Hermes seeks dismissal of Birkin bag class action again

Update:

• Hermes urged a California federal judge to dismiss claims it only sells its Birkin bags to customers who first show “sufficient” Hermès purchase history. 
• The consumers behind the class action allege there are markets for both the Birkin bags and other Hermès products, but by leveraging the desire for the bags, the company illegally uses its monopolistic sales power. 
• On Oct. 25, Hermes filed another motion to dismiss the lawsuit, arguing the plaintiffs did not prove antitrust law violations in their amended complaint after the court dismissed an earlier complaint in September.
• The company argued consumers tried to turn the company’s success in crafting a “superior but rare” product into an antitrust violation.

Hermès Birkin bag class action overview: 

• Who: Plaintiffs Tina Cavalleri and Mark Glinoga filed a class action lawsuit against Hermès International and Hermès of Paris. 
• Why: The Hermès antitrust lawsuit claims the luxury goods manufacturer only sells Birkin bags to established customers who purchase a plethora of other Hermès merchandise first.
• Where: The Hermès class action was filed in federal court in California.

(March 25, 2024)

A new Hermès class action alleges the luxury goods manufacturer only sells its Birkin bags to customers who first show “sufficient” Hermès purchase history.

There are markets for both the Birkin bags and other Hermès products, but by leveraging the desire for the bags the company is illegally using its monopolistic sales power, the Hermès class action says.

The Hermès Birkin bag is not publicly displayed in retail stores and never sold online. Instead, there are often one, two or at maximum three bags in a retail store that are only shown to customers who have a long Hermès purchase history, according to the class action.

“The chosen consumer will be given the opportunity to purchase the specific Birkin handbag which they are shown,” the Hermès class action says. “Consumers cannot order a Birkin handbag at the retail location. For all practical purposes, there is no way to order a bag in the style, size, color, leather, and hardware that a consumer wants.” 

Sales associates receive no commission for Hermès Birkin bag sales

Hermès sales associates are directed by the company to only show Birkin bags to customers who have a sufficient Hermès purchase history of ancillary products such as shoes, scarves, belts, jewelry and home goods, the lawsuit says.

The sales associates are paid hourly and receive 3% commission on the ancillary Hermès products, 1.5% commission on non-Birkin handbags and no commission for selling the Hermès Birkin bags.

The Hermès sales associates are told to only use the Birkin bags to entice customers into purchasing the ancillary products, the lawsuit says.

Manolo Blahnik USA Ltd. is facing a class action lawsuit claiming its website is not accessible to those who are visually impaired or legally blind.

Have you purchased a Birkin bag from Hermès? Let us know in the comments.

The plaintiff is represented by Joshua H. Haffner, Alfredo Torrijos and Vahan Mikayelyan of Haffner Law PC along with Shaun C. Setareh and Thomas A. Segal of Setareh Law Group.

The Hermès Birkin bag class action lawsuit is Cavalleri, et al. v. Hermès International, et al., Case No. 3:24-cv-01707, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• Under Armour class action alleges retailer advertises false reference prices
• Snowflake data breach affected Neiman Marcus customers, class action claims
• JCPenney class action alleges retailer advertises fake discounts
• Neiman Marcus class action claims retailer failed to protect customers from data breach