to be offered a Birkin handbag,” the submitting reads. “In this way, [Hermès is] able to use their sales associates to implement [Hermès’] illegal tying arrangement.”

One of the plaintiffs, Tina Cavalleri, claimed that she had been “coerced” into spending “tens of thousands of dollars” at Hermès so as to “obtain access” to a Birkin bag. When she contacted Hermès in 2022 about buying the posh bag, she was allegedly informed that the Birkin bag is only obtainable to “clients who have been consistent in supporting our business”.

Meanwhile, plaintiff Mark Glinoga had made a number of makes an attempt to buy a Birkin bag final yr, however was informed on every event he wanted to buy different gadgets and equipment.

The plaintiffs are in search of an unspecified quantity of damages and a court docket order barring Hermès’ allegedly anticompetitive practices.

Fashion lovers have lengthy bemoaned the difficulties of scoring an Hermès Birkin bag, which vary wherever from $10,000 to over $50,000 – with some unique items promoting for greater than $300,000 at public sale. However, Hermès beforehand denied accusations of “tying” practices to the Business of Fashion final yr. “Hermès strictly prohibits any sales of certain products as a condition to the purchase of others,” the corporate stated.

The Independent has contacted Hermès for remark.