Business ProfileforTuning Element LLC
Additional business information
On April 15, 2020, Missouri Attorney General, Eric Schmitt, issued a Cease and Desist Letter to Tuning Elements LLC in Branson MO. The letter alleges the business was selling KN95 masks at an inflated price. Tuning Element is advertising the sale of 5 layer KN95 masks for $20 each, 4 layer KN95 masks for $15 each, and 50 count boxes of 3 layer disposable masks for $99. These products generally sell in the range of $3.95 to $5.95 each; $2.99 each; and $24 to $39.99 for 50 count boxes, respectively, in addition, the investigation has revealed that Tuning Elements is charging an additional phone and internet fee of $1.82 per mask on top of the price of the item.
The letter from the Attorney General demands that the business cease and desist from selling masks at substantially higher prices.
In April 2020, Better Business Bureau challenged Tuning Element's website,www.tuningelement.com, which stated:
“NEW Tuning Element Copper Strip”
“Level 1 tuning for Biofield support”
“Brand new tuning blend of frequencies for Respiratory Support”
“SALE!”
According to BBB Code of Advertising, “The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any objective claims or offers made before publication or broadcast. Upon request, they should present such substantiation promptly to the advertising medium or BBB. Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used. An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true. Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact. In addition, according to the Missouri state statute 15 CSR 60-7.020 (1): “A seller shall not make a representation or statement of fact in an advertisement that is false or has the capacity to mislead prospective purchasers.”
In addition, BBB’s Code of Advertising states, “the unqualified term ‘sale’ may be used in advertising only if there is a significant reduction from the advertiser’s usual and customary price of the products or services offered and the sale is for a limited period of time. If the sale exceeds thirty (30) days, advertisers should be prepared to substantiate that the offering is indeed a valid price reduction and has not become their regular price.”
BBB asked the business to provide substantiation to the claims made on its website. The company has responded that they would make the sale price the new actual price or discontinue the sale after thirty days and return to the original price, however, the sale still remained past the thirty days. BBB is still in communication with the business regarding the term 'sale' and other claims relating to the tuned copper strip.
At-a-glance
Related Categories
Business Details
This is a multi-location business.
- Location of This Business
- 1015 State Highway 248 STE K, Branson, MO 65616-8002
- BBB File Opened:
- 4/3/2012
- Years in Business:
- 14
- Business Started:
- 6/3/2010
- Business Incorporated:
- 6/3/2010
- Type of Entity:
- Limited Liability Company (LLC)
- Business Management
- Mr. Sean Martinez, President
- Contact Information
Principal
- Mr. Sean Martinez, President
Customer Contact
- Mr. Sean Martinez, President
- Additional Contact Information
Email Addresses
- Sales
- Customer Service
Customer Complaints
0 Customer Complaints
Need to file a complaint? BBB is here to help. We'll guide you through the process. How BBB Processes Complaints and Reviews
File a ComplaintBBB Business Profiles may not be reproduced for sales or promotional purposes.
BBB Business Profiles are provided solely to assist you in exercising your own best judgment. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles.
When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints.
BBB Business Profiles generally cover a three-year reporting period. BBB Business Profiles are subject to change at any time. If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile.
As a matter of policy, BBB does not endorse any product, service or business. Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBB accreditation.