IN 3 WEEKS THEY SENT 3 OF MY RECIPIENTS DEAD FROZEN TINY BOUQUETS calgary, Ponce motors Deceptive car sales Austin Texas, Nextiva efax overcharged me for an entire year even before the monthly trial expired able to use the service at all. CODE ANN. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. PRAC. 27.006(a). Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. I paid $45,000 up front for them to build my NBC (Nuclear, Biological, Chemical) underground bunker, including delivery and installation. PRAC. Even if the appeal deadline was on October 15, which was twenty days after the motion to dismiss was denied by operation of law, Atlas's October 22 notice of appeal was filed within fifteen days of that date. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. 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. I'm completely out of the loop here. CODE ANN. 378, 12, 2019 Tex. 9350 State Hwy 31 E Murchison, Texas United States. In its second issue, Atlas asserts that the trial court failed to apply the appropriate standard in its October 15 ruling, and the ruling contradicts itself. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. 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. This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. How does a business get Ripoff Report Verified. PRAC. See id . See Tex . March 14, 2019, no pet.) 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. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. Although Atlas did not file a motion to extend time to file the notice of appeal pursuant to Rule 26.3, because it tendered a notice of appeal within that fifteen-day time period beginning October 15, we imply that it filed a motion to extend. App.Houston [1st Dist.] 27.010, TEX. Scott asserted that Atlas did not make reasonable efforts to verify its claims, knew the claims were false, or recklessly disregarded the truth when making the statements. 12-20-00054-CV (Tex. Press question mark to learn the rest of the keyboard shortcuts. Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. Therefore, leave of court is presumed. Inside Billionaire Bunkers And business is booming at Texas-based Rising S Bunkers, with over 2,000% more inquiries from potential buyers concerned about their security. We also value our potential customers, so we take time to discuss our business and products at length with anyone interested in additional security solutions. We are always engineering new and exciting products to meet the standards of all of our customers. See TEX. The "Lady in Minnesota" video opens and ends with the Atlas logo. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. We overrule Atlas's third issue. Russias Invasion of Ukraine: A Sign of Things to Come? We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. CIV. 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. All rights reserved. 27.008(a), TEX. Rising S Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Consumers can feel safe confident and secure when doing business with Rising S Company. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. Corporate Advocacy Business Remediation and Customer Satisfaction Program. "All our bunkers and bomb shelters have bullet resistant, fail safe, tamper proof doors ": unless of course, your a drop of rain or a snowflake, then they rust out completely. Say we owe over $22,000.00 for the rest of their so called contract !!!!!! Yes, when snow melts, it goes inside my NBC bunker door that is supposed to keep out Nuclear particles, Biological and Chemical agents, but not water. Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. I've got no dog in this fight as I can't afford either company, but I don't like seeing trash talk without a source. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. & Loan Ass'n , 751 S.W.2d 487, 490 (Tex. August 11, 2016, no pet.) 341, 2, 2011 Tex. THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this Court that there was no error in the trial court's order. Rising S Company leads the industry in innovation and engineering underground shelters. Gen. Laws. PRAC. CODE ANN. Ripoff Report REVIEW /Commitment to Customer Satisfaction, ALL COMPANIES GET COMPLAINTS, BUT HOW THE COMPANY HANDLES THOSE COMPLAINTS, SEPARATES GOOD BUSINESSES FROM THE REST, RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS, WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS, RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT, ANY BUSINESS THAT CAN ADMIT THEY MADE MISTAKES AND CORRECTS THOSE MISTAKES IS A BUSINESS YOU CAN TRUST AND WORTH DOING BUSINESS WITH, STATED IMPROVEMENTS FROM RISING S COMPANY. CODE ANN. Members of the Corporate Advocacy Business Remediation and Customer Satisfaction program do pay a fee for our on-site review, 24-hour monitoring and for support with customers to resolve any disagreements. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. Scott met its burden to show the commercial speech exemption applies. Dont click on those slick Ads! See Act of May 21, 2011, 82nd Leg., R.S., ch. visit us at https://risingsbunkers.com to see why our team is the best in the world." Again, to err on the side of their customer, those from the past and those in the future. I would like to thank you for taking the time to review Rising S Company. Regardless of the accuracy of Atlas's legal interpretation of the controlling date, it indicates the failure to file within twenty days of the date the motion was overruled by operation of law was not deliberate or intentional, but was the result of inadvertence or mistake, and satisfies the requirement for a reasonable explanation to justify the need for an extension. CODE ANN. 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. 2020). CODE ANN. Specifically, it complains that the court responded to only three of four criteria that should be addressed, and the court contradicted itself by stating that the commercial speech exemption is established but that Atlas failed to show by a preponderance of the evidence that Scott's claim is based on, relates to, or is responsive to a protected right of Atlas. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. They also told the BBB that their doors are "weatherproof" not "waterproof". 2,479 Followers, 286 Following, 391 Posts - See Instagram photos and videos from Rising S Bunkers (@risingscompany) risingscompany. Rising S Company 9350 State Hwy 31 E Murchison, TX 75778 Sales: (903) 804-3774 Sales: [email protected] Service: (214) 893-8007 Service: [email protected] Media Request: (903). App.San Antonio 2019, no pet.). See TEX. 27.006(a)). Finally, Atlas asserts that neither its actual or potential customers were the intended audience. As a storage facility or sitting out a tornado, they're probably fine. Hous., LLC , 606 S.W.3d 41, 45 (Tex. In his video, Ron recommends whenever possible purchasing a bunker and hiring your own team to transport and install it for your own personal security. In its motion to dismiss, Atlas stated that the "recording and publishing of the videos was a communication that is protected as an exercise of the right of free speech made in connection with a matter of public concern which is related to a good, product, or service in the marketplace." PRAC. PRAC. No definition of maintenance, no written manual or documents, but they defined it themselves to the BBB as the customer is responsible for their bad installation, yet they write on their website "Highest quality engineering coupled with Expert Installation". See Jones v . 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. Attention seeking for marketing.. Another reason to make a YT video or FB post. In order to confirm that the complaints were resolved, Ripoff Report is copied on all responses, so we can insure that the member business did right by their customer. Scott also alleged that, "[a]t all times in the Original Videos, Mr. Hubbard is acting in his capacity as owner and representative of Defendant." Consumers want to see how a business took care of business. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. 2020, no pet.). Well, if that's christian, then they give God and Texas a bad name. CODE ANN. See Act of May 21, 2011, 82nd Leg., R.S., ch. Asserting that the videos were communications of consumer complaints and reviews involving Scott's business, Atlas claims this is the exact sort of communication the TCPA was designed to protect. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. 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. Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. 27.005(a), TEX. The people at Rising S Company did just that. & REM. op.) Atlas's owner, Ron Hubbard, posted two videos to Atlas's YouTube channel in April 2019 in which Hubbard made statements about Scott and Rising S Company. 01-18-00781-CV, 2019 WL 1186695, at *3 (Tex. See Morrison v . 27.001(1). However, Scott's cause of action for fraudulent misrepresentation concerns a phone call made by Ron Hubbard to Scott's attorney in which Hubbard claimed to be an attorney and discussed settlement of the case. I think it's just run of the mill competition bashing. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. Atlas argues that its statements were unrelated to its capacity as a seller of its bunkers. TEX. CIV. App.Amarillo 2018, pet. However, if the nonmovant satisfies its burden, the movant may still obtain a dismissal if it establishes each essential element of a valid defense to the nonmovant's claim. Here, although there are differences in how Scott's and Atlas's shelters are built, they each sell the same kind of good, underground survival shelters, in the market place to a common customer base. Hiding negative complaints is only a Band-Aid. 2007). "Decretal" means the granting or denying of the remedy sought. Sav. 2015). App.Austin July 31, 2020, no pet.) I think they are being honest, but I think its also important to remember what these companies are providing. I'm guessing because I don't have a dog. Novosad v. LSG Vodka LLC , No. The posting time indicated is Arizona local time. & REM. App.Houston [1st Dist.] CODE ANN. CODE ANN. WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. The trial court's order denying Atlas's motion to dismiss consists of a paragraph containing the court's findings and a second paragraph, the decretal paragraph, containing the court's ruling. CIV. Atlas vs the competitor: a side-by-side comparison. Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program -- a program that benefits the consumer, which helps to increase consumer satisfaction and confidence when doing business with a member business Verified By Ripoff Report. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. I mean why not lol. Ron visits a 3-year-old Rising S bunker that costs around $500,000. This court overruled Scott's motion and set the case for submission. See Nelson v . Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. I know this is an old post, but I didn't see anyone mentioning the lawsuit, so I figured I'd mention it: Apparently Rising S either sued, or is in the process of suing, Atlas for libel. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. CIV. Prewit ended up spending 33 months in federal prison. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. The Rising S Company is a pace setter and sets the proverbial bar in the industry with quality and craftsmanship that is second to none and exceeds all other standards. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. 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. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. On any party's motion, an appellate court may dismiss the appeal if it is subject to dismissal for want of jurisdiction. TEX. & REM. R. APP. CODE ANN. PRAC. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. PRAC. Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. 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. CIV. It further argues that the comparisons made between Scott's products and Atlas's products help to establish Atlas's and Hubbard's credibility as an expert in the field of disaster preparedness, show the proper means to construct bunkers to avoid certain issues, and serve as a demonstration of how a subterranean survival shelter should operate if properly constructed and installed. I don't have the time or energy to go over all their false statements because there's just too many. Tell us has your experience with this business or person been good? CIV. At the conclusion of the hearing, the court did not rule on the motion and stated it was taking the motion under advisement to review the pleadings and evidence, including the videos in question. Rising S Company leads the industry in innovation and engineering underground shelters. Atlas also contends there is no nexus between the statements and a commercial transaction. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival Shelters. Finally Atlas ha. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. Rising S Company sells underground doomsday bunkers at every price point. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. Consumers should feel safe, confident and secure when doing business with a member of Ripoff Report's Corporate Advocacy Business Remediation & Customer Satisfaction Program, yes, a long name for a program that does a lot for both consumers and businesses alike. Estimated amount consumers saved since 1997: $15,590,010,907. Offering 100% lifetime welds and craftsmanship warranty. Act of May 21, 2011, 82nd Leg., R.S., ch. We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. Be knowledgeable about any company or person you hire. & REM. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. Gen. Laws 960, 962 (amended 2019) (current version at TEX. 341, 2, 2011 Tex. Ripoff Report always monitors these emails to insure the member business does what they agreed to. He owns a company admittedly in competition with Scott. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-verified-safebusinesses-consumers-can-trust-rising-s-bunkers-is-americas-biggest-manufacturer-of-all-steel-underground-bunkers-storm-shelters-safe-rooms-blast-doors-and-bomb-shelters-rising-s-company-leads-the-industry-in-innovation-and-engineering-underground-shelters-the-rising-s-company-is-a-pace-setter-and-sets-the-proverbial-bar-in-the-industry-with-quality-and-craftsmanship-that-is-second-to-none-and-exceeds-all-other-standards/murchison-texas-75778-3456/rising-s-company-bunkers-and-shelters-clyde-wayne-scott-managing-partner-gary-lynch-mu-1447274. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. 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. Its the equivalent of Ferrari and Lamborghini yelling at each other over having shitty seats, then proves to the world that they are shitty by finding examples of where they were shitty and making videos about it. TEX. When they approached Ron about the problem, they claim he became belligerent. 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. Atlas contends its "reviews" were recorded videos with former Scott customers explaining the issues they had with Scott's business, and not attempts to encourage customers to do business with Atlas. Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. The third video is allegedly in violation of the parties' Rule 11 agreement and is the basis of Scott's breach of contract claim. Profanchik , 578 S.W.3d 676, 681 n.2 (Tex. We provide the highest quality shelters and bunkers to customers from all over the world. Insurance for tough times. All business will get complaints. (My story is) beneficial to your business. Id. Doesn't matter, it shifted anyway. CODE ANN. At the time this suit was filed, "a matter of public concern" was defined as an issue related to health or safety, environmental, economic, or community well-being, the government, a public official or public figure, or a good, product, or service in the marketplace. CODE ANN. PRAC. We overrule Atlas's first issue. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. We have some great clients and we love hearing from them. After Atlas filed its notice of appeal in this court, Scott moved to dismiss the appeal for want of jurisdiction because the notice of appeal was filed more than twenty days after the motion to dismiss was denied by operation of law. CIV. & REM. CIV. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. READ: Foreign websites steal our content. I wouldnt do business with the trash talker. The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. 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. App.Houston [1st Dist.] The evidence shows that Atlas and Scott are competitors in the same industry. Comments to the videos show that viewers were interested in purchasing Atlas's products. CIV. A team from the Rising S company installs a bunker. 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. PRAC. See TEX. Is there a source or site that runs down all these accusations towards Rising S? CODE ANN. 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. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. See Morrison , 578 S.W.3d at 683 ("A defendant's online review of a competitor's sale and installation of the same product sold and installed by the defendant is a statement that meets" the third element of the commercial speech exemption.). & REM. Id. Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. OQHOZQz o;D%;6MW- A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Counters that the `` Lady in Minnesota '' video asks viewers to to!, an appellate court May dismiss the appeal if it is subject to dismissal for want of.! 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