Hermès Birkin Bags Lawsuit — When Exclusivity Gets Its Day in Court

Remember when Rebecca Bloomwood compared curling your fingers around the handles of a shiny, uncreased bag to cramming your mouth with warm buttered toast after days of hunger in Confessions of a Shopaholic? We all gasped a little at just how accurate she was — didn’t we? 

If you ask us, nothing quite says ‘I’ve arrived’ like a Hermès Birkin bag. Guess what though? Even Hermès isn’t immune to a little legal drama. The Hermès Birkin bags lawsuit has heads turning and you’re probably wondering what all the fuss is about. 

Here’s everything you need to know about the Hermès Birkin class action lawsuit.

But, It’s Just A Bag?

Wrong. It’s a Hermès Birkin bag. 

French luxury brand Hermès, first launched in 1837, has since been specialising in all things leather, accessories and even ready-to-wear items. While they were once associated with incredible craftsmanship, they’re now status symbols and well some serious cash, with the Birkin becoming one of the most sought-after articles around the globe.

Birkins, inspired by the iconic Jane Birkin, are priced between $12,000 and $450,000 in private sales, and the resale markets are just that much crazier in terms of pricing. Did we mention the annual price increases? Owning a Birkin means you’ve made it, darling. But with great power comes great responsibility — or in this case, a Hermès Birkin lawsuit.

Let’s be honest though, sure the craftsmanship and attention to detail are incredible. Now, however, things have gone way beyond that and the sky-high price tag. 

It’s actually about the chase. The thrill of getting your hands on something that’s simply out of reach. 

Hermès Sued! The Lawsuit Lowdown 

There aren’t a whole lot of people who can afford to dish out hundreds and thousands grands of dollars for a single bag. Those who can, aren’t guaranteed a Birkin. 

Do we think that’s fair? 

Tina Cavalleri and Mark Glinoga surely didn’t. They filed the Hermès lawsuit in California, on March 19, 2024, making rounds on international news. The duo alleges that Hermès has violated antitrust laws which require customers to purchase other products of theirs to be ‘eligible’ for a Birkin. 

Cavalleri and Glinoga went on to claim that this forms a Hermès ‘monopoly’ of sorts and that only customers deemed ‘worthy’ are actually shown a Birkin in person at Hermès stores. This is why, suppose you were to wish to buy a Birkin, the decision would be incredibly difficult. Especially since there are so many things to choose from; colour, style, size, leather and even hardware! 

At the end of the day, it’s actually not about waiting lists or limited availability; it’s about whether Hermès is playing by the rules or bending them to maintain that ‘oh-so-precious’ exclusivity. 

What’s really at stake here, you ask? Well, according to the Hermès class action lawsuit, it’s the brand’s alleged manipulation of supply and demand, creating an artificial scarcity that leaves would-be Birkin owners out in the cold.

‘Other’ Purchases to Be Deemed ‘Worthy’ — Is That True?

Is there any truth to the claims filed in the Hermès Birkin bags lawsuit or is it just a bunch of unhappy ladies that have yet again failed to get their hands on a Birkin?

Well, if you’re an avid collector, you’d know all too well, that unfortunately, it’s true! Hermès does, in fact, require you to establish a ‘profile’ of sorts, by purchasing other products from their broad categories. 

Does anyone really know exactly what amount this ‘Hermès pre-spend’ needs to be? Well, it’s hard to say for sure. Some have found themselves splurging a whopping $50,000 and more before they could get a chance to lay their hands on a Birkin. Others found themselves lucky enough to spend a ‘mere’ $20,000. 

A few claim to have walked in and frolicked out with a Birkin in hand on their first try. Do we believe them? Not really. But hey, can’t a girl dream? 

What Does this Mean for Luxury? 

Do the plaintiffs have every right to be upset over the sales practices? Absolutely. 

However, in a world where brands are struggling to stay relevant, Hermès has done a pretty good job for themselves at consistently staying at the top. Could it be that their sales practices are in fact above board and that the exclusivity of the Birkin is the entire reason it’s so sought-after? If everyone could waltz into a store and walk out with one, would it still have everyone drooling? 

Regardless of where you stand, one thing’s for sure: the Hermès Birkin bags lawsuit has everyone talking.

Legal Expert Opinions on the Hermès Class Action Lawsuit

To say the Hermès Birkin lawsuit has stirred quite a controversy would be an understatement. Unfortunately, though, things aren’t looking too bright for the plaintiffs according to legal experts. To be able to come out victorious, Tina Cavalleri and Mark Glinoga need to be able to prove that the Hermès ‘monopoly’ does, in fact, exist. 

The only monopoly experts see is Hermès’ monopoly over their own production line. Additionally, the ‘Hermès pre-spend’ isn’t entirely illegal. Why, you ask? Well, the luxury French brand doesn’t have product tying as part of their customer policy. Anything that’s not worded down, basically, is hard to believe, right? 

Hermès is also likely to come out the other side unscathed since they implement this ‘policy’ rather inconsistently. No one actually knows what amount to be spent is required to qualify for a Birkin and maybe that’s part of the entire game. 

Along with these facts, it’s hard to believe the Hermès Birkin class action lawsuit can succeed, especially since there are quite a few words misspelt, including Birkin. This highly undermines any attention — if any — the Hermès Birkin Bags lawsuit is to receive. 

The plaintiffs have also made another critical error. They claim that all Hermès products are available for purchase on their website, save for the iconic Birkin. This, couldn’t be further than the truth, since only a measly 2 out of their 80 bag styles can be found listed online. This isn’t actually illegal, contrary to popular belief, since several luxury brands, such as Chanel, tend to follow this trend. 

As the Hermès lawsuit in California makes its way through the legal system, all eyes are on the courtroom. Will Hermès be forced to change its ways, or will the brand emerge victorious? Only time will tell, but one thing’s for sure — this is one fashion fight we’ll be watching closely! 

The Bag, The Myth, The Lawsuit

Few things in life, apart from a little black dress, of course, are as iconic as a Hermès Birkin. 

How else could we possibly explain the allure of it, other than customers turning to courts to file a Hermès Birkin Baga lawsuit to force the brand to sell them one? Do you consider that as a win for Hermès? We sure do. 

Birkins goes through meticulous and thorough production processes and there are only so many they can make. If we think about it, it’s just not possible to give out a Birkin to everyone who wants one (that list is long, trust us). Yes, regardless of how deep their pockets run. One might even see the ‘Hermès pre-spend’ as a way to honour and cherish loyal customers. 

Ladies, whatever your take is on the Hermès class action lawsuit, it doesn’t change the fact that this one bag has the world going crazy for it. It’ll practically never go out of style. 

So, while people around the world continue to wait for their turn on endless wait lists, you get to turn to us, Love Luxury for all your Birkin needs. There aren’t any wait lists with us, just make your pick and have it shipped out to you the very next day! We’ve got a wide collection of gently used Hermès Birkins that are just waiting to be adopted. 

Happy shopping!