Hermès slapped with class action lawsuit over Birkin sales practices, which force customers to buy other goods before they're offered the celeb-loved handbags

Luxury designer Hermès has been hit with a class action lawsuit, with plaintiffs claiming they were forced to spend thousands on other goods like scarves and homewares before they could buy a coveted Birkin.

Two plaintiffs from California filed suit against the retailer Tuesday after being urged to 'support the business' by buying ancillary products including shoes, scarves, belts, jewelry and home goods.

The pursuit of a Birkin is an arduous one. Due to high demand and the painstaking effort needed to craft the leather handbags, they are difficult to produce and expensive to buy.

The bags are treasured by celebrities like Kylie Jenner, whose closet is packed with Birkins as well as similar Hermes bags called Kellys. And while the purses start around $10,000, that figure can easily run into the hundreds of thousands, especially on the resale market.

Plaintiffs Tina Cavalleri and Mark Glinoga sued the Paris-based retailer in the Northern District of California, proposing a class-action lawsuit after being made to go through a similar process in pursuit of a Birkin.

Hermès is facing a class action lawsuit filed by two California residents who claim they were encouraged to buy 'ancillary products' like homeware and shoes before being allowed to buy a Birkin bag

The coveted handbags can start at $10,000, but can cost hundreds of thousands, especially on the resell market, and for exotic skins like the one shown here

They have become a status symbol for celebrities like Kylie Jenner, whose closet is full of Birkins and their sister bag, the Kelly

Both plaintiffs were directed to spend on 'ancillary products' described as accessories, jewelry and homewares in order to secure the coveted bag.

Around September 2022, Cavalleri contacted the retailer about purchasing another specialty bag but was told they were going to 'clients who have been consistent in supporting our business,' the suit alleges.  

Cavalleri 'understood she would have to spend more on Ancillary Products to obtain access to another Birkin Handbag,' and was therefore unable to buy one.

In 2023, Glinoga attempted to buy his own, but was 'counseled' by sales associates to buy ancillary products to potentially obtain a Birkin, the suit claims.

'Plaintiff Glinoga made multiple attempts to purchase a Birkin bag, but was told on each occasion he needed to purchase other items and accessories,' court documents allege.

Glinoga has previously joined other class-action lawsuits against Uber, T-Mobile and Robinhood.

Defendants in Tuesday's lawsuit include Paris-based Hermès International; Hermès of Paris, Inc., the sole authorized distributor of Birkins in the United States; and ten unnamed individuals associated with the brand.

The luxury label is accused of engaging in a 'tying' scheme in which consumers are urged by sales associates to purchase ancillary products.

Plaintiffs Tina Cavalleri and Mark Glinoga claim they were unable to buy a Birkin after being 'counseled' by sales associates to spend more on other products

Homeware and accessories can cost thousands of dollars themselves. Pictured: left, a saddle box retailing for $4,800;  right, a lantern retailing for $25,000

Other options include a desk lamp retailing for $13,100 (left) and a scarf retailing for $3,875 (right)

Birkin bags can only be purchased by physically going to a Hermès retail store.  'However, unlike most consumer products – and most other products sold by Defendants – consumers cannot simply walk into a Hermès retail store, pick out the Birkin handbag they want and purchase it,' the suit asserts.

It alleges that 'most consumers will never be shown a Birkin handbag at a Hermès retail store,' only 'those customers who are deemed worthy,' who are then led to a 'private room.'

The suit also notes that sales associates are paid 3 percent on these items and a 1.5 percent commission on non-Birkin handbags, but receive no commission on the sale of Birkin handbags.

'These sales associates are directed by Defendants to only offer Birkin handbags to consumers who have established a sufficient “purchase history” or “purchase profile,"' the suit claims.

'Defendants have designed the compensation structure of sales associates to ensure that sales associates follow Defendants policy of only selling Birkin handbags to consumers who have a sufficient purchase history of ancillary products.'

The lawsuit further accuses Hermès of using the scheme to 'effectively increase the price of Birkin handbags and, thus, the profits that Defendants earn from Birkin handbags.'

While the class action was filed in California, it is seeking other potential parties throughout the country.

Legal counsel for the plaintiffs accuse Hermès of violating antitrust regulations including the Sherman Act, Cartwright Act and California’s Unfair Competition Law.

The plaintiffs seek an unspecified amount in compensatory and punitive damages to be determined at trial.

Hanushka Toni, co-founder of luxury consignment shop Sellier Knightsbridge, conducted an experiment where she attempted to buy a Birkin bag on the spot at the Madison Avenue location

On one attempt, she was turned down. But on a different attempt, after mentioning she was visiting from London, she was told there was 'no need for an appointment' and given champagne and macarons before she ultimately ended up with a bag

Hermès has drawn the ire of consumers for inconsistent sales practices. 

Hanushka Toni, co-founder of luxury consignment shop Sellier Knightsbridge, conducted an experiment where she attempted to buy the pricey bags on the spot.

Toni mentioned she was visiting from London, where sales associates are not known to require guests to pre-spend on accessories and other goods before buying a Birkin.

With a Kelly bag around one shoulder, she entered the Hermès store on Madison Avenue on at least two separate occasions.

Upon telling a salesperson that she was interested in buying a Birkin, the man fired back: 'I'm sorry, madam, that's impossible.'

On another attempt, the response was far different. While it is unclear if that contributed to her ultimate success, she was treated to a vastly different response that she was on her other attempt.

'No problem! There's no need for an appointment!' the man said before instructing her to head to the concierge, where she was given champagne and macarons and ultimately wound up with a bag.

There have been whispers from consumers and fashion blogs for years about the brand's unfair policies, which Hermes has vehemently denied.

In a statement to Business of Fashion last year, a spokesperson claimed, 'Hermès strictly prohibits any sales of certain products as a condition to the purchase of others.'

However, CEO Axel Dumas has acknowledged that stores are encouraged to 'vet' buyers as the company attempts to stunt the growth of the resell market.

Hermès isn’t the only brand that has been linked to such practices. 

Dealers of watchmaker Rolex have been accused of requiring shoppers to buy from sister brand Tudor before being allowed to buy Rolex products.