Hermès Faces Class Action Suit Over Birkin Sales Practices

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You can love and admire a brand and its craftsmanship, carry it almost exclusively, and be passionate about it but also be wholly unwilling to participate in this particular type of capitalism and consumerism. Bringing a lawsuit feels so very trivial. Rather, just go where your ethics lead you, the options are numerous and your time and money is better used elsewhere. I think there is an undeniable reality that people like to sugarcoat, which is, no matter how the company operates, no matter what your relationship with your store or SA is, and no matter how long you've been purchasing from them - this is a business and their goal is to make as much money as humanly possible. So, make your decisions based on your own morality/ethics.

1. If you want the privilege/clout of being offered an item after paying your "dues" to a wealthy company that ultimately doesn't really care about you, then you play by the well-known, unspoken, but somewhat clearly outlined rules you can find if you do any amount of due diligence on the object you want so badly (or face a fun surprise in person, either way).

2. Do you want the experience of being offered a bag after long-term patronage and loyalty to a wealthy company because patience/enjoyment/admiration/whatever we tell ourselves? Then you can give it a go and hope to be rewarded; experiences will vary. Enjoy the journey, as we say!

3. Are you disinterested in rabid consumerism in order to be offered an object by a wealthy company? Are you disinterested in pledging long-term loyalty to a wealthy entity that doesn't actually care about you because it's a business in the hope of being rewarded and you're doing it because patience/enjoyment/admiration/etc.? Then buy secondhand.

4. Are you disinterested in rabid consumerism, pledging loyalty to a wealthy entity that doesn't actually care about you because it's a business and you're environmentally conscious and find it all morally and ethically questionable how much we consume anyway but can't escape your love of fashion? Then buy vintage secondhand.

5. Hate consumerism and capitalism but begrudgingly accept it as part of life and shop for pleasure/fulfillment? Then internally torture yourself over every purchase and contend with the thought of man I could have done something pretty noble in my community with $7,000

6. Hate consumerism and capitalism, period? Don't participate, period; also, how did you end up on this forum

Full spectrum, lots of options not listed, all sorts of humans

Patronage at the Hermes store pays for the experience of exclusivity, which means that if you're purchasing from Hermes at all, you're already doing something hyper-exclusive to be in that monetary range. And you're further paying on top of that to obtain even more exclusivity in pursuit of a bag. A BAG.

In the end, no matter how you argue it, it's just - things -. In the grand scheme of life, it's so insignificant. The playing field isn't level to begin with; it's not in the nature of the beast for it to be level, and no matter what, if you're able to purchase anything Hermes, you have a privilege that the *vast* majority of the world will never have, let alone register on their radar of relevant life issues.

TLDR, I plead with much of the world to go touch grass. And find other better ways to show real, actual inequity in the world.
I started out as #2 but have since become #3 after no QB offers in 2+ years (Madison Ave store). It was better for my sanity. But while my Madison journey has mostly ended, I still purchase from the website or other H stores when traveling.
 
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but is it still legal to have exclusive members only clubs that withhold services to the general public if they don't pay their minimum fee?
I'd say it's legal, and the vibes are certainly similar, but I again think (as with the restaurant table example) there are too many key differences between the two scenarios. In this case, the cost of services/membership is known. It is not variable, based on spending on other things.

Honestly, the most similar/parallel industry I could think of is a casino. 😜 And that's regulated to high heaven!
 
I don't think Hermes ever anticipated the demand that social media (IG, YT, TikTok, etc...) was going to create for the Birkin and Kelly. I think they were blindsided by it all. I'm not sure even forecasters could have imagined the fervor that has erupted for these bags over such a short period. Also, I could be wrong, but I get the impression that Hermes doesn't turn to outside sources a lot for advice. They seem to stay true to their own mission/ideals, which honestly, is something I've always admired about the company.

I'm blindsided by how many people want to advertise to the World that not only would they kill to spend $10K plus on a bag + $10K+ on a lawsuit suit. The class action is liable to cost them more than any amount of fine jewellery and RTW. Also very strange to me (with everything else going on in the World) they're so fixated on, so obsessed with, something that you can pick-up from a reseller/auction house for much less, and there are all manner of other beautiful options by other bag makers.
 
Again, it sounds like your friend is making the case that there is no tying bc shes just buying what she wants and in some cases don't even have to buy anything other than the bag
Case law in tying is not so strict that everyone needs to be subject to it. It is just “more likely than not”. I think there is some sort of tying.

My friend buys in other countries, mainly in Europe. They wouldn’t have offered her a K if she wasn’t a good client outside the U.S. and she also got a newer associate. Not sure she would have had the same result with a senior SA. She bought four bags in China in the past few months or so and it was definitely tying. They showed her a chart of how much she needed to spend in each metier to get the bags she wanted and in one hour she was out with one QB for each trip.
She spends a lot in SLGs - it is not that she is just buying bags. She has all colors of all the wallets, cardholders, bracelets, charms etc. you can imagine. But she put her foot down when they tried to make her buy RTW and jewelry at her home store. Of course a store doesn’t want to lose a client that spends more than a million dollars worldwide a year. When she was about to move to the other store they called her in with a LE bag, and she was very clear that shouldn’t happen again, she only wants to buy what she wants to buy. She is tired of buying other products even if she likes them. Her main interest has always been bags. She prefers the Chinese system.
 
I'm blindsided by how many people want to advertise that not only would they kill to spend $10K plus on a bag + $10K+ on a lawsuit suit. The class action is liable to cost them more than any amount of fine jewellery and RTW. Also very strange to me (with everything else going on in the World) they're so fixated on, so obsessed with, something that you can pick-up from a reseller/auction house for much less, and there are all manner of other beautiful options by other bag makers.
It is the U.S. and lawsuits are more common here than other places. Plus the system is rather unique that it is so expensive to litigate that most cases end up settling. Sometimes judges tell you before it even start “get x amount from the insurance and let’s resolve this.”
The plaintiffs are not spending a dime. They certainly have no interest in being Hermes clients, and are calling out Hermes on something they do not think is correct. They might make some money out of it, and since they are the main plaintiffs, they will get more money than the rest of the class (if certified and there is a settlement).
 
She prefers the Chinese system.

They showed her a chart of how much she needed to spend in each metier to get the bags she wanted and in one hour she was out with one QB for each trip.
Lololololol Hilarious. THAT is def not luxury hahahah. To each their own. She obviously can afford to just fly to China and do it that way.

So are "we" actually mad that Hermes is NOT tying? lol ironic
 
In this case, the cost of services/membership is known.
Again, it seems like people are mad that they are NOT tying. So people would not be pissed if its said upfront you need to spend 20k to get x bag. So people actually want tying.
Honestly, the most similar/parallel industry I could think of is a casino. 😜 And that's regulated to high heaven!
lol that my friend is 100% true. Luck is really really really the biggest factor shopping in Hermes US.
 
It is the U.S. and lawsuits are more common here than other places. Plus the system is rather unique that it is so expensive to litigate that most cases end up settling. Sometimes judges tell you before it even start “get x amount from the insurance and let’s resolve this.”
The plaintiffs are not spending a dime. They certainly have no interest in being Hermes clients, and are calling out Hermes on something they do not think is correct. They might make some money out of it, and since they are the main plaintiffs, they will get more money than the rest of the class (if certified and there is a settlement).

Thank you. In the UK, people better have £ots and lot$ of money before they even think of court, and the 'no win no fee' lawyers only take on clients they know are going to win.

Sounds like a chancer-racket to me.
 
Lololololol Hilarious. THAT is def not luxury hahahah. To each their own. She obviously can afford to just fly to China and do it that way.

So are "we" actually mad that Hermes is NOT tying? lol ironic
Honestly, I would prefer “clear” tying to, like in China.
She doesn’t fly to China or anywhere for bags. She is a very successful young CEO of her own company which has offices in many places around the world, so she goes to these countries often. She built the business and all these offices.

I think Hermes could provide a much more luxurious experience if they relied more on strategic consulting for advice. I have a friend who worked on their finance department in the US and she said it was terrible. She is still friends with her colleagues, but she definitely said their finance department is not of the level of a luxury brand and she has 20 years experience in the field.
 
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Also very strange to me (with everything else going on in the World) they're so fixated on, so obsessed with, something that you can pick-up from a reseller/auction house for much less, and there are all manner of other beautiful options by other bag makers.
If you think they're initiating the lawsuit just for a Birkin and to fuel their obsession from the store... why are they pursuing the avenue that they know full well has already resulted in them being blacklisted from every H store world over, regardless of whether they win or lose?
 
I have found in working with individuals who have been aggrieved enough to sue a corporation, not including physical injuries, is that these individuals are upset because they have felt disrespected and humiliated. Although I have received stellar service at my local Hermes in the US, I have been left embarrassed and uncomfortable in Ala Moana and FSH. Not humiliated enough to sue. An example of a successful Plaintiff who was motivated by revenge was the Rai v. Taco Bell case in Ventura, Ca. Taco Bell settled with a Hindu gentleman when they erroneously served him a Beef Burrito in the drive through instead of the Bean Burrito that he ordered. He was left traumatized by chewing beef because he is Hindu and sought $144k. He settled for half that amount and he pursued the claim in court because Taco Bell trivialized his claim, showed no remorse, and failed to offer a refund or apologize at the time. He said he sued on principle and not money.
 
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Saw this comment on the blog:
"The legal principles behind antitrust is to protect consumers (although I admit that it’s used for wrong ends in practice), so it’s hard to understand why any consumer would try to defend Hermes here."

One reson is the negative network effect ("snob effect") of some goods/services - where when more is available/accessible, the less the demand. Because the consumer wants something unique - no bueno if other people also have it.
 
I think it is a much better system than what the U.S. has currently.
Each country caters to its local customers. It is fair that people that live in France or in Europe have more access to bags in their countries than US customers. The stores are in Europe.
It is very rare you will see an European hop on a plane to just try to get a bag in the U.S. I only know two Europeans that wanted Hermes bags and were not able to get them yet in Europe. I know many Europeans that didn’t have to spend a cent to get a B or K, and many that didn’t have to spend much to get at least one. Things changed since COVID but it is still a more fair place to get a bag than the US.

You kinda made my point for me. The lottery system works great for those in Europe, just not as helpful for those outside the area. Maybe that's how Hermes wants it to work.
 
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