REACTING TO HERMES BEING SUED OVER HOW THEY SELL THE BIRKIN - The end of Hermes!?
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- เผยแพร่เมื่อ 2 ม.ค. 2025
- Hermes are being sued in California for how they sell the Birkin, with a lawsuit being lodged by 2 plaintiffs from California, and an anticipated class action for what they say is an alleged breach of antitrust law. Effectively, the plaintiff's are seeking to sue Hermes for what they say, is tying the opportunity to buy a Birkin to a sales history of buying other items, that you have to buy unrelated products from Hermes to be afforded the chance to purchase a Birkin, what is commonly known on social media as the pre spend.
In this video I give you my reaction and my thoughts to this law suit and what this may mean, all views expressed are for entertainment purposes only, this is not evidence based, is only my view and all allegations are alleged.
Let me know what you think!
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I am a lawyer in America, and your explanation of the lawsuit and how it may play out is the best one I’ve seen yet. Well done.
Thank you so much, that means a lot
Yes, in Australia this activity is known as third line forcing. The forced purchase of other goods, as a precondition of the primary intended purchase.
I would like to join the class lawsuit
Yes I like her explanation. Best one so far. Well thought out. Not like that one cant remember her name who says is it that deep?
Since you are a lawyer, let me ask you this: If there is no guarantee, is there a "tie-in"? Another lawyer said something about the fact that it can only constitute an "offer" which they do not have to honour. Sorry no lawyer here obviously.
I wonder if they will be forced to reveal how many bags they really make.
Ohh that would be interesting
Yes, it’s wrong! It could also be consider a form of discrimination.
I would even go as far as calling it a form corruption!
@@MsZanevand extortion 😂
In which way? If they would just put everyone on a list you would have a waiting period of a hundred yrs...
It really could be
I need this to go to trial and to be televised! This will be the new Gwyneth Paltrow ski trial. I’m hoping for a fashion show on the witness stand, awkward moments during questioning. I hope Mel from Purse on Fleek testifies. This could be entertainment gold and I am here with my popcorn hoping this happens for all of us!
The ABSOLUTE best comment to this Hermes lawsuit yet! A subpeona for Mel from Purse on Fleek to testify is hysterical - she will cry on the stand with her list of demands. 🤣🤣
Awww thank you! I truly hope the trial of the century happens for us purse lovers lol!
Oh i am here for this with my popcorn!
Hermes is Like AMBER TURD
Fanny that Hermès sayed that for "loyalty clients who love" the brand....but the preloved market is full with never worn birkin and kelly bags 🧐
Best comment!! 😂😂😂
But they really do... those bags are offered to long existing customers, just those don't turn them down, they make a business out of it...
I was into Hermes from a very young age on, talking about the 70s, loving to read about it, know a lot about it, used my mother's scarves already in the 80s.
I own quite a few wonderful scarves, dresses, accessoires, shoes - some of it inherited, some of it bought here and there in different places in the world... In 2021 i brought them something for repair, the young lady was obviously French and we chatted in french about Hermes, Fashion overall, Paris etc and - despite me not having a customer account and no real purchase history she offered me one... I turned down the offer, bc I don't spend so much on a bag I don't consider to be practical for my life
This always confuses me, how many the resellers get their hands on
@@ameliarosescloset rich ladies living off alimony, making a few bucks on the side
Never understood why Hermes does not let you order the bag with the specs you want, then wait for it to be made.
Because if they did that nobody would be buying the rest of their junk.
I think they might in the future
They do twice a year, a l carte/special order.
On point!@@oldpalmcity
Cause they don’t have to. Like? And if you don’t like it , don’t buy from them.
I hope Hermes loses… BIG!!!!
and we can all buy bags!
I don't even like their bags, but I hope they lose anyway, lol
@ameliarosescloset would u buy it if it didn't say hermes?
They won’t. They will probably just stop selling to americans
You think Hermes losing in court will suddenly increase the production of their Birkin bags?
Are the bags really scarce? It seems like there are many on the preloved market.
At a fortune.. amazes me the resellers can get their hands on them. They are scarce from store for most of us
They’re multiple times more expensive on the used market. And there have been articles that Irma is trying to hire and train more leather goods makers for their factories, because the demand is so high. So that doesn’t apply there’s a scarcity.
I hope they win the lawsuit. I am tired of Hermes gate keeping by trying to get people to buy thousands of dollars worth of things. How can they prove that people who buy multiple things are not buying them just to get the bag. It doesn’t make them anymore dedicated than the person who just want a bag.
The random crap ppl were convincing themselves they wanted just to get a chance at the bag later, idk how they got away with this for years
Very good point
I’m in agreement. I do not want to buy anything from Hermes these days but I hope Hermes loses this lawsuit.
I was just thinking this same thing and recently brought up this point to a colleague 2 days ago. This is truly extortion and the belittling of having to kiss up to a SA as well as have all these rules to follow just be on your best behavior with the hopes of getting a bag
I’m an hermes lover. I love to shop at hermes… and understood the game well! However, hermes need to learn! Hope hermes will loses this lawsuit 😢
Its like if Cartier and Tiffany says to buy high end pieces you need to buy a load of silver pieces first lol
Lol then I’d own lots of Hermes bags 😂😂😂
So true!
It was just a matter of time. It would be nice to be able to purchase a bag without convincing a sales associate that you are worthy.
it would be lovely!
That sounds like that episode of Seinfeld where people had to be "worthy" to buy the soup. "No Birkin for you today!"
Completely agree with the idea of having to convince an SA that you’re worthy. And their definition of worthy concerns me. I’ve known a lot of people who have been offered a bag and many who have not. I can tell you the people I know who dress in a more casual or less ‘sophisticated’ way have been passed over time and time again while those who look the part have been offered some ridiculously hard to get bags (think black mini Kelly with GHW). I’m not saying it happens that way 100% of the time but it happens that way often enough to raise eyebrows. That plays to a lazy stereotype that those who don’t dress like a Real Housewives character cant afford a birkin or would harm the image of the birkin. Of course if they allow anyone to buy a birkin then all the people building a profile in order to be offered a bag that they intend to resell for twice the price will be up in arms because the resale value will drop. Which it should. Making someone pay double for a bag simply because they are not deemed worthy is an abhorrent practice which H facilities thru their selling practices.
These bags are ridiculously priced so they say your not worthy after paying 6 figures !! Is the most insane Karen witch shit I ever heard
They’ll just pull all stores from the US….perhaps
This lawsuit is important because Hermes’ business model is a scam. And if they are allowed to continue to operate this way, other companies/brands might follow their business model and in the future it’s the consumers that will suffer. So they absolutely need to be held accountable. What they are doing is unacceptable and incredibly cheap. In fact, because of it, I have zero interest in the brand, it doesn’t feel luxury to me because the way they behave is disgusting and they act like they are so desperate for money that they have to hustle so much and bully people to buy twillies, ugly card card holders, blankets and sandals just to be even considered for a bag. My goodness. I’ve been a bag lover for years and years and even I cannot participate in this kind of madness.
I am definitely intrigued to see what happens
girl. That *preluxz* bag, you look great wearing it! ! I like!
IMPORTANT INFO:
the plaintiff HAS a birkin. there is another plaintiff. these are not "people who can't get a birkin and decided to sue". they're just people who think the game is absurd, like all of us.
source: ny times
Ohh thank you for this!
Amei todas as bolsas lindas e de muito bom gosto.Parabens *preluxz*
If this lawsuit was filed in the US, there's a good chance the plaintiffs will prevail. This is similar to a lawsuit that was just settled against US realtors related to the practice of fees (standard 6%) that was charged to the buyer/seller of a home in the US. The Realtor's Association of America ended up having to settle a multi-billion dollars lawsuit. Nothing was ever written down, it was just "understood" as an industry wide practice.
It is in the US. If plaintiffs have enough competent evidence, I think they've got a good tying case. And the fun thing about antitrust suits is treble damages!
Oh that’s very interesting
I am surprised because in French commercial law, this is absolutely illegal, it’s what we call “le refus de vendre”, it’s forbidden to refuse to sell something to someone, it’s not like in the US where it is totally allowed. So all depends on the jurisdiction, where it takes place I would say.
Personally, I think that they can keep their bags, I refuse to play this little game.
Cette pratique est illégale en commerce international également donc la marque est pénalisable dans tous ses pays d'implantation
@@kleineoOoStern J’ignorais ça, merci pour l’information.
I think it will be interesting to see how it plays out
This is an interesting story. I’am curious how some influencers can get 4 bags an other have to wait for years.
I am as well!!
Customer discrimination!
every year tamara and her hubby get 4! they buy zero hermes items outside of it!
About Tamara, she buys shoes and ready to wear and has relationships with SAs in FSH Paris. She also wear Hermes to the fashion shows in Paris. I think she’s a mini celebrity there.
she said they have separate profiles, so each of them get 2. whether that's true or not, who knows@@lisaa953
I can’t imagine the lawyers would’ve filed the suit without already having some internal Hermes policies in writing leaked to them and company staff testimony. I’m curious if the employees had to sign NDAs prohibiting them from disclosing these policies. I’d bet they did. Interesting to see how it unfolds!
The class action process will also give them accessing to broad-ranging discovery even if they don't already have everything they need right now.
Be very interesting to see what they get by way of discovery
I wonder if they have sales associates who will testify that although it is not an "official" written strategy, that everyone "knows" this is what the company position is. If you look at organized crime, part of the way the bosses try to distance themselves from charges is by speaking in an oblique manner. They never come out and say what they want, they just wink and nod and allude to the action they want taken. If the plaintiffs can convince the judge and jury that this was the case, then they might win. Honestly, Hermes could have avoided all of this if they had set up a system where: they paid the sales people commission, upped the price of the bags to whatever they thought was justified, and let people special order their bags. If you could walk in, pay for a bag up front, pick your color, hardware, and size, and be told "it will take a year to get this to you" I think many people would have gone for it.
Yes they can lead evidence about the practice, from customers who have been invited to take this approach.
Former sales people can give evidence, and customers.
I personally can't stand the twilleys, even the name is stupid. Also the tokens which aren't even well designed. The horse one is ridiculously juvenile and is made from scraps. The prices are ridiculous. The H blankets, the H cushions, etc. Horrible, Unless your name is Harry, or Harriet.
Interesting.
By not giving a commission on the sales of those bags, they are forcing SA’s to sell ancillary items to make a living. Or maybe the SA’s are greedy and try to squeeze as much as possible out of customers? 🤔
Definitely interesting aspect to it
That’s exactly what I was thinking! What else is going to happen with that set up?! But I don’t think the SAs need to be greedy - just trying to make a living.
Maybe greed would depend on what their base pay is. 🤔
Interesting. This case needs many witnesses.
it was about time someone sued them! I am an Hermes customer and bought different things, and been "offered" to get one, but I refused it, because I don't like the style that much and the hype around it ( and the risk of thieves, etc). I am happy buying stuff I want from the brand, and at the same time I am happy for them to lose the class action, so the hypes fade away around those bags and we can move ahead! I can't stand anymore of those big hauls just to show how to score a B or K, or tips on how to score one. I would be happy to finally see everyone purchase one if they want to
Same here... was offered one, turned it down
This seems like a fair way to do it!
I am one of those people waiting 3 years now for a bag. I just texted the sales associate again yesterday about a bag and I haven’t been offered one. Unfortunately, I have spent money buying other things I didn’t need and still nothing. It’s not right.
3 years with spending and no bag! That isn’t right
That’s why I refused to play the game. I got my K25 in Japan- Ginza Xiaoma. More expensive? Definitely yes, but I got the exact bag I want in 3 days
I refuse to submit to their bs. Why should I spend thousands on garbage I don't want for the chance of being offered a bag, like it's some kind of great honor? They should be honored I'm willing to buy from them. So I get my bags from resellers.
That's the route i went as well
I’m not surprised, I can’t believe they haven’t been sued earlier because it’s almost discrimination. I don’t have a problem with it but, if someone wants it and has the money, they should be able to buy it.
Quite a few people have said it is discrimination
I had/have a SA at Hermes in Denver. I purchased a cardholder and three weeks later I was contacted about the Picotin 18 I wanted. I know the Picotin is not a quota bag. I asked him what the process was like and he explained to me that the process was about availability & demand. He made me articulate exactly what I wanted before I was shown and offered the bag. It was a great experience- he was so attentive & very communicative. And the Denver store is very popular yet relaxed. However, I recognize that I didn't and don't want a Birkin.
This sounds like a great experience
I hope Hermes loses. I have a few of their bags but I hate that I just can’t buy a B25 in the color I want it in! And I don’t want to pay 2.5x the price on resale. I’ve been tempted but I just can’t when the real thing is 10k
I went into Hermes to create my wishlist for the first time a short time ago. I was pretty honest about wanting just the Birkin. By the expression on the SA’s face, she told me that my ask was a long shot. She then continued to tell me that she encouraged me to “explore” the brand. I don’t want or need other things from Hermes. I buy ready to wear, bags, accessories, shoes from other luxury brands because I like it and will use it not because I have to spend to get a bag from them. I won’t play the game but will continue to renew my wish list. ☺️
Oh that def sounds like she was 'encouraging' you to buy other things to have a chance of the birkin
@@ameliarosescloset Exactly! And I’m in California so the lawsuit may be on to something. We will see how it plays out. End of the day, I Just want to get my Birkin. 😂
Hermes extortion
Since SA’s don’t make a commission on quota bags, they do not have an incentive to sell the bags.
But they do have incentive to sell the other items
We need the camera crew in the courtroom for this trial.😊
Yes!!
Just a thought. This is a hypothetical scenario. If one of the plaintiffs accuses that "customer A" has purchased say 3 Birkins in the same year, but that same plaintiff (customer B) was not offered or had the ability to purchase even one, I feel they have a legit argument. It would be a task for the lawyers to be able to get access to information on customer purchases from a store and see if there is a pattern of Hermes singling out potential Birkin and Kelly buyers and showing favoritism. It will be interesting for sure to see this unfold.
In the US they will subpoena the information from Hermes during a case. It will show up in discovery. It won’t be difficult to find
They will probably request that as discovery
it would be interesting to try and go into Hermes right now and buy a bag with no pre-spend history
Oh yes it would!
This is a very interesting case. I can’t wait to see how it turns out.
One thing I do think is important to remember that here in the US, we have a nasty history of discrimination and cases like this about brands and businesses picking and choosing who to sell their items too, could potentially lead to other types of businesses getting permission to discriminate for any other reason. With that in mind, they really need to be careful about what precedent is set.
With that said, I think for many people (not me) part of the allure is that they are so hard to get and that is part of the selling point. So I definitely see both sides. Great video as always.!
Thank you! There was a recent case in Ireland over a cake, where a bakery refused to fulfil the order due to the message, it went to the supreme court in the end.
Yes, I'm wondering if this falls under the right to refuse service in some way. Their store, their rules.
Sorry the US is not the only country that has been discriminatory in history. We have laws to prevent that now hence this case is coming from the US.
@@ameliarosescloset I meant to ask, do you practice law where you live?
@@equestrianna13 for sure, but if a court were to affirm that this is an acceptable selling practice- who else gets to adopt it? Is it ok for Chanel to do it? Is it ok for medical device companies? Grocery stores?
Imagine the scenario that Walmart has a contract with coca-cola and needs to sell a certain number of units. Should Walmart be allowed to require customers to buy $x in coke products before they can buy eggs or produce?
That example is half-baked but (and I’m no lawyer!) That’s my main worry. It’s hurting no one (other than feelings and egos) now that it’s purses and twillies, but this could expand to actual necessities if the courts become careless to the concerns of people and the greater good. And it would f**** DYSTOPIAN! 😵💫
I walked out of the Madison Ave store after waiting for 30 minutes upstairs. All I wanted to do was find out more about the Kelly Move, and I was told, I can't try it on even though there were about 8 of them hanging up, and the SA didn't know the price. Why bother to have a shop or associates? I was also told that I was not "allowed" to look at the Constance and she gave no reason. I have many many purchases of things I love, yet I can't even ask questions. Bye Hermes.
That's a terrible way to be treated
I have a feeling that Hermes has already thought of this as a possibility and have been very careful not to make it official policy in any way. Clearly insinuated but I doubt there will be any documentation directing staff to link bags to sales. Big implications though if the people are successful in their law suit!
Huge implications!
I’m surprised it took this long for someone to sue them. I’m interested to see how it all turns out. TFS 🤗
I was wondering the same thing.
Hermès almost creates an implied, tacit contract with customers, by way of these widely known (but unspoken) requirements to purchase a boatload of other products to garner eligibility to purchase a Birkin or Kelly. Testimony from important managers and directors could bear this out unless they want to risk committing perjury.
There could be some very awkward questions to be answered
@@ameliarosescloset This is so true, Amelia. Even if any such practices were discussed in the boardroom or in the back of the store, but never written down, the witnesses would be compelled to testify truthfully, so if this is not dismissed, it will be an exciting case.
It is a type of extortion if you think about it, but in the end it's their product, their rules.imo.
It will depend on the letter of the law on whether there are any breaches but i totally understand this view
It's not extortion because they aren't making you do it.
@prettyacct- All the weak ones feel like they have to play that game and give in to me it’s more like taking advantage of people.
The beaches would be very difficult to prove. And when everyone knows you could go to Paris and try your luck they have already proved they dont require prespend....
This was so interesting! You did an amazing job of explaining this, you are extremely well educated and spoken! I took your advice and bought a preloved Hermes bag, not a Birkin, but a bag I liked and decided it was the best way to go. No Hermes where I live
Thank you so much!
I bought a Chanel recently at the same price as a Birkin. Hermes is too arrogant and I don’t support their practices hence I am not seeking one. I hope this lawsuit makes people realise that they are not worth it,
I’ve wanted a birkin and Kelly since forever and now that I can finally afford one I decided I’ll get it from a reseller because the store experience to get these bags is tragic
But Chanel’s problem is their quality does not match their high prices. I would argue that it’s more worth waiting and eventually buying an Hermes bag than buying a Chanel bag that has cheaper quality.
Birkin retail more than Chanel classic. The quality is far superior than Chanel. The thing is that Hermès is just better than Chanel.
Congratulations on your Chanel!
@@Serena_9 but not sure if it’s worth playing the mind games with the SA and spending three times the amount of money on unwanted items from Hermes
An interesting and well thought out video. The first step I believe is that the case first must be certified by the court as a class action before it can proceed. So assuming that step hasn’t yet been taken, we will wait for the court’s go ahead. I have briefly looked at some legal commentators who are saying the fact that Hermes’ does not have a blanket policy or consistent practice (eg. as you pointed out out some can walk in and get a bag with no history) will provide them with a good defence. Hmmmm, makes you wonder if that’s why they purposefully let a few bags “slip through”. Regardless, it’s a ridiculous game that I would not play either. Standing by….
Oh that's an interesting point, why they allow it for some
In the US I think it is illegal to refuse a sale to a certain extent. Meaning that if you have an item in stock you are obligated to sell it. Probably it doesn’t necessarily apply here as all Birkin have different specs.
Also the fact that Hermes will display their bags but not for sale. This is gonna get messy and I’m here for the coffee ☕️
They don't have stock... everyone is custom made.
1/2 what's wrong is the lack of transparency. within the boundaries of law, a seller can choose whom it sells to, i think. the problem is that hermès make their clients crazy with misinformation and lack of it. and with this lack of transparency, we can't even know if they're acting lawfully.
there are a lot of conflicting accounts
finally. go, californian lawyers!
we are all watching!
Yep. Saw this on the Los Angeles news yesterday. Im curious to see where this will go.
Me too, so intrigued
I have heard reports from shoppers saying that SAs have provided a *specific amount of money* they need to spend in order to buy a B or K. Unfortunately (for the consumer) H corporate has been very careful about what they say or do regarding linked sales, so I think it’ll be hard to prove in court, and if push comes to shove they’ll throw SAs under the bus (no pun intended lol). Just my opinion obvs. Great video Amelia!
I also think that they will throw the SAs under the bus.
But as their bosses they don’t know what’s going on? They’re either very stupid or complacent. To run a billion dollar business with this type of longevity corporate definitely isn’t stupid so I vote complacent
@@tarreemhacaruso2687oh for sure! I agree with you that they know, but I think they will deny, deny, deny. Denying the practice has always been the corporate-level stance.
I agree with you, and then it will be trying to prove HQ knew about it
@@ameliarosescloset We cannot be negative about it isnt it.If everybody say that, whats the point of justice system.? Even they can get away other things might balance out. This is the period of truth coming out.I always believe that you reap what you sow.
I’m wondering if Chase Amie’s patronizing interview with a ‘professional’ shopper of Hermes will come up. In that they confirm the euphemism of being a “loyal” customer to be offered a quota bag by buying random stuff until you’re deemed worthy. Either they tell all they know or confess to be lying in that conversation.
I haven't seen this interview in need to check it out
One time I went into a Chanel store inquiring about a bag and the sales associate told me you needed a purchase history. I was like No you don't! You're not Hermes and I'm not asking for a Birkin. Some girl on a power trip I guess.
i heard chanel were going to try and introduce that
No you do need a purchase history for some items with Chanel in the US. When I bought my classic flap they looked at my history. Also for a lipstick shade that I couldn’t find. I couldn’t believe it for a lipstick. I was shocked.
That’s crazy! I hope they back off because this is not the moment to introduce tricks
@@ameliarosescloset this was a few years ago
@@katemiller7874 WOW!!!!!
Hermes is like a bad boyfriend that stands you up to prom. We need to break up with Hermes!
Lol yes!
Tbh I always thought that wasn’t fair so they should get sued
It is definitely not fair
Thank you for this video I was waiting for someone to talk about it
Thank you! I find it so interesting!
I think all the lawyers have to do is comb through Social Media platforms and see the same things being said about their practices. There is too much information saying the same things and you can’t get around that
Some videos have actually given very specific detail about pre spend
You have that kind of money for the bag you should be able to get the bag. Not a game for me, I’ll spend my money elsewhere.
it wasn't for me either
Not available bags don't seem luxury to me. I love going into a store, have a glass of champagne, and try on different bags before choosing one. Never cared to own Hermes because of what others have experienced.
I love that experience as well you describe, it feels like an event
I was waiting for someone to sue them… whether this is the policy written or not this is what happens in practice. There’s another woman I follow on YT who is in San Francisco and buys and buys and buys from Hermes hoping to be “offered” a Birken to purchase and she still hasn’t been. To me the case will be easy to prove, I’m sure no one that has purchased a Birken from Hermes has zero sales history with the brand.
it would be interesting to see if that happens - zero history or zero family members history
Exactly @@ameliarosescloset
Yes, and the online purchase history apparently doesn’t count with the SA. Even though it demonstrates “interest.”
I’ve never seen a rose poupré Birkin or coulor leather before, my eyes are tricky with colours like purple and pink and whatever in between. It looks like rose Mexico to me/on camera. I was wondering if it’s more bubble gum or Barbie pink in real life(not good at describing colours). Is it the same colour as Jessiestyle Birkin?
Yes it’s the same as jessies, it’s like a deep fushia with purple undertones
Sounds like a shake down.
A bribe.
For a birkin!
I wonder if they could examine sales history and who purchased a Birkin. I think there is likely a strong pattern in the sales data. I mean
Hermes is never going to say they do linked sales. I also think that relevant this lawsuit is in the US as we haven’t had the wishlist system. A wishlist system is Hermes defense to linked selling. However, they don’t offer that system in the US.
I guess this could be in discovery
I’ve never understood the Hermes’ game other than it making people spend money they truly don’t want to spend and to make Hermes more money and desperate buyers, it’s outrageous! But then, I am not a fan of the bag anyway so my opinion won’t matter. Love your vlogs 🥰🇦🇺
Thank you so much!
Also is SA does not get commission from bag sales is pure greed from corp. This forces SA to sell nonwanted items to customers in order to get commissions.
Hello! I appreciate your rational response to this lawsuit announcement. I saw some videos on Instagram that were completely off-base. Several people were so quick to dismiss this case has been just about two disgruntled clients that didn’t get a bag. There’s definitely a real issue. And I say that from the perspective of being an American attorney. 💜
Did you read the actual class action? From an attorney’s POV, the argument doesn’t hold. Hermes isn’t preventing competition by tying the sale of the Birkin to other items.
Oh thank you so much!
happy this lawsuit is finally happening hermes is a ridiculous company its simple if you have the money to buy something you should be able to buy what you want yes it will take time for you to get the bag because its handmade so youll just have to wait thats all smh🤯🙄
If you have the money, you should be able to buy it, agree!
I saw this at the news yesterday and wonders who in the YT lux world will tackle this issue first.
I love a gritty topic!
I think that influencers get bags more easily because they provide free publicity for Hermes.
Maybe very big ones
I have visions of SAs laughing at people's wishlists then pressing delete l..."As if she's getting one of those" 😂
This made me laugh out loud!!!!
I'm surprised this has not happened sooner 😅😅
Lol!!
I’m glad someone is talking about this on TH-cam!
Thank you
Great job breaking down the lawsuit. Personally, on the surface of it, there seems to be some validity to the lawsuit and I'm very curious how it will play out and what evidence will be presented...on both sides. It also seems to me that, because there doesn't appear to be a standard on how these bags are made available to the public, they could argue discriminatory practices. But even if Hermes loses, how will the law be enforced? As you said, the sales happen behind the scenes. Also, will this only affect US stores? 🤔
It will be fascinating to see how this all plays out
“The hermes way” is gonna be deemed discriminatory as certain people are “offered” a bag at different buying levels/money spent. This is even before the “tying” of purchases
A fair few in the comments feel it is discriminatory
This is a fascinating topic to follow. Thank you for addressing this.
I'm totally enthralled by it!
I'm not sure what is more ridiculous this lawsuit or the "Hermes Journey". What are the plaintiffs going to do tape record the SA's telling them they need to buy several Hermes products for the chance to buy a Birkin or Kelly? Crazy! I don't think there is much of a legal argument here, however California has strict anti-discrimination laws. Thanks for this news Amelia. Please keep us updated.
They will deny it. No where is it written in Hermes terms of sale does it state there are linked commodity sales. However it's definitely an informal policy.
Possibly. Also they can’t lie under oath. Big penalty there. It will be interesting
There's a huge thread on Purseforum about Hermes. Years and years of data on every platform, even on FB groups. Text messages sent back and forth between SAs and clients. I don't know how they would even deny it. How else would they explain thousands of purchases on non bag items and only one bag? Not hard to make that argument.
Thanks for sharing your thoughts on this topic! I do want to say that although Hermes wants people to appreciate other products the house has, I don’t appreciate them telling consumers what they need to look at when they were not even thinking about that item. They can’t tell people what to appreciate. If a customer wants a quota bag, and it’s not in stock that’s one thing but to buy $1000s of items that people don’t really want is crazy. One shows support by wanting to buy a bag. Not that other stuff.
It’s too quid pro quo to me….
And that’s what this lawsuit is all about. Customer buys so much stuff and expects a quota bag in return. It’s implied.
I'm sure that will be one of their arguments
From a business standpoint I have to stand with Hermes who does have limited production of their pieces & do have to have a process of allocation. The question is should it b first serve or by spend. Those on either side of the fence would feel cheated. And if it's a culture not a policy of Hermes the fault then lies in training & management & lack of documented policy structure for these matters. Very interesting & will b following along.
I'm very interested to see how this pans out
I don’t know why but my instant reaction to the title of the video was to LITERALLY laugh aloud so hard 😂
I understand that!!
@@ameliarosescloset I’ve been watching their stock for the last week or so and today its goes red.
@@ameliarosesclosetI’m so interested in this lawsuit. My two worlds colliding between Lawtube and Luxury TH-cam!
Such a great video. I really love your content. I that people are taking a stand against Hermes. If you have the money for a product then you should be able to purchase whatever you want.
thank you so much x
As a lawyer, if I was working for the plaintiffs I would start interviewing ex Hermes sales associates. If they can put before a judge several of them saying that this was part of their training in corporate policies or something similar, it would for sure create problems for Hermes.
Additionally, for Hermes to be allowed to decide to whom to sell their products there should be an objective and published list of requirements, otherwise you probably will have a tough time to proof that you haven’t breached any anti discriminatory laws.
Thank you for sharing this!
will never play their game. am not that desperate.
It;s not for me either
The case isn’t about proving that Hermes ties the sale of the Birkin to ancillary items. It’s about whether doing so gives Hermes a monopoly on the luxury accessories market. And it doesn’t. Tying the sale of the Birkin to other items doesn’t prevent say Chanel from successfully selling RTW or costume jewelry.
Very true
If a customer wants a scarce expensive item, they should be allowed to pre-order it with a deposit. If Hermes wants to create the exclusivity, raise the price but guarantee the delivery as a bespoke item. Then customers can choose whether to buy based on the price and the wait time. This random "offering the opportunity" to purchase a Birkin out of sight from other customers and tempting the customer to accept a Birkin that isn't the exact leather, color, and hardware of their choice, smacks of discrimination and psychological manipulation. Put another way, this is saying, Hermes offers you the opportunity to spend over $10,000 on an item you don't really want rather than giving you the opportunity to buy exactly what you want. SAs choosing who gets to buy on a subjective basis, proven by the fact that they don't get commission for selling the Birkin is a corporate decision to drive this type of selling behavior and the discrimination.
Deposit and wait list sounds a good idea
They did... many yrs... the waiting time increased from 3yrs in the 90s to 8yrs in the 2010s... if they would do that now, the waiting period would exceed 50yrs
Why do people buy bags that are more then 20k in value instead of putting a down payment on a property? Just curious
Maybe they already have property and/or investments
Amelia, I think you missed your calling as a law professor! You explain this so succinctly!
Lol! That would be some craic!
I read Bring Home the Birkin years ago and that’s when I learned that Bs and Ks are rare or hard to get because production. It’s because of the their sales practices.
*Aren’t *
They have mastered their marketing
My opinion: if other non-luxury companies or stores start to do the same, everything will become so expensive.
Prices are already rising to very high levels
They probably gift the celebrities with Birkins 😂
If they’d like to gift me one!!
Fab video. I think it’s so interesting. How would it be proved - what evidence etc. Also how many people will potentially join the class action. X
I'm so intrigued by it!! X
There are so many videos on TH-cam that feature people discussing the prespend. Also I’m sure people have captured surveillance video on their phones.
We have 374 million people in the US. You never know how many will participate.
Nicely done. It certainly wasn’t their policy in the mid-90’s. I worked as the assistant PR manager at NM and purchased one without having purchased any of the other products.
Oh fabulous ! I think it has gotten harder over the last couple of years
It technically falls under discrimination
It does, doesn’t;t it
All of this is easily checked. Give me 1 hour and sales history of one store - and I can figure out in excel if the distribution is random or only after a spend limit.
PS. The lawyers will object sharing “private customer information “ - also they can replace the names with Jane Doe .. they can also object sharing any financial information (I don’t remember if Hermes is a public company), they can also “clean it up” before sharing … but my point is - its in the numbers! THEY know exactly what they are doing. Its not a random SA initiative or a random customer interpretation. If they go for those arguments - I call bs. Show me the numbers.
It should speak for itself
I don’t have a lifestyle that permits me to carefully watch my handbag every second for protection while using it
And some cities you would feel the need to
Just my take on this given I've played this game and have been played before by a SA. Why not make the bag $40,000 or more and just produce 1000 a year? Because seriously, this "no standard" requirement to just buy a bag is ridiculous. I've seen people in the hole for 40k and haven't been offered a bag. How many scarves do you need, shoes and housewares? I think it's about time they crack down on this. The fact that anything you buy is worth 50% less because you only bought it for the sake of being offered a bag that you don't even want. Yes, there's the second hand market but how do you even know if they're real? It's just a bad situation overall. Just name your price and don't play these stupid games.
I think thats exactly the type of people that will never get one...
There's definitely an argument for just increasing the price
I wonder what is Meridith will think of this.
I'd say she's intrigued!
Finally someone did it. Hopefully it changes a few things after it.
Might I just ask : What eyeshadow are you wearing ? It’s stunning xx
Thanks! It's from urban decay but it's discontinued unfortunately'
If nothing else, a lawsuit like this may drag the Hérmes business model into the light. It may also force Hérmes to make the actual number of quota bags they make per year public knowledge, which I personally find exciting. If they have to justify the game as a means to dispense a limited number of bags, then they will have to divulge how many bags are even available.
It’s all a scam. They take 75 or or 100 dollars worth of leather and 20.00 for hardware and at the most like 250.00 of labor and charge $10,000 for it AFTER making an idiot of people like trained poodles in order to even have the chance to overpay for their tat.
Oh this made me laugh! You sound like my husband!
This will be very very interesting to watch!
I agree!
Imagine going into a grocery store to buy some bananas but the SA says they are not available even though you can see bananas in a glass case. Your SA offers you onions, eggplants, a dozen eggs and some apples which you buy in hope that she might offer the bananas. You leave the store frustrated and confused, and with no bananas but you are optimistic. You repeat this experience regularly and pretend to love onions, potatoes and whatever else you bought on your banana journey,
But no bananas ….
The grocery store does very well. They inspire other grocery stores to mimic their marketing strategies and foolish consumers clamour to buy whatever they can get their hands on regardless of whether they really want or need what’s offered. They actually enjoy being denied, wanting but being refused. It makes them want even more so continue to play the game. The ultimate in masochistic pleasure!
It is certainly smart marketing
It should be based points like airline miles. After you collect so many points, you can exchange them for a quota bag. This way you know when you will get your prize. They can however offer you an item but if you refuse it, you’ll lose your spot or they dock points.
And then they just automatically gift a ton of points to celebrities or influencers immediately jump the line?
@@heysaras I thought Hermes doesn’t need to do that? They can just buy a ton of stuff to hit their points since they can afford it.
Oh i like this!
The sales staff is not trying to protect the exclusivity of the brand. They do not make any commission when they sell a Birkin bag, but they do make a commission when selling other items in the shop. So, they will milk you until you are almost dry before you get the offer of a Birkin, etc...😒
Can see that thinking
Surely once they outline the suit they can discover certain information from Hermes to use as evidence? Definitely going to be interesting as other brands have been targeted with similar actions I believe including Rolex.
They surely can, but i would not be surprised if they bury them in discovery
No offense but all these bags are so ugly. People are duped for falling for these bags and pre-spending to earn the “privilege” to own one. Like chasing someone elusive cause they are in demand and hopefully realizing that person is not all that effort after all :)
I do think the chase is part of it
There shouldn’t be a waitlist. It should be sold first come first serve like all the other stores and merchandise.
Now that would be nice!
*Reposting this from a reply* - If a court were to affirm that this is an acceptable selling practice- who else gets to adopt it? Is it ok for Chanel to do it? Is it ok for medical device companies? Grocery stores?
Imagine the scenario that Walmart has a contract with coca-cola and needs to sell a certain number of units. Should Walmart be allowed to require customers to buy $x in coke products before they can buy eggs or produce?
That example is half-baked but (and I’m no lawyer!) That’s my main worry. It’s hurting no one (other than feelings and egos) now that it’s purses and twillies, but this could expand to actual necessities if the courts become careless to the concerns of people and the greater good. And it would f** DYSTOPIAN! 😵💫
Not many everyday stores want exclusivity though, most grocery stores want to sell volume. The medical comparison is very worrying.