Brilliant Built Technologies

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Additional Complaint Information

The BBB has received several complaints alleging the product does not perform as advertised and/or delay in providing refunds as promised.

The company met with the BBB on January 24, 2012 and again on April 4, 2012  to discuss  additional changes and/or provide substantiation regarding the ClearCast Digital HDTV . The company provided the BBB with ClearCast Digital HDTVs antennas to be tested by BBB staff. The BBB found that the product does provide some channels without cable or satellite connections. However after testing, the BBB found that the product did not perform as it is claimed in their ad.  Additionally, BBB inquiries indicate that because the headline claims that consumers can get rid of cable or satellite bills, consumers are under the impression they will receive the same type of channeling as  with their current provider, which the BBB found is not the case. Consumers continue to contact the BBB and state they are confused as to what they are actually getting.  

As of August 9, 2012 the company has changed their advertising to reflect the accurate number of channels consumers can possibly receive.  The number of channels available is determined geographically but can be up to 53 channels.

The company has added disclosures that outline and explain what the consumers are actually getting, however the overall impression of the ad has a different implication.

The basic principles of the BBB Code of Advertising states "An advertisement as a whole may be misleading although every sentence separately considered is literally true". Consumers are encouraged to read the ad in its entirety and despite deadlines and restrictions, to make sure the company and product is researched prior to purchase in order to make an educated buying decision

Consumers should understand that Clear Cast is a digital indoor antenna. The company claims this product can increase VHF and UHF band transmission. According to the company the function of Clear Cast is to utilize digital broadcasting technology for digitally equipped televisions. In order for consumers to receive "over the air" broadcasting and for those who are not equipped the company offers a converter box at a separate cost. Consumers should not compare the Clear Cast antenna to cable or satellite because it is not a cable or satellite service.

Since June 12, 2009, full-power television stations nationwide have been broadcasting exclusively in a digital format. Consumers may find additional information about digital broadcast and their options at DTV.gov or by calling 1-888-CALLFCC.

BBB has contacted Billiant Built Technologies on several occasions concerning a pattern of complaints indicating the product does not perform as advertised and refunds not being received in a timely manner.

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• Government Actions

  BBB knows of no significant government actions involving Brilliant Built Technologies.

  What government actions does BBB report on?

• Advertising Review

  The BBB started receiving numerous calls from consumers throughout the U.S. who were voicing concerns regarding a Clear Cast HDTV Digital Antenna's national print advertisement.   
  
  On November 22, 2011 the BBB initially contacted the company regarding their Clear Cast HDTV Digital Antenna advertising and conducted a challenge.The BBB Ad Review Committee conducted a secondary advertising challenge on Clear Cast HDTV Digital Antenna and determined that all matters of compliance were not resolved. Our concerns included the use of the word "free", the company's claims of advanced technology and the company's comparison to cable or satellite. The committee also voiced additional concerns that referenced the company's implied government affiliation and overall impression of the ad. The issues were as follows:
  
  Use of the word "free" - the committee determined that the company's "Free TV" statement does not adequately clarify that it is the broadcast that is free and not anything that the company is offering. The company stated in their response that the "Free TV" statement is referencing a broadcast signal that is available and that the company does not state or imply that it is a free tv "service" that they offer. The committee, however, feels that the over the air broadcast is a transmission that is available to everyone with proper equipment not just the Clear Cast product so the free reference should not be used. In addition, the company's recent advertisement has shown confusion as to what the "free" item is, and with this, BBB inquiries have indicated that 10/10 consumers who have called were under the impression that there was no cost to receive the Clear Cast product and other than knowing they were getting "Free TV".  Consumers were also confused as to what Clear Cast exactly was. The committee saw that consumers would have to read the disclaimer in order to determine that the free offer was not associated with the antenna, despite the free offer being so prominently displayed. The BBB feels that the company isn't really offering anything for free, but implying that they are and therefore should not be using it in their ad. FTC guidelines state that company's can not offer an item for free, which is already considered to be free.   
  
  Advanced Design - The company's position is the Clear Cast bowtie antenna element and structure allows for more channels than a standard bowtie antenna. The company provided the BBB with testing to show the performance range of the Clear Cast X1 Digital Antenna and comparison results for other brands which were tested against the product. The committee found in one instance the comparative testing was performed by the company itself and was favorable. In other testing no comparison was made with other antennas, however the company did test the product in different locations. We found that the test conducted by an independent company did show that the Clear Cast received signals, however did not perform as advertised and showed a significantly lower amount of channels received. The BBB did not find this to be adequate in proving Clear Cast advancement and therefore find this matter unresolved. BBB Code of Advertising indicates all superlative claims must possess adequate substantiation. 
  
  Cable or Satellite - throughout their advertisement the company implies that consumers can get rid of their cable or satellite bills by purchasing the Clear Cast. Inquiries indicate that consumers were under the impression that they would be receiving the same channeling as they would through their current cable or satellite services. The company's position is that these services charge consumers for over the air broadcast, which is available to everyone, therefore consumers could receive these same channels at no cost and save money. The BBB feels that although the company does provide technology that allows consumers to receive this broadcast, they are not a cable or satellite company and do not provide the same service and therefore should not be compared. The committee feels the comparison in their ad should be based on other similar products. The company also did not provide the BBB with comparison cost of the tv and satellite companies and what the charge is for over the air channels. The savings is based on $74.00 cable or satellite bill allowing consumers to believe that they can save on these bills. Without showing the costs this is inadequate and the BBB finds this to be misleading and the matter unresolved. BBB Code of Advertising states that company can not use untrue or misleading, deceptive and false disparaging of competitors to sell their products.
  
  Implied Government Affiliation - calls received by the BBB have also shown that the company implies to consumers that the "Free TV" is isolated to certain states, however calls from BBBs all over the U.S. have indicated that the offer is not exclusive to one state but part of a large campaign. Secondly, the company makes reference to the U.S. Government being the reason that these states can receive free tv. Lastly, in the "how it works", section the company mentions the inventor of the Clear Cast, Dr. Argy Petros, and makes reference to NASA space technology HALL OF FAME scientist. The BBB feels although these statements individually may be true, but feel that the overall impression of the statements are misleading. Consumer inquiries have validated our concerns by informing us that the company is offering a service that they believed is backed by the government. BBB Code of Advertising states that companies can not create a false impression of affiliation. As of August 9, 2012 the Company has resolved this issue. 
  
  Overall impression of the ad - the Committee came to the conclusion that they feel the company is using sales tactics in their advertisement that is misleading. We find that the company does not clearly express that Clear Cast is not the reason they save money or can get the channel, but rather uses overhyped marketing to inflate an already existing opportunity that is available for free to anyone with the proper equipment. The BBB feels these types of misleading advertising is purposeful and do not feel the company is in compliance with our BBB Code of Advertising. BBB Code of Advertising states that misrepresentation may result not only from direct statement but by omitting or obscuring material facts.
   
  The company agreed to make some changes to the Clear Cast advertisement.
  
  Update:
  
  On August 9, 2012 the company met with the BBB to discuss changes to their Clear Cast advertisement. The company was fully cooperative and modified many portions of the ad to address the BBB's ad review concerns. Despite the changes, there still remains issues that concern the Ad Review Committee, including, the use of the word free, advance design, and reference to satellite and cable. The BBB will continue to work with the company to resolve these issues.

  Recently inquiries indicates the company has been selling a product under the name Comptek. This offer gives consumers the option in purchasing a Clear Cast unit a Netgrabber and Clearphone, that offers consumers home phone service, internet service and television. The BBB is currently  conducting an ad review with the company regarding these products and will update this portion of the report as it becomes available.
  
  
  

  What is BBB Advertising Review?