Atlas complains that the second amended petition and affidavit were untimely. 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. Rising S Company leads the industry in innovation and engineering underground shelters. 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 . PRAC. We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. 341, 2, 2011 Tex. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. qyS ekd 8e . Americas largest bunker manufacturer. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. 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. CODE ANN. Here, the record does not show whether Scott obtained leave of court. CODE ANN. By encouraging viewers to compare products offered by the two companies, Hubbard not only reviewed Scott's products but, simultaneously offered up Atlas's products as the superior alternative. 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. How those businesses take care of those complaints is what separates good businesses from the rest. We overrule Atlas's third issue. PRAC. Of course, everything within reason. CODE ANN. 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. One consumer claimed to have lost $100,000 after a faulty shelter flooded. & REM. Rising S Company is dedicated to customer satisfaction and technology. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! Rather, Atlas asserts, the videos sought to shed light on business practices that could endanger the public, establish the credibility of Atlas as an expert in the field, show the proper means to construct bunkers, and serve as a demonstration of how a subterranean survival shelter should operate. & REM. 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 Review below should be ignored.NOW TO THE ORIGINAL REPORT THAT WAS FILED---------------------------------------------------------------------. 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. Castleman , 546 S.W.3d at 691. strict standards for business conduct. It also explains that, because the videos involved Scott's prior customers discussing Scott's products, the statements do not arise from a commercial transaction involving goods Atlas provided. Id. Ripoff Report has an exclusive license to this report. 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. Dont click on those slick Ads! Yes, Atlas is THE place to go. Neither the TCPA nor Castleman requires the commercial transaction referenced in the third element be one conducted by the defendant, only that it involve the kinds of goods or services the defendant provides. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. App.Houston [1st Dist.] The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. & REM. & REM. You can see the shocking Atlas Bunkers video here. 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. Estimated amount consumers saved since 1997: $15,590,010,907. 27.006(a), TEX. 1993)). Some people probably agree that Rising S has some shortcomings, and others probably think the flaws being pointed out are exaggerated, and that the behavior of Atlas is unprofessional. 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. See TEX. Press question mark to learn the rest of the keyboard shortcuts. & REM. The TCPA further provides that the appellate court shall expedite an appeal from a trial court order on a motion to dismiss under Section 27.003 or from a trial court's failure to rule on that motion in the time prescribed by Section 27.005. CODE ANN. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. yBhbL #UggKS:^k&D "uRtq A4z?[ p tseC|#ZE'0:km@P Yes, its a long name for a program that does a lot for both consumers and businesses alike. 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. Id. 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. App.Houston [14th Dist.] A & M Univ. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Create an account to follow your favorite communities and start taking part in conversations. CIV. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. CIV. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. CIV. op. Rising S Company will of course always keep your information and location secure. 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. 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. First of all, the bunker was installed wrong. The conclusion. App. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. 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. (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: Ripoff Report always monitors these emails to insure the member business does what they agreed to. Gary Lynch, General Manager. 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 website made it sound so safe and complete ("just add personal belongings". 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". Ass'n of Bus. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. 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. PRAC. 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. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. Business Profile Rising S Company, LLC Fallout Shelter Equipment and Supplies Contact Information 9350 State Highway 31 E Murchison, TX 75778-3456 Visit Website (903) 804-3774 Want a quote from. 11. Copyright 1997-2023, Ripoff Report. See TEX. 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). All rights reserved. Britt , 241 S.W.3d 672, 676 (Tex. 27.005(c), TEX. See Round Table Physicians Group , PLLC v. Kilgore , 607 S.W.3d 878, 883 (Tex. Copyright 1997-2023 Ripoff Report. Consumers love to do business with someone that can admit mistakes and state how they made improvements. 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. 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." The posting time indicated is Arizona local time. Sys. He owns a company admittedly in competition with Scott. Well, if that's christian, then they give God and Texas a bad name. This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. PRAC. See TEX. Atlas answered and moved to dismiss the suit pursuant to the TCPA. 27.005(d), 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. 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. In its petition, Scott alleges it and Atlas are direct competitors. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS. 2007). 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). Luxury bunker builders and their teams know where everyones bunkers are located. They have made a commitment that if anyone contacts Ripoff Report in the future, they will make things right within 14 days. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. App.Austin 2018, pet. 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. Rising S Bunkers. 2020). op.). See TEX. Rising S bunkers range from $40,000 to well over $8 million. "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. REBUTTAL BOX Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. 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." See Epperson , 2016 WL 4253978, at *11. The 37-year-old Scott said the bunker business historically is driven by politics. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. See Act of May 21, 2011, 82nd Leg., R.S., ch. 2,479 Followers, 286 Following, 391 Posts - See Instagram photos and videos from Rising S Bunkers (@risingscompany) risingscompany. In its petition, Scott alleged that Atlas used the videos to advertise its products and, because they are direct competitors, the audience of the videos is comprised of Scott's potential clients. 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. Again, to err on the side of their customer, those from the past and those in the future. Dorner , 959 S.W.2d 615, 616 (Tex. 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. 1997). filed). CODE ANN. See Hone v . Ripoff Report has determined that Rising S Company meets Ripoff Report Verified standards which include a commitment to make a good faith effort to resolve any consumer complaints. I wouldnt do business with the trash talker. 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