Originally Posted by SpecialtyCakesbyKelli
I had to tell a few lies to get all the information I needed from her... didn't really feel bad about it either :)
but I was able to get her address and a list of all the cakes she has ordered from me. All in text messages so I can use them as evidence later if needed. After thinking about it, I'm really not sure I can do anything about it. People can resell anything they purchase I guess... the only thing I think I may be able to do is get the health department involved since I'm fairly confident she isn't licenesed... I was advised by the health department that I could not sell food to someone and then them resell it... I have to have a whole different license for that.
Write this reselling customer a letter advising that you will no longer accept orders from her. NO REASON to be stated. Send it by registered mail.
Discuss with a lawyer the option of sending this reselling customer a "cease and desist" letter as well. This letter might be cc'd to your board of health.
Put all the text messages together and print them onto paper. Download and print both sets of pictures onto paper. Prepare a written complaint to your health departrment advising them that you have just found out that this named person is reselling from you against your consent (very important). Include a copy of your letter to her.
To protect yourself: do business by email NOT text messages (easier to print). Make sure you have a street address (which you can google for new customers).
Your contracts may include a statement that the person named in the contract is the end consumer. Write that as a separate item that requires a signature. Then you have fulfilled your obligations under law.
You need to treat this seriously because one despicable but effective way to destroy a licensed business is to create exactly such "violations".
Edited by BakingIrene - 12/14/12 at 7:53am