We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. 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. Welcome to the Rising S Company official YouTube channel. Rather, the decretal provisions of the judgment control. 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 program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. All rights reserved. See Hawkins , 606 S.W.3d at 44 n.2. Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. (per curiam) (mem. 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. CIV. Required fields are marked *. Another video, entitled "Lady in Minnesota and Her Horrible Bomb Shelter," featured Hubbard touring and critiquing a shelter installed by Rising S. Scott sued Atlas for libel and business disparagement based on these two videos. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. R. APP. See TEX. The applicable version of Section 27.005(a) required the trial court to rule on a TCPA dismissal motion not later than the thirtieth day following the date of the hearing on the motion. There are so many false claims, I don't know where to begin. & REM. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Make your practice more effective and efficient with Casetexts legal research suite. Rising S Company leads the industry in innovation and engineering underground shelters. CODE ANN. Call Us At (214) 455-0560 For A Free Estimate We pride ourselves on customizing each bunker and bomb shelter to meet or exceed the client's specific needs. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. In both videos, Mr. Hubbard opens by saying "welcome back to another episode of Atlas Survival Shelters" and states that Rising S is a competitor of his. CIV. 27.008(a). See Act of May 21, 2011, 82nd Leg., R.S., ch. CODE ANN. Did I just hear Rising S state that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker? PRAC. On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. Rising S Company LLC made efforts to ensure that all customers were satisfied, and owner, CEO, or Managing Member assured Ripoff Report that the business has an improved business model that features customer satisfaction as the top priority. Because this claim is not based on Atlas's exercise of the right of free speech, right to petition, or right of association, this claim cannot be dismissed pursuant to the TCPA. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." When a company or individual joins the Ripoff Report Corporate Advocacy Program, they must make a commitment to us - in writing - to 'doing whatever it takes to make things right with their customers.' This is the best way to manage and repair your business reputation. Rising S refused to replace my rusted out NBC filtration system. Hawkins v. Fox Corp. Ron visits a 3-year-old Rising S bunker that costs around $500,000. 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." Atlas filed its notice of appeal on October 22, 2019. op. CIV. & REM. PRAC. 27.006(a), TEX. 341, 2, 2011 Tex. 2003) (per curiam). What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. The conclusion. 341, 2, 2011 Tex. 341, 2, 2011 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. PRAC. READ: Foreign websites steal our content. 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. 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. A feud between two luxury bunker builders has brought up some disturbing points. CIV. & REM. 27.005(c); Castleman , 546 S.W.3d at 691. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. PRAC. v. Tex. op.). We agree the videos constitute a communication. TEX. 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. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. The evidence shows that Atlas and Scott are competitors in the same industry. 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. 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. P. 26.1(b). Corporate Advocacy Program: How to repair your business reputation. In the future, if anyone has any complaints or concerns with Rising S Company LLC, you are invited to contact them directly via email: bunkerfilters@gmail.com (again, please be sure to cc: EDitor@ripoffreport.com so we can keep track of the company's response and to insure customer satisfaction). If you have any questions, please dont hesitate to give us a call. Feuds between two competing companies benefit the end consumer the overwhelming majority of the time and this is no exception. Welcome to the Rising S Company official YouTube channel. An old texas man calls Atlas Survival to come out and replace his Rising S air system, fix his escape tunnel and add a AR500 to his hatches. Scott met its burden to show the commercial speech exemption applies. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. 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). 27.001(1). the owner of Atlas just has a big following and Rising S has been pretty much silent, so there is a single voice that everyone is hearing. Advertisers above have met our Atlas vs the competitor: a side-by-side comparison. 19-00111). CODE ANN. 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. 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. & REM. |. Rising S Company leads the industry in innovation and engineering underground shelters. Yes, Atlas is THE place to go. Scott's argument implicates the question of timeliness of Atlas's notice of appeal. 2017); Hieber , 591 S.W.3d at 211. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." 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. Here, the record does not show whether Scott obtained leave of court. Hous., LLC , 606 S.W.3d 41, 45 (Tex. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, a program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Who's crazy enough to start this website? Based on the new version's reference to rule of civil procedure 166a, Atlas argues that Scott's affidavit and second amended petition were not timely. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Show customers why they should trust your business over your competitors Ripoff Report REVIEW /Commitment to Customer Satisfaction Rising S Company joins Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program -- a long name for a program that does a lot for both consumers and business alike. August 11, 2016, no pet.) First of all, the bunker was installed wrong. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. denied). Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. I keep on seeing Rising S trashed but not a single source for anything. The applicable version of Section 27.006 provided that the court shall consider the pleadings and supporting and opposing affidavits. CIV. Corporate Advocacy Program: How to repair your business reputation. PRAC. R. APP. All you will need once completely installed and ready to go are your personal items and food.". 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. 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. However, the petition did not include new causes of action, and the affidavit addressed issues raised in prior pleadings. The money is better spent on land, supplies, transportation, or literally anything else. REBUTTAL BOX Rising S Company leads the industry in innovation and engineering underground shelters. 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). 27.003(a)). CIV. An even better question, why do you care about drama between bunker companies? We do not hire outside sources so everything from engineering, fabrication, delivery and installation are all done by us keeping you as anonymous as possible. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . 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. We enjoy it. 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. 1042, 2, Tex. A & M Univ. CODE ANN. Prewit alleges Scott set him up to be busted by the feds after seeing Prewits cache of illegal weapons, which included guns that were unregistered and had been illegally modified. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. CIV. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. 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! If the trial court does not issue a timely ruling, the motion is considered to have been denied by operation of law and the moving party may appeal. One consumer claimed to have lost $100,000 after a faulty shelter flooded. 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.). Below is the information about rising s bunkers lawsuit . "It's by far, by 20. Hanafin , 104 S.W.3d 884, 886 (Tex. The rules of appellate procedure provide that, in an accelerated appeal, the notice of appeal must be filed within twenty days after the judgment or order is signed. 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. When I demanded they honor their warranty, they told the BBB (Better business bureau) that their purchase contract voids the warranty, which is insane. CODE ANN. Why do they hate each other and are either of them being honest on how subpar their rivals products are? 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. CODE ANN. Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. CIV. Estimated amount consumers saved since 1997: $15,590,010,907. & REM. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. op.) See Jones v . CIV. Estimated amount consumers saved since 1997: $15,590,010,907. realistically youd need a lot more to protect from radiation but you get what you pay for and if you want a metal box to live in you can get one. Gen. Laws 960, 962 (amended 2019) (current version at TEX. See Act of May 24, 2013, 83rd Leg., R.S., ch. 21.001(3). CIV. FY9'=hEpyCrH|`Hb05Uyv:|@c!a=o"ccrL]J7`=P{ P:> !(LEB6dj6FWBtv\h/9tq?ta|P7Y6K0 Who is ED Magedson - Founder, Ripoff Report. Rising S Company is willing to go beyond the call of good customer service and do what it takes to make things right with their customers. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (mem. 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. All rights reserved. App.Houston [1st Dist.] 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." 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. 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. When I asked where my surveillence cameras were, they said it was a misprint, which is still there, and has never been corrected. I don't have the time or energy to go over all their false statements because there's just too many. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. Applicable Law. 9350 State Hwy 31 E Murchison, Texas United States. I wouldnt do business with the trash talker. See Tex . Rising S Company 9350 State Hwy 31 E Murchison, TX 75778 Sales: (903) 804-3774 Sales: bunkerfilters@gmail.com Service: (214) 893-8007 Service: steelbunkers@gmail.com Media Request: (903). See TEX. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. TEX. CODE ANN. 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. TEX. op.). I mean look out how reality tv is thriving lol. All business will get complaints. 27.005(d), TEX. Metro. 1988). Offering 100% lifetime welds and craftsmanship warranty. 2) When you read their "Certifications" page, all you see is certifications for "storm shelters", not NBC bunkers and they state: "We offer the best underground bunkers, storm shelters and safe-rooms on the marketour bomb shelters are the BEST on the market." 27.010(a)(2), TEX. 378, 12, 2019 Tex. Rising S Company uses all steel throughout the entire structure which will not mold or grow bacteria over time. 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. CODE ANN. Texas Rule of Appellate Procedure 26.3 allows a party to move to extend the time to perfect an appeal if he acts within fifteen days after expiration of the deadline for filing the notice. 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. Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. PRAC. Atlas's arguments are based in large part on the current version of Section 27.006(a) which provides that, in considering whether a legal action is subject to or should be dismissed under Chapter 27, the trial court shall consider the pleadings, evidence a court could consider under Texas Rule of Civil Procedure 166a, and supporting and opposing affidavits. PRAC. TEX. 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. 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