You may not be familiar with applicable law in the US. I would suggest a good case could be made that these BRG's constitute a deceptive trade practice under applicable state law.

The thing that is really troubling about these bogus BRG's is they cause actual harm, since customers refrain from booking a better third-party rate because they want the benefit of the BRG instead. Then, by the time Hilton/Hyatt/etc. denies the BRG claim, the better rate is gone.