Hermes Lawsuit in California Over the Access to Birkin Bags

WOW! Hermès sued in California over claims it only sells Birkins to ‘worthy’ customers

“The French luxury house Hermès has been sued in California over claims it unlawfully allows only customers with “sufficient purchase history” with the company to buy its famed Birkin handbags.

Hermès is violating antitrust law by “tying” the sale of one item to the purchase of another, two California residents alleged in the proposed federal class-action lawsuit filed on Tuesday in San Francisco.

The company’s sales associates are driving the scheme by pushing customers to buy shoes, scarves, jewelry and other items to gain an opportunity to buy a Birkin, the lawsuit said.

Hermès and attorneys for the plaintiffs did not immediately respond to requests for comment.

The lawsuit calls the Birkin handbags, long seen as a status symbol and named for the British-born actor and singer Jane Birkin, whom France took to its heart and who died last year, an “icon of fashion”.

Consumers cannot purchase a Birkin online from Hermès, and the leather bags, which are handcrafted and can cost thousands of dollars each, are not displayed for sale in the company’s retail stores, according to the lawsuit.

“Typically, only those consumers who are deemed worthy of purchasing a Birkin handbag will be shown a Birkin handbag [in a private room],” the lawsuit claimed.

Hermès sales associates do not earn commissions on Birkin bag sales and are instructed to use the handbags “as a way to coerce consumers to purchase ancillary products”, according to the complaint.

The lawsuit said it was seeking class-action status for thousands of US consumers who bought Hermès goods or were asked to buy them in order to purchase a Birkin. Hermès operates about 43 stores in the US, including eight in California.

The plaintiffs are seeking unspecified monetary damages and a court order barring Hermès’s allegedly anticompetitive practices.”

Reuters contributed reporting