PRAC. We enjoy it. See Hawkins , 606 S.W.3d at 47. 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. 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 . However, they encased my underground bunker in concrete. Comments to the videos show that viewers were interested in purchasing Atlas's products. 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. See TEX. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. When invoked, the trial court must consider an exemption's applicability after and in the context of the movant having met its initial burden under the first step of the dismissal process. See Act of May 21, 2011, 82nd Leg., R.S., ch. Tell us has your experience with this business or person been good? See Act of May 17, 2019, 86th Leg., R.S., ch. PRAC. One consumer claimed to have lost $100,000 after a faulty shelter flooded. 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. CIV. PRAC. (per curiam) (mem. Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. ; see also Martin v . In four issues, Atlas contends the trial court erroneously denied its motion to dismiss. 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. In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). CIV. CODE ANN. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. ALL COMPANIES GET COMPLAINTS, BUT HOW THE COMPANY HANDLES THOSE COMPLAINTS, SEPARATES GOOD BUSINESSES FROM THE RESTRipoff Report Verified .. part of 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.. By ED Magedson - Founder, Ripoff Report Rising S Company approached Ripoff Report with the intent of wanting to resolve any customer issues and reports posted on Ripoff Report. Finally Atlas ha. 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? A & M Univ. Your email address will not be published. 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). 378, 12, 2019 Tex. CODE ANN. App.Houston [14th Dist.] Rising S Company leads the industry in innovation and engineering underground shelters. & REM. I would like to thank you for taking the time to review Rising S Company. 2015). According to a video Hubbard posted on Atlass YouTube channel, the story began when he received the following letter, which weve very slightly edited for clarity: Ron, my name is Steve Prewit. PRAC. Atlas filed its notice of appeal on October 22, 2019. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. See TEX. App.Austin 2019, no pet.). Also, don't be afraid to ask questions and get additional information until you feel comfortable in allowing them to work for you. & REM. Consumers love to do business with someone that can admit mistakes and state how they made improvements. CODE ANN. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. P. 26.1(b). P. 47.1; Hieber , 591 S.W.3d at 213. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Ass'n of Bus. When they approached Ron about the problem, they claim he became belligerent. 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.' At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. App.Dallas 2007, no pet.). Plus it's from a famous YouTuber who wouldn't say what the bullshit was he just said he bought a bunker from rising s instead of taking a free bunker from atlas. 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. Oct. 13, 2015, pet. CODE ANN. 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.". Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. CODE ANN. We overrule Atlas's second issue. & REM. 19-00111). PRAC. See Act of May 21, 2011, 82nd Leg., R.S., ch. Attention seeking for marketing.. Another reason to make a YT video or FB post. P. 42.3(a). If you have any questions, please dont hesitate to give us a call. CIV. "It's by far, by 20. Your on Reddit everyone cares about the drama. Read more about why consumers should feel confident when doing business with a member of Ripoff Report's Corporate Advocacy Business Remediation & Customer Satisfaction Program. PRAC. He further claims Scott rolled on him to the FBI, falsely claiming to them that Prewit had a 40-man militia that called him Colonel. The next time they came out they had an FBI agent among their crew members. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. The on-site inspection / review does not mean that the products or services offered by the business have been evaluated or endorsed by Ripoff Report and has not made a determination as to the business' product quality or competency in performing services. The conclusion. 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. Sols., Ltd., 556 S.W.3d 865, 887 (Tex. 27.001(3), TEX. 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. Rising S Company is dedicated to customer satisfaction and technology. 27.005(b). It's a lot of money for a product no one is supposed to see, and no one really wants a reason to use. 27.008(a). When I first called them and told them my bunker was flooded, they told me it was just "moisture" and its my job to wipe it all up, it could get several feet of moisture inside the bunker. See id . App. Create an account to follow your favorite communities and start taking part in conversations. 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. 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. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . 27.001(3). 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. Our employees are not only skilled fabricators and craftsmen, but they are also like minded & trustworthy individuals that are also preparing their own families for whatever uncertainty the future has in store. There is no statutory authority for this court to review the denial of Atlas's motion to strike. Laster v. Thomas , 487 S.W.3d 772, 773 (Tex. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. I think it's just run of the mill competition bashing. Id. See TEX. CODE ANN. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. |. One of the larger Rising S bunkers is buried for a client. ANY BUSINESS THAT CAN ADMIT THEY MADE MISTAKES AND CORRECTS THOSE MISTAKES IS A BUSINESS YOU CAN TRUST AND WORTH DOING BUSINESS WITH As stated above, Rising S Company LLC is committed to 100% customer satisfaction and has made every possible effort to ensure that all customers have a positive experience while at their business. The money is better spent on land, supplies, transportation, or literally anything else. 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 recognized by Ripoff Report Verified as a safe business service. App.Austin 2018, pet. Walker , 606 S.W.3d 565, 570 (Tex. 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. Gen. Laws 960, 962 (amended 2019) (current version at TEX. The posting time indicated is Arizona local time. 27.005(d), TEX. 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. Is there a source or site that runs down all these accusations towards Rising S? CIV. 2018). 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. Yes, I did and that is a bold-face lie. All rights reserved. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. PRAC. 2020, no pet.). Ripoff Report | Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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. TEX. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. Freedom of Speech. In support of this argument, Atlas relies only on the version of Section 27.006(a) that went into effect on September 1, 2019, four months after Scott file this suit against Atlas. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. v. Tex. Good for the consumer though as they bring the shortcomings of the bunkers to light. See Epperson , 2016 WL 4253978, at *11. 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. If youre thinking about having a bunker built one thing is certain, and thats the importance of doing your research before you hire any company. Why Ripoff Report will not release author information! 27.001(1). R. CIV. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Be sure to contact us with your questions and comments about any business that is part of the Corporate Advocacy Business Remediation and Customer Satisfaction Program. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. Say we owe over $22,000.00 for the rest of their so called contract !!!!!! Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. 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. Gen. Laws 960, 961 (amended 2019) (current version at TEX. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. Rising S Bunkers. & REM. Rising S Company will of course always keep your information and location secure. Hubbard, however, had a different take on the situation. 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. See Act of May 24, 2013, 83rd Leg., R.S., ch. op.). Gen. Laws. CIV. Yes. Scott met its burden to prove the third Castleman element. 1998); Verburgt , 959 S.W.2d at 617. 27.003(a), TEX. Metro. Otherwise the member business is off the program. Because Atlas has not shown trial court error, we affirm the trial court's order denying Atlas's motion to dismiss. Scott's argument implicates the question of timeliness of Atlas's notice of appeal. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. CODE ANN. CODE ANN. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). & REM. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. 1988). 27.005(b), TEX. 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.). RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT " My name is Clyde Scott and I am the owner of Rising S Company. NO. PRAC. Press question mark to learn the rest of the keyboard shortcuts. CIV. Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. 36K views 1 year ago Atlas Survival Shelters gives potential buyers of underground bunkers an education in the way Atlas makes its shelters VS the way Rising S does theirs. I mean why not lol. 2018) (per curiam). Say we owe over $22,000.00 for the rest of their so called contract !!!!!! & REM. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. |. Security is what we do and we do it better than the rest. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." Insurance for tough times. Even though they manufacture the doors, when it leaks, its not a defect, according to them. denied). 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies Corporate Advocacy Program: How to repair your business reputation. 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. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. CIV. 286 following. ); Clewis v. Harris Cty., No. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. 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 that case, the whole website is a misprint. App.Houston [1st Dist.] First of all, the bunker was installed wrong. PRAC. P. 63. 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. 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. CIV. OQHOZQz o;D%;6MW- We conclude that Scott has shown that Atlas was acting in the capacity of seller of underground bunkers and bunker services when it published the videos, satisfying the second Castleman element. He claims these dissatisfied customers improperly installed their own bunker after purchasing it from him. CIV. 27.006(a). This is clearly the best option at this point, and its not surprising he would recommend this now that he believes consumers who are buying shelters are potentially in danger due to unethical business practices. The rules of civil procedure allow parties to amend pleadings within seven days of trial with leave of court, which is to be granted unless there is a showing of surprise to the opposite party. Luxury bunker builders and their teams know where everyones bunkers are located. 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. Of course, everything within reason. It also the first place to flood in case of a non water tight environment. 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. Did Rising S Bunkers really cause one of their customers to go to prison for three years, or are these baseless accusations that are part of a long-standing feud between owner Clyde Scott and his competitor Atlas Survival Shelters, which is owned by Ron Hubbard. & REM. *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. The website made it sound so safe and complete ("just add personal belongings". TEX. In re Lipsky , 460 S.W.3d 579, 589 (Tex. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. August 11, 2016, no pet.) P. 26.3. Gen. Laws 960, 962 (amended 2019) (current version at TEX. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. CODE ANN. 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