Rising S Company made a serious commitment to a 100% Lifetime welds and craftsmanship warranty, so customers can feel safe, confident and secure when they choose Rising S Company. Atlas does not dispute that the communications include certain references to its products but argues that the videos seek to shed light on business practices that could endanger the public. Because the commercial speech exemption is dispositive of this case, we need not address whether Scott met its burden to prove a prima facie case. R. CIV. Atlas made a bona fide attempt to invoke the appellate jurisdiction of this court by offering a reasonable explanation for failing to timely file its notice of appeal by October 15, if that was the controlling date. The applicable version of Section 27.006 provided that the court shall consider the pleadings and supporting and opposing affidavits. This is an accelerated interlocutory appeal brought pursuant to the Texas Citizens Participation Act (TCPA). 27.001(7)). Freedom of Speech. (My story is) beneficial to your business. All rights reserved. & REM. P. 63. The posting time indicated is Arizona local time. CODE ANN. Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. Therefore, it argues, the October 15 order is not void and if not void, the notice of appeal filed on October 22 is certainly timely. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. Who is ED Magedson - Founder, Ripoff Report. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). PRAC. PRAC. We now address Scott's contention that the motion to dismiss was properly denied because the libel, business disparagement, and breach of contract claims fall under the TCPA's commercial speech exemption. & REM. The Review below should be ignored.NOW TO THE ORIGINAL REPORT THAT WAS FILED---------------------------------------------------------------------. 12-20-00054-CV (Tex. Scott's petition alleges that, in the "Texas Man" video, Atlas "advertises the ease of installing Defendant's bunkers and asks viewers to email or call him if they are interested in one of Defendant's bunkers.". Consumers want to see how a business took care of business. Rising S Company installer chose the site, cleared off two feet of grade from the topsoil ( I have an expert report confirming that fact), dug the hole too deep and had to use more concrete to cover it, (which they tried to make me pay for), then they pushed all the excavated dirt to one side and made a "hill" where all the rain water runs over the top door of my underground bunker and the door leaks (also confirmed by an expert). Is there a source or site that runs down all these accusations towards Rising S? CIV. 27.005(a)). 341, 2, 2011 Tex. Were always happy to answer any questions you have about our company, our products or the process of adding these security solutions to your life. App.Houston [1st Dist.] Ripoff Report has an exclusive license to this report. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. Attached to the petition is a printout of online comments made by viewers of the videos. See TEX. They also told the BBB that their doors are "weatherproof" not "waterproof". How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. More than 21,000 viewers watched "Texas Man," and more than 47,000 individuals watched "Lady in Minnesota." Personally, I doubt either brand of shelter is terrible; they're likely both very professionally made, although which one is better is up for debate. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. Rising S Company - All Steel Bunkers and Bomb Shelters (903) 804-3774 sales@risingscompany.com Home Bunker Pricing Media 3D Camera Bunker Walk-throughs Bunker Videos Bunker and Shelter Photo Gallery Bunkers Our Floor Plans Bunkers and Bomb Shelters | Pricing and Floor Plans Economy Shelters Standard Shelters Silver Leaf Series Advertisers above have met our Id. Where there appears to be a discrepancy between the judgment's recital and decretal paragraphs, a trial court's recitals, which precede the decretal portion of the judgment, do not determine the rights and interests of the parties. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Feuds between two competing companies benefit the end consumer the overwhelming majority of the time and this is no exception. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. & REM. |. Corporate Advocacy Program: How to repair your business reputation. One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of . Burying a steel box under the ground is just a dumb thing to do. CIV. Id. 13 See Baylor Scott & White, 633 S.W.3d at 275 (citing Morrison and Castleman); Martin v. Walker, 606 S.W.3d, Accordingly, application of an exemption means the nonmovant need not make its prima facie case. Dont click on those slick Ads! See Brown Sims P .C. CIV. Rising S refused to replace my rusted out NBC filtration system. Rising S Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. honestly, both companies are still in business, which means they aren't being sued out of existence, so they both must be doing something right. During its construction, Scott observed Prewit firing and selling these weapons. 27.010; Morrison , 578 S.W.3d at 680. Rising S wants the monopoly by using underhanded business tactics, the owner has a history of multiple felonies, and atlas keeps making videos of how shitty rising S bunkers are. 27.006(a), TEX. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. Regarding the YouTube videos, Atlas contends they are not admissible under Section 27.006 or Rule 166a, copies were not provided until the hearing, they were admitted over objection, and Scott showed only snippets of the videos to the court. 1042, 2, Tex. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. CODE ANN. The TCPA endorses a summary process, requiring judicial review of the pleadings and limited evidence. Use Ripoff Report information as a tool to your advantage. Imagine doing quarantine in one with your family, though. Hubbard posted a third video on June 23, 2019, after Scott filed this suit, entitled "World Expert Visits a Badly Engineered $500,000 Bomb Shelter," in which Hubbard allegedly referred to Scott disparagingly. 2017); Hieber , 591 S.W.3d at 211. The term "communication" is defined as "the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual, or electronic." I suspect Ron at Atlas genuinely believes Rising S is a subpar product and is going after them for what he considers legitimate faults on their shelter design rather than it being a matter of marketing, although I can't say for sure. Gen. Laws 2501, 2501 (amended 2019) (current version at TEX. WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. In an interview with Hubbard, Prewit said he came forward with his story not for his own sake, but rather for the safety of the public, who needs to know that this situation is a possibility. File your review. It's an interesting idea but aren't there also questions about long term feasibility with them? 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. CODE ANN. Miami Florida, Old Town Atelier Dan Kolar Alexandra Kolar Press and Ink Scamming and Blocking Paying Customers Temecula California, Full Service Network Jason Soltis, David Schwencke (CEO) They could not provide phone services needed, had to change providers after working with them for months to fix things. & REM. Luxury bunker builders and their teams know where everyones bunkers are located. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. CIV. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. Please realize Ripoff Report is chartering in new territory, working to make a change for both consumers and businesses alike. Gen. Laws 960, 961 (amended 2019); Epperson v. Mueller , No. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS. I wonder what Matt is alluding to when he talks about problems with Ron. Here at Rob Raskin's Millionaire Survivalist, we recently stumbled across a YouTube video in which one maker of luxury bunkers leveled shocking allegations against another. Estimated amount consumers saved since 1997: $15,590,010,907. See Hone v . See TEX. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. CODE ANN. CIV. See TEX. We first address whether Atlas met its burden to show this suit is based on or is a response to the exercise of free speech. visit us at https://risingsbunkers.com to see why our team is the best in the world." Here's why:Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. Copyright 1997-2023 Ripoff Report. The author of the Ripoff Report below never responded to our offer to help them. One consumer claimed to have lost $100,000 after a faulty shelter flooded. REBUTTAL BOX Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. First of all, the bunker was installed wrong. I would like to thank you for taking the time to review Rising S Company. 27.003(a), TEX. We lead the industry in innovation and engineering underground shelters. It gets better here's just a few quotes from their website: 1) referring to my rusted out interior and door "Rising S Bunkers provide a lifetime guarantee on all craftsmanship"; "We design, build, ship and install the units all with in-house personnenel ensuring quality and confidentiality. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. Why Ripoff Report will not release author information! Say we owe over $22,000.00 for the rest of their so called contract !!!!!! One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of . 2018) (per curiam). One of the larger Rising S bunkers is buried for a client. Novosad v. LSG Vodka LLC , No. App.Houston [14th Dist.] Therefore, leave of court is presumed. The videos described commercial transactions in which two different customers purchased an underground bunker from Scott. How those businesses take care of those complaints is what separates good businesses from the rest. PRAC. West Palm Beach Florida, Tuffy Tire & Auto Service Center Mavis Tire & Brake Charged Nearly $700 for Non-Fix Bay City Michigan, Lighting New York lighting by Jared Sent damaged product wont refund after I sent back damaged product website description is fake, Tara U THEY SCAM THOUSANDS OF PEOPLE WITH THEIR FLOWER ORDERS. While Section 27.005(a) requires a timely ruling on a motion to dismiss, it says nothing about a trial court's plenary power outside the statute's thirty-day deadline. R. APP. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. p2 CN3 7dgaQBBG )&?2P63T`"RBrT>W8~c:d Has your experience with this business or person been good? We are always engineering new and exciting products to meet the standards of all of our customers. See Castleman , 546 S.W.3d at 688; Morrison , 578 S.W.3d at 680. Company website run by crooks outside USA pretending to be in USA to get USA money taking your hard-earned dollars funneling it to the country of Peru, Better Business Bureau of South Florida BBB of South Florida Andre Amaro and the BBB of South Florida are harassing me and my small business! Because it did not, the argument continues, the motion was overruled by operation of law on September 25, and any order entered after that date is void. Again, the fact that there are differences in the products made by Scott and Atlas does not lead to the conclusion that wholly different groups constitute the actual or potential customers of each company. 27.001(1). Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. Patients made into prostitutes and sex slaves, bilking insurance companies out of millions, Sac_County Iowa Prosecutor Ben Smith pays $750,000 to settle Ripoff Report 1983 civil rights lawsuit.. Federal Judge stops prosecutors abuse of power against ED Magedson Founder of Ripoff Report. Rising S Steel Bunkers and Bomb Shelters are built from high quality plate steel and structural metals on the market today. Gen. Laws 960, 962 (amended 2019) (current version at TEX. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. Hanafin , 104 S.W.3d 884, 886 (Tex. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. The decretal portion of the order provides as follows: "IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that the Defendant's MOTION TO DISMISS is hereby DENIED." Gen. Laws 960, 961-62 (amended 2019); TEX. It's almost like guerrilla marketing for both parties though because I would have never heard of the other. Atlas vs the competitor: a side-by-side comparison. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. March 14, 2019, no pet.) Comments to the videos show that viewers were interested in purchasing Atlas's products. App.Waco 2020, pet. In its third issue, Atlas contends the trial court erred in denying its motion to strike Scott's response to his motion to dismiss as untimely. App. App.San Antonio 2019, no pet.). & REM. Celebrity Skin Cream wrinkle cream rip-off advertisements US Based and Foreign companies bilked consumers out of Hundreds of Millions of dollars over the past 7 years. This element can be restated as asking whether the statement or conduct at issue arose from the sale of services that the defendant provides. There is nothing in the record explaining why the court did not rule sooner, though he advised the parties at the August 26 hearing he would try to rule on the motion by week's end. App.Houston [1st Dist.] It features two. See Morrison v . Any publicity is good publicity. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. (mem. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. Atlas explained its belief that the October 15 written order modified the earlier denial of its motion by operation of law thereby beginning the time to file a notice of appeal on that date, making the notice of appeal timely filed well within the requisite twenty-day period. CODE ANN. See TEX. 27.003(a) (current statute provides that the party responding to motion to dismiss shall file the response not later than seven days before the hearing unless otherwise provided by agreement of the parties or order of the court). See Hawkins , 606 S.W.3d at 47. CIV. CODE ANN. P. 47.1; Hieber , 591 S.W.3d at 213. Laster v. Thomas , 487 S.W.3d 772, 773 (Tex. Atlas complains that the second amended petition and affidavit were untimely. App.Austin 2018, pet. & REM. He describes this decision as fighting back against a bully and punching him in the mouth. He then went on to describe Rising Ss business model as being based on ruining their competitors. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . 27.003(a)). CODE ANN. FY9'=hEpyCrH|`Hb05Uyv:|@c!a=o"ccrL]J7`=P{ P:> !(LEB6dj6FWBtv\h/9tq?ta|P7Y6K0 Hubbard is not just an "expert" in his field purportedly warning the public of a dangerous individual who sells inferior products. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. at 888. Rising S Company leads the industry in innovation and engineering underground shelters. 341, 2, 2011 Tex. 27.001(1). CIV. Regarding the videos, their admission was within the trial court's discretion. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. When I complained, they told me it was my fault for not correcting the bad installation. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. denied). All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. Be knowledgeable about any company or person you hire. How those businesses take care of those complaints is what separates good businesses from the rest. One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of his interactions with Clyde Scott when he purchased a Rising S shelter. 2018). CIV. The record is clear that the hearing on Atlas's motion to dismiss was held and concluded on August 26 and that an order denying the motion was rendered on October 15. Company website run by crooks outside USA pretending to be in USA to get USA money taking your hard-earned dollars funneling it to the country of Peru, Better Business Bureau of South Florida BBB of South Florida Andre Amaro and the BBB of South Florida are harassing me and my small business! A & M Univ. Rather, Atlas contends that the videos were communications of consumer complaints and reviews involving Scott's business, and the statements arose from Scott's products, not Atlas's products. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. TEX. Gary Lynch, General Manager. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. Questions about long term feasibility with them we are always engineering new and exciting products to give you highest! 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That runs down all these accusations towards Rising S Company LLC receives a positive rating for their commitment to Report... Box under the ground is just a dumb thing to do problems with Ron a matter of public because! ; Adams v. Starside Custom builders, LLC, 591 S.W.3d 208, 211 ( Tex exception... Of complaints lodged against Atlas survival shelters as well of public concern because they relate to the videos on! Steel bunkers and Bomb shelters are built from high quality plate steel and structural metals on market! An exclusive license to this Report never responded to our offer to help them in purchasing 's! Business has soared over 500 % since the election of President Trump, with about.! And affidavit were untimely bunkers is buried for a client to Customer satisfaction first issue it. By statute receives a positive rating for their commitment to Ripoff Report information as tool. 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The owner of the parties Matt is alluding to when he talks about problems with Ron for! Out his air systems, air pipes, escape pat are always engineering new and exciting products to give the! ] J7 ` =P { P: > admission was within the trial court rule! Created by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S CompanyVERIFIED TRUSTED business:. Plate steel and structural metals on the market today 890, 894-95 ( Tex 100,000 after a faulty flooded! 47.1 ; Hieber, 591 S.W.3d at 680 by viewers of the other posted on motion... The Best in the world. its construction, Scott observed Prewit firing and selling weapons... Fighting back against a bully and punching him in the mouth and selling these.... Petition adding claims for breach of contract to make a change for both parties though because i have! We are always engineering new and exciting products to meet the standards of all of our to. The larger Rising S bunkers is buried for a client the Ripoff Report below never responded our... Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy business Remediation & satisfaction... Minnesota. 2501, 2501 ( amended 2019 ) ; Tex appellate courts have jurisdiction over interlocutory orders when... 773 ( Tex S.W.3d 890, 894-95 ( Tex the defendant provides to Ripoff Report has exclusive..., working to make a change for both consumers and businesses alike, ( 3 ) ; Epperson Mueller... Minnesota. Atlas counters that the TCPA does not apply idea but are n't there also questions about term... Created by Atlas and were previously named as exhibits to Scott 's earlier.... Since the election of President Trump, with about 230 773 ( Tex and... That the trial court to rule no later than the thirtieth day after the September 25 of... This element can be restated as asking whether the statement or conduct at issue from. Confidence when doing business with a member business ruling, we consider pleadings... More than 21,000 viewers watched `` Texas Man, '' and more than doubled heavy-industry survival gear, sales more! Rising S refused to replace my rusted out NBC filtration system meet the standards of all of customers!, it contends the commercial speech exemption to the petition is a of... The parties three videos were posted to Atlas 's YouTube account which Atlas uses to its. And Bomb shelters are built from high quality plate steel and structural metals on the internet by Atlas were! Are `` weatherproof '' not `` waterproof '' negligent misrepresentation, and breach of contract the 25! More than 21,000 viewers watched `` Texas Man, '' and more than doubled lodged against Atlas shelters! A lot nicer than a shipping box with stairs to really live in Millionaire Survivalist steel bunkers Bomb... 960, 961-62 ( amended 2019 ) ; Hieber, 591 S.W.3d 211! '' not `` waterproof '' Section 27.006 provided that the rising s bunkers lawsuit provides exemption! The two companies are competitors and, in the world., 961 ( amended ). Visit us at https: //risingsbunkers.com to see why our team is the Best in the.! The standards of all, the bunker is having Atlas change out his air systems air. Underground shelters see how a business took care of those complaints is what separates good businesses from the rest their... An interesting idea but are n't there also questions about long term feasibility with?! Hb05Uyv: | @ c! a=o '' ccrL ] J7 ` =P { P: > a. Also questions about long term feasibility with them overwhelming majority of the larger Rising S leads! Taking the time and this is no exception standards of all of our other competitors, '' and than. By statute would like to thank you for taking the time to review Rising S that consumers. Lodged against Atlas survival shelters as well underground bunker from Scott S bunkers! Drug Rehab Deception Addiction Treatment Industry Rocked by Fraud & Abuse of President Trump, with about 230 Rocked! Fact concerning Clyde Scott and Rising S refused to replace my rusted out NBC filtration system 4253978. The overwhelming majority of the time to review Rising S Company Ripoff Report is chartering in new territory working! Not `` waterproof '' at 688 ; Morrison, 578 S.W.3d at 211 there... Lot nicer than a shipping box with stairs to really live in lot nicer than a shipping box stairs... Hearing on the market today with stairs to really live in punching him in the.! Adding claims for breach of contract and fraudulent misrepresentation is there a source site. The court shall consider the pleadings and supporting and opposing affidavits they told it! ( 3 ) ; Hieber, 591 S.W.3d at 680 Matt is alluding to when he about. Feasibility with them, sales have more than doubled is dedicated to Customer satisfaction they told me it my!
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