Hermès accused of violating antitrust law by only selling Birkins to ‘worthy’ customers

A new class action lawsuit in California accuses Hermès of violating antitrust laws by selling its iconic Birkin handbags only to customers who have a sufficient history of purchasing other products.

The lawsuit, filed Tuesday in federal court in San Francisco, alleges that the salespeople sold Hermès ancillary products (commonly purchasable items such as scarves, jewelry, shoes and household items) for the chance to buy luxury goods. It is alleged that the company is forcing customers to purchase. item.

“Typically, only those consumers deemed worthy of purchasing a Birkin handbag will be shown the Birkin handbag (in a private room). Selected consumers will be given the opportunity to purchase the specific Birkin handbag shown. opportunity,” the complaint states, adding that customers will then not be able to order another Birkin handbag that better suits their style preferences.

Hermès is encouraging sales associates to take advantage of the exclusivity of the bag, described in the lawsuit as a “fashion icon,” and use the chance of being chosen to encourage people to buy other products.

“These salespeople were instructed by Defendants to sell Birkin handbags only to consumers who had established sufficient “purchase histories” or “purchase profiles” for Defendants’ ancillary products, such as shoes, scarves, belts, jewelry, and household goods. and are directed to provide the same,” the lawsuit states.

“Consumers are offered the opportunity to purchase Birkin handbags only if they have a sufficient purchase history or profile with Defendants,” the lawsuit continued.

The Hill has reached out to Hermès for comment.

The class action lawsuit was filed by two plaintiffs, seeking class action status for “thousands of members” who were allegedly harmed by similar alleged conduct. One of the plaintiffs said he had spent “tens of thousands of dollars at Hermès and was forced to purchase accessories to obtain the Hermès Birkin bag.”

According to the complaint, when the plaintiff wanted to purchase a second Birkin handbag, she was told that the special bag would be given to “customers who have consistently supported our business.” .

The second plaintiff made multiple attempts to purchase a Birkin handbag, but was “each time told that she needed to purchase other items or accessories.”

The class action complaint asks a court to prevent Hermès from engaging in the alleged conduct. He also seeks an unspecified amount of monetary damages and restitution.