& REM. Rather, the decretal provisions of the judgment control. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. Walker , 606 S.W.3d 565, 570 (Tex. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. 2018). Finally Atlas ha. Moreover, we need not consider the live testimony to determine if the trial court's ruling was appropriate because the allegations in the petition and the videos themselves are sufficient for our review. CIV. & REM. Law360 (February 24, 2021, 4:57 PM EST) -- The family of one of three people killed in a propane gas-fueled explosion inside a Texas bunker sued the bunker maker and three other companies in. R. APP. 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. Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. Consumers want to see how a business took care of business. CIV. CODE ANN. As a Part of the Corporate Advocacy Program the member business allows Ripoff Report to send an email to all of those who filed a complaint in the past, letting the customer know, the member business wanted to make things right with them, whatever it takes to do so. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. Nothing to do with any drama. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. The defendant-movant bears the initial burden of showing that the conduct that forms the basis of the claim against it is protected by the TCPA, that is, that the suit is based on, relates to, or is in response to the movant's exercise of its right to free speech, association, or petition. Further, regardless of whether the motion was denied by operation of law or by the October 15 order, our review of the denial will be de novo such that any factual recitations would be irrelevant in our analysis. 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. I'm completely out of the loop here. CODE ANN. Id. With a 100% Lifetime welds and craftmanship warranty. Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. Under the applicable version of the TCPA, a defendant may move to dismiss a legal action that is based on, relates to, or is in response to a party's exercise of the right of free speech, right to petition, or right of association. 1997). 341, 2, 2011 Tex. CODE ANN. Sys. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. A team from the Rising S company installs a bunker. 27.001(3). 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 . 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. CODE ANN. The videos were posted on the internet channel Atlas used to advertise its products, and Hubbard invited viewers to contact him regarding his survival shelters. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. You can call Rising S Company LLC directly at 214-455-0560. Yet their growth has been steady. We overrule Atlas's fourth issue. 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. Are these those prefab bunkers you can buy and sink yourself with enough money? 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. 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. Rising S Company is dedicated to customer satisfaction and technology. CIV. PRAC. Even if we agree with Atlas's interpretation and applicability of the legislature's intent as shown by the 2019 amendment, the fact remains that its "reviews" are immersed in and interconnected with Atlas's role as a seller of underground survival shelters. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. Can anyone explain the feud between Atlas and Rising S Bunkers? RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS" Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. CODE ANN. CIV. See Best , 562 S.W.3d at 12. 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." 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. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Ripoff Report has an exclusive license to this report. & Loan Ass'n , 751 S.W.2d 487, 490 (Tex. 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. Imagine doing quarantine in one with your family, though. Scott's argument implicates the question of timeliness of Atlas's notice of appeal. During its construction, Scott observed Prewit firing and selling these weapons. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. 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. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. Regarding the live testimony, the trial court may, but is not required to, hear live testimony when determining whether to grant or deny a TCPA motion to dismiss. One purpose of the videos was to warn the public about an inferior product that could harm the public, a matter of public concern under the TCPA. Gen. Laws. Further, Atlas filed a response to Scott's motion to dismiss. Your email address will not be published. That YouTube video that sparked your interest, has done nothing but promote both companies. 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. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival 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. To order your Survival Food visit:https://beprepared.com/pages/shelter-with-atlas?rfsn=3944244.545f75&subid=atlas.foodFollow me @https://www.facebook.com/atl. Accordingly, based on the liberal standard for considering untimely appeals, we find this court has jurisdiction to hear Atlas's appeal. 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. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. 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. 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. However, the petition did not include new causes of action, and the affidavit addressed issues raised in prior pleadings. Any publicity is good publicity. How those businesses take care of those complaints is what separates good businesses from the rest. If you would like to what I have to say, please give me a call. CIV. 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. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Yes, I did and that is a bold-face lie. 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. All rights reserved. If you have any questions, please dont hesitate to give us a call. All rights reserved. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. See Castleman , 546 S.W.3d at 688; Morrison , 578 S.W.3d at 680. Laster v. Thomas , 487 S.W.3d 772, 773 (Tex. But they want to warn you about all the very bad bunker and shelter companies out there, so much so, they dedicated an entire page titled "Know the Truth" telling consumers why all their competitors products are "inferior" and they have "bad ideas" and beware of these "fly by nights" so you can trust Rising S company Right? Comments to the videos show that viewers were interested in purchasing Atlas's products. Consumers want to see how a business took care of business. 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." Atlas Survival Shelters, LLC appeals the denial of its motion to dismiss the libel suit brought by Clyde Scott and Rising S Company, LLC (collectively Scott). In its fourth issue, Atlas contends the trial court erred by improperly allowing Scott's second amended petition and affidavit, the complained-of videos, and live testimony to be considered at the hearing on its motion to dismiss. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. If an action falls under a TCPA exemption, the TCPA does not apply and may not be used to dismiss the action. CODE ANN. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. The author of the Ripoff Report below never responded to our offer to help them. See TEX. Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. The evidence shows that Atlas and Scott are competitors in the same industry. Ripoff Report has an exclusive license to this report. App.Amarillo 2018, pet. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." See Verburgt v . In the "Lady in Minnesota" video, Hubbard references, shows, and advertises Atlas's products and services in comparison to Scott's products and services. 2007). Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. 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. Tell us has your experience with this business or person been good? PRAC. Watch out for warning signs like builders who wont give you an estimate yet are eager to get you to pay a deposit and sign a contract. Oct. 13, 2015, pet. See Act of May 21, 2011, 82nd Leg., R.S., ch. 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. 27.005(c); Castleman , 546 S.W.3d at 691. A feud between two luxury bunker builders has brought up some disturbing points. *Any consumer not receiving satisfaction from a member of Ripoff Report's Corporate Advocacy Business Remediation and Customer Satisfaction Program should email us at EDitor@ripoffreport.com. See TEX. On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Use Ripoff Report information as a tool to your advantage. Copyright 1997-2023, Ripoff Report. 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. Rising S bunkers range from $40,000 to well over $8 million. 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. Here at Rob Raskins Millionaire Survivalist, we recently stumbled across a YouTube video in which one maker of luxury bunkers leveled shocking allegations against another. CIV. Intertwined with and overlying this multi-step dismissal process is the TCPA provision exempting certain actions from the TCPA's application. One client purchased 1,000 high-quality air filters. 27.008(a). 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. 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. Rising S Company is confident about their shelters craftsmanship and engineering, so you can be too. Luxury bunker builders and their teams know where everyones bunkers are located. Did I just hear Rising S state that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker? We know there is a lot of false information out there by our competitor but check out some of our videos and reach out to ask us any . 27.006(a)). PRAC. Nov. 18, 2020). Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. 01-18-00781-CV, 2019 WL 1186695, at *3 (Tex. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Atlas filed a response asserting the October 15 ruling modified the denial of its motion to dismiss pursuant to Rule of Civil Procedure 329b, and the time for appealing runs from the October 15 ruling. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. Paradise Property Management Ventura Illegal eviction my account being hacked, PPM will not investigate how it happened Ventura California, Kei Kullberg Quintessential Mortgage Group bait and switch you into promising you a low-rate Mortgage Scammer White Plains New York, TAHINI GODDESS Sally schimko Sexyveggies Tahini Goddess inulin Goddess Prebiotic white labeling of non-licensed food supplement. In four issues, Atlas contends the trial court erroneously denied its motion to dismiss. See Epperson , 2016 WL 4253978, at *11. ); Clewis v. Harris Cty., No. We need not specifically answer whether the trial court retained plenary power as to Atlas's motion to dismiss after it was denied by operation of law, or whether the September 25 or October 15 date controls the appellate timeline. they cannot deliver what they say an insane amount of money Pittsburgh Pennsylvania, Attorney Sharon K. Campbell COLLUDES with Wells Fargo Dallas Texas, BlackSwanCapital.co Black Swan Enterprises Peter Tumbas Black Swan Capital The offered guaranteed low-cost financing if I first stepped in high-cost short term financing New York New York, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! While we cant make a definitive statement regarding which companyor if either of themare in the right or whether or not the allegations against Clyde Scott are true, this situation brings up some more troubling issues. Good for the consumer though as they bring the shortcomings of the bunkers to light. Estimated amount consumers saved since 1997: $15,590,010,907. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. & REM. PRAC. Has your experience with this business or person been good? visit us at https://risingsbunkers.com to see why our team is the best in the world." See Goswami v . Consumers love to do business with someone that can admit mistakes and state how they made improvements. Your on Reddit everyone cares about the drama. v. L.W. App.Houston [1st Dist.] This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. In re Lipsky , 460 S.W.3d 579, 589 (Tex. Is Clyde Scott a bully? CODE ANN. 27.010(a)(2). TEX. They write that the only way to reinforce shipping containers is to"line it in concrete blocks or in woodboth of which are inferior methods compared to the strength of the heavy steel used in RSC units." Some of those commentators state they will not purchase from Scott and some say they will purchase from Atlas after watching the "Texas Man" video. & REM. CODE ANN. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. Id . Is there a source or site that runs down all these accusations towards Rising S? Dorner , 959 S.W.2d 615, 616 (Tex. 27.001(7), TEX. The Review below should be ignored.NOW TO THE ORIGINAL REPORT THAT WAS FILED---------------------------------------------------------------------. We know there is a lot of false information out there by our competitor but check out some of our videos and reach out to ask us any . 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. P. 63. CODE ANN. Thus, it argues, the statements were made to address matters relating to health, safety, environmental well-being, economic well-being, community well-being, or relating to a public figure, or concerning a product in the marketplace. 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." CIV. Welcome to the Rising S Company official YouTube channel. 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. CODE ANN. Ron visits a 3-year-old Rising S bunker that costs around $500,000. 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." 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. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. CODE ANN. |. All rights reserved. Why Ripoff Report will not release author information! 1042, 2, Tex. The Texas Supreme Court has made it clear that appellate courts should not dismiss an appeal for a procedural defect whenever any arguable interpretation of the rules of appellate procedure would preserve the appeal. See Act of May 17, 2019, 86th Leg., R.S., ch. Insurance for tough times. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. 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