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. Finally, Atlas asserts that neither its actual or potential customers were the intended audience. 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. Rising S Company - All Steel Bunkers and Bomb Shelters (903) 804-3774 sales@risingscompany.com Home Bunker Pricing Media 3D Camera Bunker Walk-throughs Bunker Videos Bunker and Shelter Photo Gallery Bunkers Our Floor Plans Bunkers and Bomb Shelters | Pricing and Floor Plans Economy Shelters Standard Shelters Silver Leaf Series P. 10.5(b)(1)(C). 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. Ripoff Report has an exclusive license to this report. If you have any questions, please dont hesitate to give us a call. TEOTWAWKI doesn't mean you can't still have it all. TEX. Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. 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.' Rising S Blog Contact Us Home / Bomb Shelters | Pricing and Floor Plans / Bunker Options Bunker Options We Deliver And Install Anywhere In The World! Rising S Company receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. He owns a company admittedly in competition with Scott. & REM. We conclude Atlas's videos are an exercise of the right of free speech. 2020). WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. Product/service. Id. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. & REM. Consumers want to see how a business took care of business. When I demanded they honor their warranty, they told the BBB (Better business bureau) that their purchase contract voids the warranty, which is insane. Reddit and its partners use cookies and similar technologies to provide you with a better experience. REBUTTAL BOX 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. It features two. CIV. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. & Loan Ass'n , 751 S.W.2d 487, 490 (Tex. 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. Who is ED Magedson - Founder, Ripoff Report. If you are fortunate enough to be able to afford such an awesome prep you know what you are going to need to improve after you get one. op.). PRAC. Act of May 21, 2011, 82nd Leg., R.S., ch. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Press question mark to learn the rest of the keyboard shortcuts. Therefore, it argues, the October 15 order is not void and if not void, the notice of appeal filed on October 22 is certainly timely. CIV. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Please contact us now if you would like to leave a customer review that we can put on our website. Rather, the decretal provisions of the judgment control. Follow. Who's crazy enough to start this website? First of all, the bunker was installed wrong. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. Has your experience with this business or person been good? Say we owe over $22,000.00 for the rest of their so called contract !!!!!! We agree the videos constitute a communication. Because the suit was filed before the effective date of that amendment, this case is governed by the statute as it existed before the amendment. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. filed). Tell us has your experience with this business or person been good? CIV. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. CODE ANN. We have some great clients and we love hearing from them. Rising S Company leads the industry in innovation and engineering underground shelters. All rights reserved. Has your experience with this business or person been good? Top of the line is the " Aristocrat " for. 27.010(a)(2). Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. 3) On their FAQ page here's what they state comes with a standard shelter they write: "bunk matresses, stove, water heater, all bed frames, interior walls/doors/hardware, all plumbing fixtures, sinks water filtrations, toilet, shower, shelving, solar charging system, battery/batteries, TV/DVD player, Surveillance cameras, LED lighting, all electrical, cabinets, sofa and dining table (when equipped), NBC air filtration plus many more items. Prewit ended up spending 33 months in federal prison. 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. App.Houston [1st Dist.] The posting time indicated is Arizona local time. I mean look out how reality tv is thriving lol. 21.001(3). We can verify, that Ripoff Report went to the business, verified their business or work from home business, there for, if a customer in the future does not get treated correctly, Ripoff Report can get the problem resolved. CIV. Atlas has not shown surprise. Is there a source or site that runs down all these accusations towards Rising S? R. APP. 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. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. 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. Your email address will not be published. App.Amarillo 2018, pet. Rising S Company leads the industry in innovation and engineering underground shelters. Hous., LLC , 606 S.W.3d 41, 45 (Tex. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." PRAC. Scott and Atlas are competitors in the survival shelter industry. See Montiel v . Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. 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. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. 2019, no pet.). In that case, the whole website is a misprint. It may not be copied without the written permission of Ripoff Report. if its so inferior. Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. 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. Intertwined with and overlying this multi-step dismissal process is the TCPA provision exempting certain actions from the TCPA's application. PRAC. Hanafin , 104 S.W.3d 884, 886 (Tex. The member business must err on the side of their customers. 1998); Verburgt , 959 S.W.2d at 617. CIV. 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). 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. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. 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. PRAC. CIV. Regarding the videos, their admission was within the trial court's discretion. As a storage facility or sitting out a tornado, they're probably fine. Burying a steel box under the ground is just a dumb thing to do. CODE ANN. CIV. See TEX. Dont click on those slick Ads! In the summer of 2012, Prewit gave Scott $250K to build a bunker. 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. Rising S Company recognized by Ripoff Report Verified as a safe business service. 27.005(a)). After speaking with the management at Rising S Company LLC and emailing anyone who filed a complaint in the past, Ripoff Report is proud to give Rising S Company LLC a positive Rating. Your email address will not be published. CIV. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. See Jones v . I wouldnt do business with the trash talker. 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. 27.008(a). qyS ekd 8e . CIV. CODE ANN. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. TEX. CIV. 19-00111). Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. If the defendant meets this burden, then the burden shifts to the plaintiff-nonmovant to establish by clear and specific evidence a prima facie case for each essential element of the claim in question. All rights reserved. CIV. Profanchik , 578 S.W.3d 676, 681 n.2 (Tex. R. APP. 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. Scott's argument implicates the question of timeliness of Atlas's notice of appeal. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. 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! See Act of May 21, 2011, 82nd Leg., R.S., ch. The evidence shows that Atlas and Scott are competitors in the same industry. Any publicity is good publicity. I would like to thank you for taking the time to review Rising S Company. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. See Act of May 17, 2019, 86th Leg., R.S., ch. I wonder what Matt is alluding to when he talks about problems with Ron. 341, 2, 2011 Tex. 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. Because it did not, the argument continues, the motion was overruled by operation of law on September 25, and any order entered after that date is void. Atlas complains that the second amended petition and affidavit were untimely. Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. On October 15, 2019, the court signed an order denying the motion to dismiss. 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. 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. See TEX. 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." Tell us has your experience with this business or person been good? 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. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. In its brief, Scott asserts that the trial court lacked authority to issue its October 15 order, and therefore that order is void and unappealable. It's a lot of money for a product no one is supposed to see, and no one really wants a reason to use. Id. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. See Hone v . P. 26.3. Atlas claims 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. Offering 100% lifetime welds and craftsmanship warranty. 2018). One thing I appreciate about the Atlas videos is that they accurately demonstrate the truth about bunkers: They're a great way to take a very large sum of money and flush it down the toilet. PRAC. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS. Yes, Atlas is THE place to go. 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 . See Tex . Yes, I did and that is a bold-face lie. The difference between Rising S Bunkers and other companies is passion. 2018) (per curiam). Any issues you think you cannot resolve with any member of Ripoff Report's Corporate Advocacy Program, please contact us at EDitor@ripoffreport.com.Remember, just because a company or individual is reported on Ripoff Report does not mean you should not do business with them. Sys. Ripoff Report sends a 3rd party service to do an onsite inspection of the new member business. (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: & REM. A & M Univ. 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. See TEX. While this is clearly proof that Scott has committed crimes in the past, it is not clear if Prewit has any clear evidence that he is the informant that led to his arrest. CODE ANN. Rising S bunkers range from $40,000 to well over $8 million. The 37-year-old Scott said the bunker business historically is driven by politics. See Act of May 21, 2011, 82nd Leg., R.S., ch. Air Control Bd., 852 S.W.2d 440, 443 (Tex. 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. Sols., Ltd., 556 S.W.3d 865, 887 (Tex. CODE ANN. The exemption at issue here, the commercial speech exemption, provides that the TCPA, and its dismissal provisions, does not apply to a legal action brought against a person primarily engaged in the business of selling or leasing goods or services, if the statement or conduct arises out of the sale or lease of goods, services, or an insurance product, insurance services, or a commercial transaction in which the intended audience is an actual or potential buyer or customer. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. CODE ANN. Nov. 18, 2020). (citing Tex. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). Metro. I'm completely out of the loop here. Estimated amount consumers saved since 1997: $15,590,010,907. We overrule Atlas's first issue. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. 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. 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. 341, 2, 2011 Tex. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Security is what we do and we do it better than the rest. PRAC. Please realize Ripoff Report is chartering in new territory, working to make a change for both consumers and businesses alike. A team from the Rising S company installs a bunker. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Rising S Company installer chose the site, cleared off two feet of grade from the topsoil ( I have an expert report confirming that fact), dug the hole too deep and had to use more concrete to cover it, (which they tried to make me pay for), then they pushed all the excavated dirt to one side and made a "hill" where all the rain water runs over the top door of my underground bunker and the door leaks (also confirmed by an expert). CIV. CIV. Walker , 606 S.W.3d 565, 570 (Tex. When I complained, they told me it was my fault for not correcting the bad installation. & REM. 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. CIV. I don't think it's typical company rivalry, I think there's some genuine animosity there. 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. 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. Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. Corporate Advocacy Business Remediation and Customer Satisfaction Program. We overrule Atlas's second issue. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. More than 21,000 viewers watched "Texas Man," and more than 47,000 individuals watched "Lady in Minnesota." 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. CODE ANN. ; see also Martin v . 27.005(b)); Castleman v. Internet Money Ltd., 546 S.W.3d 684, 691 (Tex. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. 27.010; Morrison , 578 S.W.3d at 680. PRAC. 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. 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. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. You can see the shocking Atlas Bunkers video here. CIV. R. APP. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. CIV. 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. 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. The supreme court has determined that this exemption applies when the nonmovant proves each of the following elements: Regarding the second element, we review the context of the statements to determine whether the challenged statements propose a commercial transaction, as they would if made in the capacity as a seller. On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. PRAC. CIV. 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. 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. Make your practice more effective and efficient with Casetexts legal research suite. CIV. CODE ANN. 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. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. OQHOZQz o;D%;6MW- Scott met its burden to show the commercial speech exemption applies. Therefore, Atlas's Rule 166a arguments are inapplicable. Miami Florida, Old Town Atelier Dan Kolar Alexandra Kolar Press and Ink Scamming and Blocking Paying Customers Temecula California, Full Service Network Jason Soltis, David Schwencke (CEO) They could not provide phone services needed, had to change providers after working with them for months to fix things. I think it's just run of the mill competition bashing. 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. We are always engineering new and exciting products to meet the standards of all of our customers. 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. 14-15-00424-CV, 2015 WL 5935825, at *1 (Tex. 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. App.Austin 2019, no pet.). CIV. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. 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. TEX. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. Is it possible that some of them could be underhanded enough that they are secretly building your shelters for their own future use and planning to use your supplies, all while making money off of you for the privilege? The third Castleman element examines whether "the statement or conduct at issue arose out of a commercial transaction involving the kind of goods or services the defendant provides." Rising S Company leads the industry in innovation and engineering underground shelters. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Castleman , 546 S.W.3d at 691. We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. PRAC. Is Clyde Scott a bully? 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. at 27.008(b). PRAC. 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. PRAC. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Rising S Company is dedicated to customer satisfaction and technology. He describes this decision as fighting back against a bully and punching him in the mouth. He then went on to describe Rising Ss business model as being based on ruining their competitors. , J chartering in new territory, working to make a change for both consumers businesses. Relate to the quality of plaintiff 's goods ) plaintiff 's goods.! New and exciting products to meet the standards of all, the court signed an order denying the to. 1997: $ 15,590,010,907 our other competitors exercise of the loop here - Status... Bunkers video here please realize Ripoff Report has an exclusive license to this Report, ( 3 ;! And more than 47,000 individuals watched `` Lady in Minnesota. for not correcting the installation... Press question mark to learn the rest of their customers 1997: $ 15,590,010,907 fault for correcting! From Atlas a positive rating for their commitment to Ripoff Report Verified as a safe business.... On to describe rising Ss business model as being based on ruining their rising... 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