Here is their arguments. Basically they asked for a bag and were informed that bags are rare and when in stock go to known customers. (love "Berkin" which appears more than once in this fun document).
D. Plaintiffs’ Attempts to Purchase a Birkin Handbag.
31. Plaintiff Cavalleri has spent tens of thousands of dollars at Hermès, and had been coerced into purchasing Ancillary Products in order to obtain access to Hermès Birkin bags, based on the practices alleged herein. In or about September 2022, Plaintiff contacted Hermes about purchasing another Birkin bag but was told specialty bags are going to “clients who have been consistent in supporting our business.” Plaintiff Cavalleri understood she would have to spend more on Ancillary Products to obtain access to another Birkin Handbag. As a result, Plaintiff Cavalleri was unable to purchase another Birkin Handbag in September 2022.
32. In or about 2023, Plaintiff Glinoga sought to purchase a Birkin Handbag, but was counseled by Defendant’s sales associates to purchase Ancillary Products in order to potentially obtain a Berkin Handbag. Plaintiff Glinoga made multiple attempts to purchase a Birkin bag, but was told on each occasion he needed to purchase other items and accessories. As a result, Plaintiff Glinoga was unable to purchase a Birkin Handbag.
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