Two people are SUING Hermes over its tough-to-buy Birkin bags

Hermès’s iconic Birkin has long been seen as the ultimate symbol of style and wealth – but it is now also the subject of a lawsuit launched by two customers who are suing the fashion house over claims it forces clients to jump through very pricey hoops in order to earn the opportunity to purchase one of the bags. 

Two Californians are suing Hermès in a class-action lawsuit, alleging that they were required to purchase other luxury items from the retailer in order to obtain a Birkin. 

Birkins start around $10,000 but have been sold for more than $500,000, and are a favorite with celebrities including Jennifer Lopez and Kim Kardashian. 

Now, the Parisian design house is in hot water over claims that shoppers must spend thousands to procure the elusive, A-list approved accessory. 

According to The Fashion Law, Hermès is being accused of antitrust and unfair business practices after taking advantage of the ‘unique desirability, incredible demand and low supply’ of the designer bags.

The lawsuit was filed by the plaintiffs, Tina Cavalleri and Mark Glinoga, in Northern California on Tuesday. 

Tina and Mark have accused Hermès of using the hard-to-get bags to boost their sales of other products – claiming that shoppers are often told to develop a close relationship with their sales associate and work their way up to eventually procuring the handbag by purchasing other items from the brand, first. 

On social media, influencers often talk about retaining the relationship with said sales associate. 

In 2022, social media star Audrey Peters opened up about the ‘absurd’ steps she said customers must take in order to be ‘offered’ the change to buy a sought-after Birkin or Kelly bag, claiming that shoppers must do everything from ‘visiting’ their chosen sales associate to purchasing multiple other items from the brand. 

Only then, she claimed, will a customer be given the chance to procure one of Hermès’ more popular and hard-to-find products, like one of its most iconic handbags. 

Now, Tina and Mark have railed against these practices, accusing the design house of having ‘a scheme to exploit the market power’ of the Birkin, by ‘requiring consumers to purchase other, ancillary products from [it] before they will be given an opportunity to purchase.’ 

The plaintiffs accused Hermès sales associates of having the ability to ‘only offer Birkin handbags’ to people with the correct purchase history of other products, including shoes, belts, scarves and more. 

Tina said in the complaint that she ended up spending tends of thousands of dollars, and when she asked about buying another Birkin in September 2022, the sales associate said that those bags go to ‘clients who have been consistent in supporting our business.’ 

When Tina was unable to procure a second elusive Birkin, she thought she needed to spend more money to cement her status with the brand. 

Mark claims he tried to buy a Birkin ‘but was told on each occasion he needed to purchase other items and accessories,’ according to the lawsuit. 

Ultimately, Mark says he was unable to purchase the luxury bag, which is often made in calfskin, but is also offered at a higher price in exotic options, including crocodile, alligator, ostrich, and lizard.

The plaintiffs claimed that sales associates do not receive commission on Birkin bags, which was confirmed in Reddit threads by regular shoppers on their quest to get a Birkin. 

One Reddit user in the Hermès Game thread wrote, ‘Hermes SAs do not get commission on bags. The company believes the bags sells themselves so there is no commission given for bags. They haven’t given commission on bags in probably a decade.’ 

The same user joked that  Hermès should develop a Monopoly game based on spending with the brand. 

Another said they were able to get both a Birkin and a Kelly after dropping $20,000 on a watch.  

Sales associates do receive three per cent on the smaller items shoppers get before they receive access to the bag, which is one reason people believe they require a certain spend. 

The plaintiffs are seeking monetary damages and injunctive relief, which is a court order requiring a person, or in this case, a brand, to cease a specific action. 

However, here’s nothing to stop luxury lovers from buying Birkin bags on the re-sale market, and they’re available on sites like The Real Real. 

Of course, celebrities and socialites are able to obtain the purchases.  

Jennifer Lopez is the proud owner of one of the rarest and most expensive Hermès Birkin bags in the world – the Himalayan crocodile Birkin.

The highly-coveted, hand-dyed bag is made out of albino Nile crocodile hide and retails on the resale market for $100,000 to $500,000. 

Kim Kardashian is another Birkin mega-fan whose collection ranges from $50,000 to $500,000.