FENSA is set up by the double glazing industry to help protect homeowners.

Rogue Traders Prosecutions

To advertise as a FENSA registered company when a company is not is a criminal offence under the Trade Marks Act 1994 and Consumer Protection from Unfair Trading Regulations 2008.

Under the Trade Marks Act 1994 traders must not have unauthorised use of a registered trade mark. Companies who are not registered with FENSA are not permitted to use the FENSA logo from their website, any company paperwork, stationery and advertising.

Under the Consumer Protection from Unfair Trading Regulations 2008, traders must not mislead a consumer or a business that they are registered with when they are not, thereby causing them to make a transactional decision that they would not otherwise have made. It is an offence to supply goods or services which are falsely described.

Here are some of companies that have been prosecuted for misleading the public by falsely advertising as a FENSA registered business:

Misuse of the FENSA logo is not only a criminal offence but can give the offending company an unfair commercial advantage, enabling business to be acquired unfairly.

This is unfair for FENSA Registered Businesses who have made the effort to comply with the eligibility criteria of FENSA registration, have been vetted and are regularly and independently assessed.

FENSA takes very seriously companies that mislead the public. FENSA notifies Trading Standards of any breach of the Trade Marks Act 1994 and Consumer Protection from Unfair Trading Regulations 2008.with a recommendation that legal action is taken.

Information about misuse of the FENSA logo is often brought to FENSA’s attention by consumers, FENSA registered installers or information received through www.cowboystoppers.co.uk..

FENSA deals with misuse of the FENSA logo and corresponds with the person who reported it, trading standards and the installer. Attempts will be made to investigate the reason and cause for the complaint. If co-operation is received from the installer and the FENSA logo is removed immediately, Trading Standards may chose not to prosecute. FENSA may be asked to produce a Section 9 Witness Statement for court purposes and asked to attend court hearings, which have led to successful prosecutions.

For further information on Trading Standards and to contact your local Trading Standards department, please go to www.tradingstandards.gov.uk. You can also contact Consumer Direct on 08454 04 05 06 and they will direct your complaint to the relevant Trading Standards authority.

Remember, if you suspect and have evidence that an installer is misusing the FENSA logo, not self certifying with a scheme like FENSA or obtaining approval from Building Control, submit this information online anonymously on www.cowboystoppers.co.uk..

Click here to view the 'Consumer Guide to Cowboys'