2024-03-20 22:39:07
American customers accuse Hermès of unfair commercial practices due to the difficulty of accessing the famous Birkin bag that the French brand reserves for those with a “sufficient purchase history”.
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The French luxury house Hermès is being sued in California by two customers who were unable to obtain the very exclusive Birkin bag, and accuse the brand of unfair commercial practices.
The two plaintiffs, Tina Cavalleri and Mark Glinoga, accuse Hermès of having set up a system encouraging consumers to buy shoes, scarves, jewelry and other accessories, in the hope of acquiring sufficient status with the brand to win the right to buy a Birkin bag.
Sellers are instructed to reserve the famous model, inspired by singer Jane Birkin, for customers with a “sufficient purchase history”, explains their complaint, filed Tuesday March 19 in a San Francisco court. This practice violates US competition laws, the complaint argues.
After spending tens of thousands of dollars at the saddler-leatherworker, Tina Cavalleri was able to obtain the famous bag. But when she contacted the Hermès store to buy another one in September 2022, she was told that it was reserved for “customers who have always supported our company”, a way of suggesting that she make other purchases. Mark Glinoga “attempted several times” in 2023 “to purchase a Birkin bag, but was told each time that he had to purchase other items and accessories,” according to the complaint.
Commission for sellers
Hermès orders its sellers “to use Birkin handbags as a means of forcing consumers to purchase additional products,” the plaintiffs denounce. According to them, employees receive a 3% commission on sales of accessories (shoes, belts, jewelry, scarves, etc.), which encourages them to support this system.
Hermès launched its famous Birkin model in 1984. Handmade, this leather handbag is produced in very small quantities and plays on its image of exclusivity. Its price can vary greatly, from a few thousand euros for the simplest models, up to several hundred thousand euros for the most luxurious.
The complaint filed Tuesday is a “class action,” meaning other consumers are likely to join the proceedings. The plaintiffs are asking the courts to force Hermès to interrupt its practices, and are demanding damages, without advancing any amount.
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