Hermès Faces Class Action Suit Over Birkin Sales Practices

[jenayb]

If someone bought birkin bait and gambled on making money reselling a bag, that’s on them.

And... For me, it basically boils down to the sentiment that no one forced anyone to buy anything. H SAs don't run around putting guns to peoples' heads, so to speak.

If a person freely purchased ancillary items believing they would be offered X item, or really believing they were then owed X item(s,) then that's on them. This speaks, for me, to a larger issue of entitlement and the feeling that one is owed when truly that is not the case.

 

[Veritybelle]

which should have been the thought process of the legal team in the first place. lol

Exactly! But jokes aside about the merits of this (or any) suit, I’m actually surprised it’s taken this long for an action like this to be brought.

 

[Veritybelle]

And... For me, it basically boils down to the sentiment that no one forced anyone to buy anything. H SAs don't run around putting guns to peoples' heads, so to speak.

If a person freely purchased ancillary items believing they would be offered X item, or really believing they were then owed X item(s,) then that's on them. This speaks, for me, to a larger issue of entitlement and the feeling that one is owed when truly that is not the case.

Plus, H is not the only seller of Birkins. Thousands of people sell Birkins (and Berkens…). The fact is the plaintiff can buy basically whatever Birkin they want, BNIB, tomorrow, on the resale market (leaving price aside). Nothing H does or does not do in any way prevents them from getting access to a Birkin. In fact, the plaintiff has more control over the desired specs of their Birkin by NOT buying it from Hermès. If they chose a different route (ie trying to buy from the boutique), also on them. In neither case will that Birkin cure cancer. Time to grow up!

 

[stephbb9]

Hermes ‘s insurance provider might demand that they settle, IDK

I always assumed that the reason why Hermes restricts product and has moved away from waiting lists must be at least in part, (perceived as ) better: for their bottom line; for the perceived value of their products; and for their shareholders. I’m not sure that being fair to walk ins, who want a popular bag and who will never be seen again, plays into Hermes corporate awareness at all.

At the end of the day, the clients Hermes wants will probably stick around: aspirational clients; some lifestyle clients; some loyal OG clients; and some high net worth.

This lawsuit might shore up the resale prices of some bags,* but there are a lot of mini K’s out there that no one is buying for 3X plus retail price. If someone bought birkin bait and gambled on making money reselling a bag, that’s on them.

*ETA: @acrowcounted , I had the vague notion that a lawsuit reinforcing the belief that these bags are difficult to purchase at retail might increase demand for reseller bags. (I don’t really see this lawsuit going anywhere, but I’m no expert). The softening demand for anncillary goods even at below retail, secondary market prices, might discourage those who don’t care for the items on their own merit.

I don’t know how it ended up!
Here’s a description of what happened:

Patek Philippe Store Sued For $500,000 After Customer Claims He Was Duped Into Building A Purchase History

A lawsuit has been filed in San Francisco against one of the longest-serving family jewelleers in the United States after a customer, who alleges he was told he could climb a waiting list for a highly desirable Patek Philippe Nautilus by building up a purchasing history, was unable to buy it.

www.watchpro.com

 

[Veritybelle]

I don’t know how it ended up!
Here’s a description of what happened:

Patek Philippe Store Sued For $500,000 After Customer Claims He Was Duped Into Building A Purchase History

A lawsuit has been filed in San Francisco against one of the longest-serving family jewelleers in the United States after a customer, who alleges he was told he could climb a waiting list for a highly desirable Patek Philippe Nautilus by building up a purchasing history, was unable to buy it.

www.watchpro.com

The Patek case sounds very different from this H suit. But the entitlement factor is interesting in both situations, isn’t it. It’s the Veruca Salt effect!

 

[addiCCted]

The Patek case sounds very different from this H suit. But the entitlement factor is interesting in both situations, isn’t it. It’s the Veruca Salt effect!

also interesting is they're both suing in SF....where all the business are seemingly moving away.....but correlation mumble mumble causation...

 

[showgratitude]

Curious to know how this will end. Will H settle with the two by giving them their "Berkins"?

 

[stephbb9]

Curious to know how this will end. Will H settle with the two by giving them their "Berkins"?

That’s what I was thinking. 🤣

 

[cravin]

I’ll gladly testify on H’s behalf (if they give me a bag in return) <— joke

We’ve purchased MANY more bags than we should have been allowed to if this claim was official company or store policy.

 

[AnnaE]

I am not a lawyer, but lawyer friends (granted, none specialize in this area of the law) don’t believe there is much merit in this lawsuit.

What I find interesting is that one of the law firms is personal injury/‘ambulance chaser’ (personal injury to the clients’ wallets?!) and one does employment law and class action lawsuits.

One of the plaintiffs seems to really enjoy suing corporation as is evidenced by his lawsuits against T-Mobile and Robinhood.

We can all draw our own conclusions here.

 

[TC1]

And... For me, it basically boils down to the sentiment that no one forced anyone to buy anything. H SAs don't run around putting guns to peoples' heads, so to speak.

If a person freely purchased ancillary items believing they would be offered X item, or really believing they were then owed X item(s,) then that's on them. This speaks, for me, to a larger issue of entitlement and the feeling that one is owed when truly that is not the case.

Right? I’m sure SA’s are careful with their verbiage when people walk in and ask for a Birkin. Saying “have you seen items from our jewelry line?” is hardly lawsuit worthy.

 

[bluediamond35]

Unless they get official Hermes documents of such practices I think everything is heresay. Or video footage of undercover sa showing management mentioning that. But even then it could be argued as rogue employee.

That’s probably why they have lucky walk in qb offers. Exactly to prove cases where linked sales is not the case.

But it can see them arguing the bags are handmade so there will never be enough bags for everyone who wants one. So what now? The govt can force manufactures to make sure everyone’s demands are met?






Depends on if judges and/or spouse also has a birkin or not.

I jest

Agree. If there is SA correspondence that strongly suggest pre-spend, I could see that as supporting evidence. I could also see Hermes saying "rogue " client associates acting on their own accord and its an internal matter to "re-train staff on corporate policy"

 

[880]

Perhaps clients could be playing some form of entrapment lol with an SA when they say: I would like 2 Avalon blankets; some tea cups; and this laser cut leather coat…. And do you happen to have an etoupe B30 lying around 😋
(But, I could also see a client turning this around to say, the SA told me if I bought x,y,and z, that I would get an etoupe b30

 

[CTLover]

There may be some disgruntled former employees willing to talk.

As to comments about sloppiness, there were errors in the filing but it’s not unusual for small firms. Does it make a good impression? No. But they seem to have a couple of experienced litigators who’ve gone after some really big companies and were successful.

Not just disgruntled. If you are called as a witness, you have to tell the truth. If you don't, and are caught, it's a crime and could subject you to jail time.

 

[benjinito]

Perhaps clients could be playing some form of entrapment lol with an SA when they say: I would like 2 Avalon blankets; some tea cups; and this laser cut leather coat…. And do you happen to have an etoupe B30 lying around 😋
(But, I could also see a client turning this around to say, the SA told me if I bought x,y,and z, that I would get an etoupe b30

Right? I’m sure SA’s are careful with their verbiage when people walk in and ask for a Birkin. Saying “have you seen items from our jewelry line?” is hardly lawsuit worthy.

I've mentioned this story here before ... but I personally know someone who had a SA (in the US) who would spell out the exact required spend for each bag. This was a few years ago before the H obsession started. The SA is from the same cultural background as my friend and these "deals" are done verbally in their language. I personally asked this SA how much it would take to get a K25 Sellier and was told $4k purchase in other products. I declined the offer at the time because I was brand new to Hermes and didn't feel confident I could reach the $4k spend in one go (oh how times have changed )

This SA in particular was smart enough not to leave a paper trail, so I don't think I could have sued her if I made the purchase and she failed to deliver the bag. Though I definitely would have been very salty