The two prospective Hermes customers from the United States, Tina Cavalleri and Mark Glinoga, have taken class action or legal action against Hermes International. They claim that the company has violated US antitrust laws. In their lawsuit, Cavalleri and Glinoga argue that the Birkin bags have never been available for purchase on the Hermes website or displayed in their stores. The staff only show them to "selected" buyers in private rooms, who are considered "worthy."

Cavalleri said she spent thousands of dollars at Hermes and was forced to buy "additional products to gain access" to the Birkin bag. She admitted she couldn't buy it in September 2022 and was told by Hermes that the bag was sold to "clients who consistently support our business." Meanwhile, Glinoga revealed that she "made several attempts to buy a Birkin bag, but on each occasion she was told she needed to buy other items and accessories." Regarding the lawsuit, Hermes International has not responded.