Hermès Bags Class-Action Lawsuit For Making Birkins So Unattainable

Photo 311201765 © Qa9392331 | Dreamstime.com

Hermès has found itself at the center of a legal storm in California, with consumers taking the French luxury label to court for allegedly horsing around in unfair sales practices and, ultimately, dashing their Birkin dreams.

Plaintiffs Tina Cavalleri and Mark Glinoga assert that the brand has created an artificial barrier to purchasing these coveted arm candies, prioritizing customers with a “sufficient purchase history” for Birkin access. The handcrafted handbags, emblems of luxury and exclusivity and known for their hefty price tags, often come with a waiting list and a mysterious selection process.

Cavalleri and Glinoga claim this system strong-arms shoppers into buying other Hermès products, like scarves or jewelry, to climb the Birkin waitlist. They argue this practice, known as “tying,” breaches antitrust laws by unfairly pressuring consumers to purchase additional items they might not necessarily want.

The lawsuit alleges Birkins aren’t displayed on the shop floor and are only offered to those deemed “worthy” by Hermès staff (as though attaching locks to them aren’t enough). This selection process, conducted in private rooms, supposedly hinges on a customer’s past spending habits. Cavalleri and Glinoga argue this strategy exploits Hermès' market power to boost profits by pushing customers to make unrelated purchases.

The plaintiffs claim they, along with potentially thousands of others, were nudged into spending significant sums on non-Birkin items with the hope of eventually securing the bag. However, despite their efforts, they were ultimately informed that Birkins are reserved for “clients who have been consistent in supporting our business.”

Seeking class-action status, the suit aims to represent all California consumers who’ve faced similar pressure tactics. If successful, it could force Hermès to revamp its Birkin sales strategy and potentially award damages to affected customers.

The dispute’s future remains to be seen. Hermès has yet to respond publicly, and the case is in its early stages.

[via The Fashion Law, Reuters, The Guardian, Diet Prada, cover photo 311201765 © Qa9392331 | Dreamstime.com]