HERMES HAS ALREADY LOST 🤦 What this lawsuit means for your Hermes journey. Waitlist? Walk-ins?
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- čas přidán 22. 05. 2024
- About this channel: Just a business professor sharing her thoughts on life, learning, and luxury. This channel occasionally contains affiliate links.
*once again, I'm NOT A LAWYER, so I apologize in advance if I've misspoken on any of the legalities of the lawsuit, but I hope you get the gist, lol! This is purely just for entertainment purposes only :)
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I'm learning so much already from the comments (the last law class I took was at least a decade ago lol)! So just out of curiosity for those of you trained in this area, how applicable are "antitrust policies", in the eyes of the law, to luxury goods? When I think of past antitrust cases, I think of oil, pharma, tech, etc. I cannot think of any class action antitrust lawsuits in the luxury retail space off the top of my head, lemme know if you can think of any!
PS. This Harvard Business Review article sums up nicely why these types of antitrust cases will likely impact companies, regardless of the outcome, if you're interested in hearing from experts! hbr.org/2023/02/microsoft-google-and-a-new-era-of-antitrust
The people that brought the lawsuit against Hermes deserves to win a Nobel price.
Best comment, lol!!! 😅
I hope China joins in, remember the people protesting outside?
It’s basically the same as trying to buy ice cream at McDonald’s and they say, sorry, you can’t buy idea cream till you buy dinner. 😂
-- "Beyond a reasonable doubt" is NOT the legal standard in a civil trial, it is a much, much lower standard.
-- Complaints always have holes in them, that is why plaintiffs have the right to amend and usually do amend them.
-- There don't have to be "official" documents or policies, a jury could look at the actual practices and the commission structure to decide whether there was something illegal going on.
-- The lawsuit has to be certified as a class action by a judge, so there's a long way to go!
-- "Frivolous lawsuit" is a legal term of art, and not just that some people think it's silly.
-- The process for the sale of quota bags is so opaque, despite the public stance of the company, that it opens the door to claims of discrimination based on, for example, race, religion and sex.
-- For example, imagine that you and three other people are trying to check into a hotel on short notice. You are second in line. The person in front of you gets a room, they tell you they don[t have any rooms left, and the person behind you gets a room. You would want to know why. Decades of litigation and legislation resulted in common carrier laws, which keep hotels, etc., from discriminating against people on the basis of their race, for example. Arguing that the customer didn't HAVE to stay at their hotel, that there were other hotels around, and that they could run their business as they see fit, would not cut it legally.
-- Similarly, as in the case of common carriers, there are other laws that govern business practices that businesses have to follow. Like I said above, a jury will look at what a business actually allows its employees to do -- no smoking gun memos are needed, or whistleblowers, and the legal standard of proof is low. A jury will decide whether to believe Hermes or the plaintiffs...in consumer-protection oriented California.
Thank you for pointing out all the above! Your analogy of the hotel was really good!
They think discrimination is OK when THEY are doing it. Luxury shouldn't be exempt from regular law.
Love your post! It's so on point. For me Hermes lost PR-wise and it might start avalanche of complaints and bring the mainstream attention to this case. Because ask the majority of people - they have no idea how the game looked like before and now. Now they read about it. Also even truly and falsely accusing of discrimination what media and people love doing is a reason this case will go bigger and tarnish Hermes reputation. Btw, most brands hate long lawsuits. They want it settled and forgotten. From my experience.
"Beyond a reasonable doubt" is the evidentiary standard/standard of proof in criminal prosecutions. "The preponderance of evidence" is the standard in civil litigation.
Hermes would need a whistleblower from within to corroborate the claim.
Said the person who talks out of her a$$
In civil cases, you don't need the burden of proof to go beyond reasonable doubt, but beyond the balance of probabilities. So it's a lower bar.
Thank you for the kind shout out! Also, I think you bring up valid points with the return of the waitlist and the potential easy success of getting quota bags in the coming days. Maybe I should try my luck? 😂 great video!
I used to want a bag and started buying some small items , but realized how crazy it was. I refuse to play the game.
Even treating the Birkin as different from their OTHER bags is legally dodgy. Hermes isn't a shop, it's a country club with a gift shop at the back.
Great comment!!
Civil lawsuits do not need to prove within a reasonable doubt. They have a lower proof requirement. All the ladies have to proof that there’s a more likelihood they did what they’re accused of than not.
The Hermes game is truly sickening. I would never walk into one of their stores. There are plenty of youtubers corroborating the stories of the 2 California women’s experience.
Very curious to see how this pans out! Thanks for sharing!
Hermes haven’t lost. Buyers will still want the Birkin regardless of the outcome🤷🏼♀️
The standard of proof in a civil tort is not “beyond a reasonable doubt”. That’s the standard for a criminal offense. The standard in a civil tort is “by the preponderance of the evidence”. All the plaintiff has to prove is that it is more likely than not that the defendant harmed them.
I'm so glad they were sued. I will only buy Hermès Birkin replicas and dupes. Ever!
they will settle out of court and everyone will sign NDA.
THAT'S IT!
If they can get more people on the class action lawsuit then they will win or at least will settle out of court
I have had a blast with all the videos, drama, anyway just go buy the bag preloved, I don't think you can even prove linking, watch luxury life in the middle, she had a great video
all this buzz within the luxury community (price increases, Chanel lawsuits, Hermes lawsuits, etc.), has made it all very exciting hasn't it? lol! I'll be sure to check her video out too!
Japanese and Chinese tourists had the same problem they had the money to buy the bag but they had buy other stuff of Hermes before they could any bag 😕
I think if you have the money you should be able to Buy and get the product that they want. At the end of day Hermes is the looser because that is going to put off middle class customers who buy the perfumes, lipsticks , scarfs and so on, those customers are the once who are fueling those brands Chanel is a great example too . In the end it's going to be a pr disaster for Hermes. Not to mention that the Asian tourists and community are by far the largest Byer of luxury goods 😳😑😑
Thats racist!!
@@evatalayra9217 Tis lawsuit is equally or even more so about PR. Some people here say Hermes is for billionaires and sheiks. Oh no honey, for the 1% it's less than a latte and nothing to brag about. It's seen on some random CZcamsrs. It's not fine art, exquisite jewelry, owning an island.
Thank you dear for taking us along. Can't wait what the kkuwan queen picked up at Fendi
Waiting list are for people waiting for an organ transplant not for a bag 😮
Waiting list is not exclusive for life & death situation. Colleges have waiting list, car sales have waiting list, routine medical appointment have waiting list. Sometimes even your own intellect require a waiting list.
Great video, but just a small point- Is it too hard to pronounce Hermès the right way, not like “her”-mes, but like “air”-mes, with a french r! It hurts to hear the brand name mispronounced over and over again 😢
Beyond a reasonable doubt is the standard of proof in criminal cases. This is a civil tort case with a different burden of proof.
They need to loose. The courts need to send a strong strong message about item linking. Many brands aspire to be Hermes and if the courts don’t uproot the leader then soon item linking will go across the market and quickly. Imagine, having to buy all kind of crap just for toilet paper. We all know how everyday items can get priced gauged if there’s enough demand, thank you Covid. So, no. There is no slippery slope, just plain wisdom. Hermes needs to be an example, so the followers who want to be like them, won’t try it. This lawsuit has larger reaching ramifications than just a overly priced purse. It’s time the law step in and set things straight
Exactly. It might start a change, avalanche. It's important.
Audemar Piguet and Patek Philippe as well. And it’s not the salespeople, they work on commission and would sell whatever they could as they want that money. It’s corp or management. THEY DECIDE. I work in luxury retail. Our emails to management or corp asking approval to sell to anyone is our proof. Tons of emails asking permission to sell to a client.
I don't see Hermes taking much of a hit-stock price wise and in the court of public opinion. There are still lots of talk of layoffs, high interest rates, high housing costs, inflation, etc. This is not the economy where the general public is going to feel sympathetic to people who have almost $10K to spend on a handbag. I don't think there's going to be much sympathy for the plaintiffs outside of the people who want to buy a Birkin or Kelly but haven't been able to.
But I think this lawsuit is an interesting perspective on how Americans view social status and social mobility. American culture is one of "pull yourself up by your bootstraps" and Americans tend to believe in the idea that they can move up class wise more than they actually can (whether you agree or not that it is actually possible to move up social classes in America is a different issue). Americans also believe they can buy their way into a certain social class (the trend of quiet luxury, etc.) because they see social class as merely what you have, instead of everything that makes it what it is (education, upbringing, etc.).
Someone on tiktok said it very well in regards to the Hermes lawsuit: the plaintiffs are trying to democratize status, but status is inherently hierarchical.
Hmm, PR wise it's a bullet. If enough people deem it discriminatory (cancel culture comes to mind) it might even be in poor taste to flaunt your Birkin. Even now it's a bit tacky show-off. The UK is opposite, no matter what you accomplish if you weren't born you won't be accepted into certain circles. Overall for me Europe as a whole (except for Russia but it's not exactly Eastern Europe only) seems more sorry for wording it poorly but focused on intelligence and other values. Not so show-offy. Like Nordic countries - often difficult to tell a rich from "just" a well off. They don't bombard you with logos and huge houses. The Kardashians are a joke to Europe, in the US are treated more seriously. That's the comparison I wanted to tell. In Europe it's just a tacky family and not watched by many. However, is Hermes really a status? For me it's not. Add to that people who travel all over to luck out and buy a bag or just luck out . For me this lawsuit is about something more. About one, known, unified practices. Like a lawyer I have a code. The interpretation varies a lot but I have a leg to stand on.
Can't agree with you more. Isn't it hypocrisy that those trying to social climb by buying themselves in then turn around and complain about the exact practice that allows/encourages that to start with just because they got rejected. If Hermes was to have a loyalty program where only the highest tier get access to Birkins and Kellys would that satisfy moaners. And let's say the threshold to making it into that tier is USD 1 million spend per year, that would legally out people in their place albeit it being a very unhappy one for those moaners.
Wait...i didn't hear your thoughts. Was just a snip of what's it about
Rolex is next 😂😂
don’t you feel tired holding the cup?!
Nothing is going to change. This is just extra advertisement and other new customers in waiting list
😁
Finally someone who understands the anti competition argument is tenuous to say the least. Definitely I agree that the plaintiffs want to call H’s reputation into question and lower the brand’s image.
And not just "get a Birkin" like some people imply. They're livid.
It makes sense they’d offer limited items to loyal customers. One of the most important things in business is recurring revenue. No one HAS to buy tens of thousands of dollars on things they don’t want to get a quota bag. If someone is buying stuff they don’t need or want for a freaking bag they are dumb. These are mass produced items so the quantities are going to be limited. Makes sense they’d give them to people who spend a lot of money so they keep spending money.
I hope Hermés dont give in for the pressure and ramp up production and lower quality because of the entitled plaintiff in this case. That would be a loss for everyone.
I love how all the brainwashed Hermes aficionados think the lawsuit has no merit. Very valid law suit in my opinion.
This is absolutely ridiculous. So typical of people these days to feel entitled to something just because they feel like it. As a company it is in Hermes right to determine which customer to reward or not and guess what, a business is out there to make money so those that don't spend yet feel entitled to some hot bread item are just delusional. This practice of customer loyal and reward isn't just a Hermes game. I don't see people complaining about airline loyalty programs nor Rolex' or Porsche's unspoken spending requirements to gain access to their most desirable merchandise. This is luxury, and not meant for every mother and their dog. Not surprise it is the US where this nonsense originates from, what people lack in common sense they seem to more than make up in entitlement. Oh and on the side, I don't see Hermes begging anyone to buy their bags anytime soon.
There is commotion around Rolex already. Btw, I don't see A Birkin "most desirable". It's not a diamond version of a bag made in honor of the King's anniversary. It's the "sample". Not even exotic.
I think Jerusha hit the nail on the head in her video: Hermes doesn’t care about these plaintiffs, or you, or me. Their clientele are the upper echelon of society, those who you’ve never even heard of. The Birkin buyers they care about are the daughter of the Sheik, the wife of the billionaire CEO, the music mogul. This lawsuit will not make them change their practices or start offering quota bags to just anyone at any time.
Oh, everyone in business cares. Also PR and image is the key. If people say Hermes acts illegally, is discriminatory the celebs who are so democratic and PR-savvy might abandon the brand because it's not one in a million brand. And it's not as exclusive as you say for Sheiks and billionaires. For billionaires Hermes is actually cheap and often not good enough. Nothing to brag at least. Those who earn the least think of Hermes the highest.
This is why they r so rich. They r black mailing people.
They are a luxury brand. If everyone had one, it wouldn’t be. And if everyone had one, the people who are a part of this lawsuit wouldn’t want one. That’s Hermes’ hook. It’s kinda dumb to kill that, then for these same people to whine about how they don’t want one anymore because everyone is able to buy one.
I have shopped at Hermes for years and will continue too no matter what other people might say. Hermes has the right to sale or not to sale to anyone if they choose, if people have a problem with that don’t go there. Yes, I had to build a relationship with the SA but now if I want something I just have to call. It was rumored that people would buy Birkin then try to resale them for a profit at a higher cost . The bags are handmade they do not have a stock pile of bags like coach or other handbags to sale, that’s why there is a wait list. It’s the same with Chanel you just can’t go into the store and get certain bags.
Jajaja 😂 hermosa is bs
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Ilia kvalito ne estas malsupera al tiuj grandaj luksaj varoj. La fortikeco kaj atento al detaloj rivalas kun la originalaj dezajnistsakoj kaj mi ne povas kredi kiom mi ?paris. ?i estas la perfekta akcesora?o por iu ajn moda knabino! Mi certas, ke mi rea?etos iujn aliajn stilojn kaj kolorojn ? #kkuwan por kongrui kun miaj vesta?oj kaj ?uoj!
I believe no girl can say no to #kkuwan
kkuwan is your partner in young people’s fashion journey
Thank you dear for taking us along. Can't wait what the kkuwan queen picked up at Fendi
My mom bought one #kkuwan and she loves it. It had been there for over 10 years when she went out with it.