One of the larger Rising S bunkers is buried for a client. R. CIV. 2019, no pet.). R. APP. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. Excuse me, I believe rain and snow is "weather" last time I checked. CODE ANN. STATED IMPROVEMENTS FROM RISING S COMPANY Theyre new policy is to always contact all customers to gather valuable feedback so that they can continue to adapt and deliver the best customer service possible. The videos described commercial transactions in which two different customers purchased an underground bunker from Scott. This is the best way to manage and repair your business reputation. 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. Hubbard posted a third video on June 23, 2019, after Scott filed this suit, entitled "World Expert Visits a Badly Engineered $500,000 Bomb Shelter," in which Hubbard allegedly referred to Scott disparagingly. In appeals from a Section 27.003 motion to dismiss, where there is no order rendered within the thirty-day time period, courts have determined that the twenty-day timeframe to file the notice of appeal begins when the motion is denied by operation of law. R. APP. See TEX. Advertisers above have met our 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. We overrule Atlas's second issue. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. The people at Rising S Company did just that. 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. Its the equivalent of Ferrari and Lamborghini yelling at each other over having shitty seats, then proves to the world that they are shitty by finding examples of where they were shitty and making videos about it. See Act of May 21, 2011, 82nd Leg., R.S., ch. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 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. Yup I follow atlas though and never have questioned the rivalry. In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). 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. Walker , 606 S.W.3d 565, 570 (Tex. Intertwined with and overlying this multi-step dismissal process is the TCPA provision exempting certain actions from the TCPA's application. See Act of May 21, 2011, 82nd Leg., R.S., ch. Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. 21.001(3), TEX. During its construction, Scott observed Prewit firing and selling these weapons. 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. 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. 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. & REM. It's almost like guerrilla marketing for both parties though because I would have never heard of the other. op.) If you would like to what I have to say, please give me a call. CODE ANN. 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. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Engineering the highest quality underground steel bunkers, storm shelters and safe rooms . App.Houston [14th Dist.] Insurance for tough times. 341, 2, 2011 Tex. ; see also Martin v . We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. 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. Scott met its burden to show the commercial speech exemption applies. 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.". The author of the Ripoff Report below never responded to our offer to help them. Celebrity Skin Cream wrinkle cream rip-off advertisements US Based and Foreign companies bilked consumers out of Hundreds of Millions of dollars over the past 7 years. I'm completely out of the loop here. Rising S Company leads the industry in innovation and engineering underground shelters. This kind of dedication to customer service means that Rising S Company LLC will do whatever it takes to make sure their customers are properly taken care of. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. It may not be copied without the written permission of Ripoff Report. Gen. Laws 960, 961 (amended 2019) (current version at TEX. Therefore, Atlas's Rule 166a arguments are inapplicable. 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 agree the videos constitute a communication. 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. File your review. op.). 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. PRAC. The conclusion. 341, 2, 2011 Tex. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. PRAC. 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. 11. 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. App.Houston [14th Dist.] 2017); Hieber , 591 S.W.3d at 211. 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. 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. It is therefore ORDERED, ADJUDGED and DECREED that the order of the court below be in all things affirmed, and that all costs of this appeal are hereby adjudged against the appellant, ATLAS SURVIVAL SHELTERS, LLC, for which execution may issue, and that this decision be certified to the court below for observance. 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. 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). CIV. 27.010(a)(2), TEX. 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. 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. 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. Make your practice more effective and efficient with Casetexts legal research suite. 27.010; Morrison , 578 S.W.3d at 680. You can see the shocking Atlas Bunkers video here. 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. 27.003(a), TEX. App.Houston [1st Dist.] See Round Table Physicians Group , PLLC v. Kilgore , 607 S.W.3d 878, 883 (Tex. 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. Gen. Laws 960, 962 (amended 2019) (current version at TEX. 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! 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. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. & REM. We conclude that Scott's claims for libel, business disparagement, and breach of contract are based on, related to, or were in response to Atlas's exercise of its right of free speech. See Act of May 21, 2011, 82nd Leg., R.S., ch. 27.001(7)). See TEX. In 2012, I made the mistake of doing business with Clyde Scott of the Rising S company. & REM. 27.005(b)); Castleman v. Internet Money Ltd., 546 S.W.3d 684, 691 (Tex. & REM. v. L.W. Is Clyde Scott a bully? Your email address will not be published. Good for the consumer though as they bring the shortcomings of the bunkers to light. 1988). Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. 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, 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. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. 27.010, TEX. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." 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. CODE ANN. 27.005(b), TEX. PRAC. 27.005(a)). CIV. Click Here to read other Ripoff Reports on Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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. PRAC. PRAC. During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. CODE ANN. CODE ANN. With a 100% Lifetime welds and craftmanship warranty. 27.001(3), TEX. Here, the record does not show whether Scott obtained leave of court. When I demanded they honor their warranty, they told the BBB (Better business bureau) that their purchase contract voids the warranty, which is insane. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Atlas Survival Shelters, LLC v. Clyde Scott and Rising S Company, LLC Appeal from 294th District Cou. CODE ANN. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: (My story is) beneficial to your business. Metro. Welcome to the Rising S Company official YouTube channel. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. Ripoff Report always monitors these emails to insure the member business does what they agreed to. 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. THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this Court that there was no error in the trial court's order. & REM. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Id. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. Your email address will not be published. Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. PRAC. We enjoy it. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. This program works. I'm guessing because I don't have a dog. The TCPA endorses a summary process, requiring judicial review of the pleadings and limited evidence. op. 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 Hous., LLC , 606 S.W.3d 41, 45 (Tex. When I asked where my surveillence cameras were, they said it was a misprint, which is still there, and has never been corrected. Ass'n of Bus. Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. 2020). Yes. App.Austin 2018, pet. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. R. APP. 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. It may not be copied without the written permission of Ripoff Report. I lost $250K and received 33 months in federal prison. We as humans enjoy drama. We provide the highest quality shelters and bunkers to customers from all over the world. Consumers love to do business with someone that can admit mistakes and state how they made improvements. 2,479 followers. Scott's argument implicates the question of timeliness of Atlas's notice of appeal. Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. I paid $45,000 up front for them to build my NBC (Nuclear, Biological, Chemical) underground bunker, including delivery and installation. CIV. 341, 2, 2011 Tex. Novosad v. LSG Vodka LLC , No. Ron visits a 3-year-old Rising S bunker that costs around $500,000. R. APP. PRAC. Rising S Company leads the industry in innovation and engineering underground shelters. 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. (mem. Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. 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." Has your experience with this business or person been good? See Act of May 24, 2013, 83rd Leg., R.S., ch. 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. All rights reserved. Finally Atlas ha. 27.005(a), TEX. 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. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our First of all, the bunker was installed wrong. CIV. Required fields are marked *. 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. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. Use Ripoff Report information as a tool to your advantage. Consumers can feel safe confident and secure when doing business with Rising S Company. 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. 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.). 27.008(a), TEX. CIV. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." The contract has a paragraph written after the signature, that is not included in the contract, which states in part, that the customer is responsible for "maintenance". This element can be restated as asking whether the statement or conduct at issue arose from the sale of services that the defendant provides. After the hearing on the market today I & # x27 ; m completely out of the reasons. 591 S.W.3d 208, 211 ( Tex costs around $ 500,000 I have... 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