The Original Honey Baked Ham Company of Georgia, Inc. is a Georgia corporation with its principal place of business located within the Northern District of Georgia at 5445 Triangle Parkway, Suite 400, Norcross, GA 30092.
Defendant transacts business in the Northern District of Georgia.
Defendant was incorporated in 1974 and has done business continuously since then. Defendant is one of five businesses that offer for sale and sell by mail and telephone Honey Baked branded cured hams and turkeys, cheeses, desserts and miscellaneous packaged foods or food related items to consumer and business customers throughout the United States. In soliciting mail or telephone orders, including facsimile or Internet orders, defendant represents that it ships merchandise just in time to reach the customer on or immediately before the date the customer specifies when ordering. In 1999 defendant contracted with an outside vendor to provide certain call center, customer service and systems services, including but not limited to, order processing, inventory management data processing and related warehousing and management functions. 8. In many of these delayed shipment situations, defendant failed to notify consumers of the delay within the promised shipment time and thereafter failed to provide, automatically and without prior request, refunds to consumers for their delayed orders.