STATEMENT ABOUT RECENT ARTICLES
Recently, the
International Window Film Association (IWFA) has received
various telephone calls, e-mails, and other communication about
an “investigative” news article appearing in a Canadian
newspaper concerning an industry member who has recently joined
the IWFA. The IWFA Executive Director, Darrell Smith, was even
quoted in the article. The comments have ranged from a “This
type of press is bad for our industry!” to “How could they
become a member?” to “Why isn’t the IWFA doing something about
this?” The IWFA will be happy to address member concerns on an
individual basis but believes it would be helpful to publicly
comment on some of the general concerns raised.
Quotes from IWFA
Staff
Quotes from IWFA
staff or board members should generally be considered with
caution, unless they are in an article or publication produced
or submitted by the IWFA for use. In some cases, the
representatives are asked specific questions and then accurately
quoted about that particular topic. Many times, however, the
IWFA or its representatives are questioned about general issues
in telephone calls or impromptu interviews; sometimes the
statements made about these general issues are then “quoted” as
a statement made and applied to a specific issue, i.e., taken
out of context.
A good example of
the potential confusion or misrepresentation occurred last
summer when Darrell Smith participated in live, 30-minute
television interview about the use of security films in
hurricane situations. When he made a statement that he did not
believe that any window protection would stay intact throughout
a direct-hit Category 5 storm hitting a beachfront residence, he
was quoted as saying that “window film would not last throughout
a hurricane.” The entire half-hour interview was reduced to one
partial statement, taken entirely out of context. If you have
questions about any IWFA statement or quote in the press, please
contact the IWFA for clarification.
IWFA
Membership
Recent interviews
about membership in the IWFA dealt with the steps the
organization uses in consideration of all applications for
membership, and with those used in consideration of a
particular application.
There are multiple
steps involved in membership acceptance. Membership in the IWFA
is based upon written application of a company for membership in
a particular category such as dealer, distributor, manufacturer,
etc. The application is submitted to the IWFA office along with
a copy of the IWFA Advertising & Ethics Policy signed by an
authorized officer of the applying company. Either payment for
the annual dues is included or has been arranged in advance with
the IWFA office. The IWFA office staff has the responsibility
to see if there is any reason to exclude a company’s application
for consideration in the particular category in which it has
applied. This would include a review of the company’s written
literature and its website, if any, as well as an interpretation
of whether the IWFA definition for that membership category is
applicable or not, based on the current definition contained
in the IWFA bylaws. If the applicant clearly does not fit
in the category for which application is made, it is notified
that membership cannot be considered in that category and that
it may reapply in another category, if any is applicable. If,
after review and further study, there is any question on whether
a particular applicant fits into a specific category, staff
reviews the findings to date with legal counsel for additional
input.
Only after all this
review has been done is the application submitted to the board
of directors for their review and approval. Any member of the
board may raise questions about an application. If these
questions represent new information not previously considered by
staff, then the board may decide to delay a vote until this
information can be reviewed and the application resubmitted to
the board for consideration. However, if there is no new
information, then a simple majority of the board of directors is
needed for approval of membership. All IWFA memberships are
based on the process above. There is no shortcut to membership
status.
IWFA Member
Categories
One other issue
should be noted here, and that is one of definition. The IWFA
definitions currently being used are from its bylaws:
Section 2.01(a) Active Members.
To be eligible for Active Membership, a person, firm or
corporation must be either: (i) a manufacturer
engaged in the original manufacture of window film; (ii) a
supplier of raw materials and/or equipment used by the
manufacturer in the manufacture of window film; (iii) a
distributor engaged in the distribution of window film to
dealers in window film; or (iv) a dealer engaged in the
application of window film.
The IWFA staff and
counsel looked at many other organizations such as AIMCAL (uses
the term manufacturer/converter) and the Federal Trade
Commission to see if there was any more precise definition
generally being used. These are the ones being currently
applied to applications for membership. Any suggestions on
specific language to be used in any category would be welcome
from the general membership.
Handling of
Complaints
The IWFA does have
a formal procedure which is followed in addressing all official
complaints. The IWFA has no procedure for addressing complaints
which are based on innuendo, rumors, third-party information, or
outdated statements. If the IWFA receives a complaint in
writing, from either a member or non-member, about another
company’s actions or representations, the IWFA will respond by
contacting the company about which the complaint is made. After
the IWFA has investigated and/or received a response (or refusal
to respond), it will contact the complaining company with its
findings or response.
There is also a
formal process for removal of membership status, should an
investigation of a formal, written complaint about a current
member by the IWFA Ethics Subcommittee lead to a board
decision to withdraw membership for a violation of the IWFA
Advertising & Ethics Policy. It must be remembered that the
only enforcement power the IWFA has is to remove a company as a
member. Other means of corrective persuasion may include,
but not be limited to, sending copies of the complaints or other
correspondence to the Better Business Bureau and/or the office
of the local state’s attorney.
The IWFA has found
that there are numerous marketplace remedies available to the
complaining party, most of which are not being utilized. It is
important to remember that a company suffering from unfair or
illegal business practices, such as misleading or confusing
advertising or claims made to the public, may have grounds for
legal action. At a minimum, the threat of such action may be
all that is required to remedy a situation. Unless there is
misrepresentation of the IWFA itself or its members or of the
benefits and uses of window film products generally, there is
little legal action which could be brought by the IWFA as an
organization. In such a case, more individual action is
warranted.
Summary
The right to
compete fairly, and in a manner conducive to the growth and best
interests of the window film industry as a whole, is very
important to the IWFA. The right for each member company to be
viewed based on the facts surrounding its product offerings, its
business practices, and the public representation of such is a
guiding principle of the IWFA.
Times do change.
Business practices, definitions and membership categories, dues
structures—all these are reviewed periodically by the IWFA
leadership. The IWFA needs and welcomes input from the entire
industry in issues of concern, no matter whether positive or
negative. We ask you as members to get involved and submit a
list of your concerns. Fax them, e-mail them or snail-mail them
to the IWFA office. They will all be presented to the Board of
Directors for consideration of changes for the future. Comment
or complain because the alternatives, silence or absence, change
nothing.
