Two Californians are going after Hermès Birkin with a class-action lawsuit, accusing the luxury fashion brand of customer exploitation.
According to USA Today, San Francisco residents Tina Cavalleri and Mark Glinoga, filed the lawsuit on Tuesday, accusing Hermès of running a "scheme" that only allows consumers with "sufficient purchase history" to have access to buy a Birkin bag. Unless found on resale, the pricey and sought-after handbags are hard to purchase and are generally available in private Birkin rooms for 5-figure price tags.
The lawsuit details that for customers who want to purchase a Birkin, it's mandatory to buy other Hermès products like jewelry, scarves, and other pieces in order to get their hands on the coveted Birkin.
“Defendants [Heremes] implemented a scheme to exploit this market power by requiring consumers to purchase other, ancillary products from Defendants before they will be given an opportunity to purchase a Birkin handbag,” the lawsuit reads.
It continues, "With this scheme [Hermès was] able to effectively increase the price of Birkin handbags and, thus, the profits that Defendants earn from Birkin handbags."
Once able to view the Birkin in person, the options for a bag are limited, and the lawsuit states that “there is no way to order a bag in the style, size, color, leather, and hardware that a consumer wants."
Cavalleri and Mark Glinoga aimed to purchase a Birkin in 2022 and 2023, respectively, and both believe that they were denied access due to having insufficient purchases with Hermès. Accusing the brand of the “illegal tying” of ancillary products and “unlawful” business conduct under California's state code, the two are seeking a jury trial.
