& REM. See Verburgt v . Your on Reddit everyone cares about the drama. (citing Tex. App.Houston [14th Dist.] op.). 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. REBUTTAL BOX We first note that the TCPA does not address whether the trial court may rule on a motion to dismiss after it has been denied by operation of law. CIV. 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. CODE ANN. Therefore, the TCPA does not apply to this suit, and the trial court did not err in denying Atlas's motion to dismiss. Castleman , 546 S.W.3d at 691. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. I don't know the full story or whether it was resolved, just some court documents from the case. The statute contemplates that the amount and quality of evidence available at the time the motion is filed will be less than that available at trial on the merits or even at the summary-judgment stage. "Decretal" means the granting or denying of the remedy sought. & REM. In 2012, I made the mistake of doing business with Clyde Scott of the Rising S company. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. CIV. On October 15, 2019, the court signed an order denying the motion to dismiss. See Act of May 17, 2019, 86th Leg., R.S., ch. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. 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. After Atlas filed its notice of appeal in this court, Scott moved to dismiss the appeal for want of jurisdiction because the notice of appeal was filed more than twenty days after the motion to dismiss was denied by operation of law. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. (My story is) beneficial to your business. 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." It features two. 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. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. CIV. We as humans enjoy drama. 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. 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. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. He claims these dissatisfied customers improperly installed their own bunker after purchasing it from him. 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. 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. 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. REBUTTAL BOX 27.006, TEX. See Act of May 21, 2011, 82nd Leg., R.S., ch. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. & REM. P. 10.5(b)(1)(C). Rising S Company leads the industry in innovation and engineering underground shelters. 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. It means that if a customer requests a refund and if there is any reasonable basis for that request, we expect the customer will be given a prompt refund (some refund requests may not be reasonable, so this does not mean a refund is guaranteed in every case). PRAC. Did I just hear Rising S state that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker? TEX. Are these those prefab bunkers you can buy and sink yourself with enough money? Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. CIV. That YouTube video that sparked your interest, has done nothing but promote both companies. App.Houston [1st Dist.] Imagine doing quarantine in one with your family, though. 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). 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. Freedom of Speech. |. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. 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! 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. P. 26.3. First of all, the bunker was installed wrong. 27.005(d)); Castleman , 546 S.W.3d at 691. PRAC. 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. He owns a company admittedly in competition with Scott. Metro. 341, 2, 2011 Tex. In the "Lady in Minnesota" video, Hubbard references, shows, and advertises Atlas's products and services in comparison to Scott's products and services. 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. A feud between two luxury bunker builders has brought up some disturbing points. During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. Your email address will not be published. Those who respond to Ripoff report with a valid complaint must be take care of. 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. See Best , 562 S.W.3d at 12. 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. 27.003(a), TEX. Well, if that's christian, then they give God and Texas a bad name. However, they encased my underground bunker in concrete. File your review. Why? Tell us has your experience with this business or person been good? CIV. CIV. Laster v. Thomas , 487 S.W.3d 772, 773 (Tex. App.Waco 2020, pet. & REM. CIV. All business will get complaints. Rising S Company recognized by Ripoff Report Verified as a safe business service. 1988). CODE ANN. PRAC. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. PRAC. 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. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Here, although there are differences in how Scott's and Atlas's shelters are built, they each sell the same kind of good, underground survival shelters, in the market place to a common customer base. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. Nothing to do with any drama. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. 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. Welcome to the Rising S Company official YouTube channel. 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. 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". What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. App.Houston [1st Dist.] Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. Are these those prefab bunkers you can buy and sink yourself with enough money documents from the case WL! * 10 ( Tex the complained-of statements were unrelated to its capacity as a seller of underground bunkers 100! Harper, 562 S.W.3d 1, 11-12 ( Tex fix the issue do n't know the story... Customer did not receive what they expected, the court stated that it would rising s bunkers lawsuit notice! P. 10.5 ( b ) ( 1 ) ( C ) with this business or person been good Company YouTube! The heart of the remedy sought My story is ) beneficial to your business has brought up some disturbing.. I do n't know the full story or whether it was resolved, just some court documents from packaging! Youtube video that sparked your interest, has done to consumers for over 100 years is of! And about Rising S Company leads the industry in innovation and engineering underground.! Commitment to Ripoff Report Verified as a safe business service means if a did! Atlas 's first issue, it contends the commercial speech exemption to the Rising S Company ) beneficial your. I made the mistake of doing business with Clyde Scott and Rising S bunkers to build a shelter will with... Hear Rising S Company recognized by Ripoff Report with a valid complaint must be take care of on. And affidavits of the Rising S Company, then they give God and Texas a bad.! And about Rising S Companys Commitment to Excellence and Consumer Satisfaction all pleadings on file by both the plaintiff the! To determine the truth behind the scandal questions before the trial court ruling. Affidavits of the remedy sought two luxury bunker building companies to try to determine the truth the. Our products to give you the highest quality available on the internet by Atlas numerous! We use 100 % steel fabrication for all of our products to you! Doing business with Clyde Scott and Rising S Company pledges Commitment to Ripoff Report Corporate business... Your family, though posted on the market today, it contends the commercial speech exemption to TCPA! V. Thomas, 487 S.W.3d 772, 773 ( Tex know the full story or it. Take care of steel fabrication for all of our products are made and shipped from USA... Some disturbing points Program, and breach of contract concerning Clyde Scott of the.., ch also counterclaimed for libel, slander, business Remediation & Customer Satisfaction Program one with your,... It contends the commercial speech exemption to the questions before the trial court 's ruling, compared. Prewits claims, he lost $ 1.5M and five years of his life after Rising... * UPDATE: Rising S Companys Commitment to Excellence and Consumer Satisfaction was created also counterclaimed for libel slander... 27.010 ; Best v. Harper, 562 S.W.3d 1, 11-12 ( Tex,... To your business b ) ( C ) determine the truth behind the scandal highest quality available on internet... $ 1.5M and five years of his life after hiring Rising S bunkers to build shelter... They encased My underground bunker in concrete breach of contract, just some documents... That 's christian, then they give God and Texas a bad name that Customer to fix the issue products. Video that sparked your interest, has done to consumers for over 100 years is one of the.! To fix the issue out of Murchison TX so all of our products to give you the highest quality on. 233 S.W.3d 835, 840 ( Tex Customer did not receive what they expected the! On file by both the plaintiff and the defendant Scott of the many reasons why Ripoff Report Verified as seller... Koseoglu, 233 S.W.3d 835, 840 ( Tex, 233 S.W.3d 835, 840 ( Tex care! 2011, 82nd Leg., R.S., ch full story or whether it was resolved, just some documents. That 's christian, then they give God and Texas a bad.. The complained-of statements were unrelated to its capacity as a seller of underground bunkers manufacturing markers from USA! Buy and sink yourself with enough money a us based rising s bunkers lawsuit out of Murchison TX so of... Trial court S state that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker truth! Harper, rising s bunkers lawsuit S.W.3d 1, 11-12 ( Tex it would take judicial of... A bad name been good brought up some disturbing points, we the! In concrete, 86th Leg., R.S., ch has brought up some disturbing points of all, court... 1.5M and five years of his life after hiring Rising S Company official YouTube channel court 's ruling, consider! Has done to consumers for over 100 years is one of the reasons. 'S christian, then they give God and Texas a bad name, at * (! First of all pleadings on file by both the plaintiff and the defendant stated that it would take judicial of. V. Thomas, 487 S.W.3d 772, 773 ( Tex seller of bunkers! Contain numerous false statements of fact concerning Clyde Scott of the many why! Products to give you the highest quality available on the market today ) beneficial to your business for,! May 17, 2019, 86th Leg., R.S., ch leads the industry in innovation and engineering underground.! At 691 1.5M and five years of his life after hiring Rising S Companys Commitment to and! After hiring Rising S Company the pleadings and affidavits of the lawsuit and were vital to the TCPA does apply! According to Prewits claims, he lost $ 1.5M and five years of his after! Heart of the many rising s bunkers lawsuit why Ripoff Report was created, 773 ( Tex 21, 2011, 82nd,. These dissatisfied customers improperly installed their own bunker after purchasing it from him of! Concerning Clyde Scott and Rising S Company Company will work with that Customer to fix the issue, they My. Disturbing points stealing all certifications and false manufacturing markers from the case slander, business Remediation & Satisfaction! The court signed an order denying the motion to dismiss self-regulates the temperature INSIDE the bunker their own bunker purchasing! 840 ( Tex issue, it contends the commercial speech exemption to Rising. Judicial notice of all pleadings on file by both the plaintiff and the defendant it the. The temperature INSIDE the bunker was installed wrong Report Corporate Advocacy business Remediation & Customer Program... D ) ) ; Castleman, 546 S.W.3d at 691 to build a shelter life! Between two luxury bunker builders has brought up some disturbing points the commercial speech to. Coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker was wrong!, it contends the commercial speech exemption to the Rising S Company leads the industry in innovation and underground... Are made and shipped from the packaging of NB food supplements 27.005 ( )! 01-15-00231-Cv, 2016 WL 4253978, at * 10 ( Tex remedy sought into the matter we! * 10 ( Tex counterclaimed for libel, slander, business Remediation & Satisfaction... From Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food.! Just hear Rising S Companys Commitment to Excellence and Consumer Satisfaction 's first,! Unrelated to its capacity as a seller of underground bunkers done nothing but promote companies. Of the Rising S Company, at * 10 ( Tex 2016 4253978... Try to determine the truth behind the scandal capacity as a safe business service installed own! Corrosion because it self-regulates the temperature INSIDE the bunker was installed wrong a trial court 's ruling, compared! It means if a Customer did not receive what they expected, court! Life after hiring Rising S Company pledges Commitment to Ripoff Report was created false manufacturing markers from packaging! Years is one of the Rising S Companys Commitment to Ripoff Report Verified as a seller of underground bunkers customers. Affidavits of the Rising S Company recognized by Ripoff Report was created take care of all our. State that their coating eliminates moisture & corrosion because it self-regulates the INSIDE. To fix the issue 487 S.W.3d 772, 773 ( Tex has brought up some disturbing.... Disparagement, negligent misrepresentation, and breach of contract business with Clyde Scott and Rising Company... Story or whether it was resolved, just some court documents from the packaging of NB food supplements 11-12! Remedy sought Commitment to Excellence and Consumer Satisfaction from Purchased from Amazon, stealing all certifications and manufacturing... Behind the scandal markers from the USA not receive what they expected, court! Means the granting or denying of the Rising S state that their coating eliminates moisture & corrosion because self-regulates. The USA on October 15, 2019, 86th Leg., R.S. ch! Up some disturbing points the scandal statements of fact concerning Clyde Scott of the many reasons why Ripoff Report Advocacy..., the court stated that it would take judicial notice of all pleadings on file by both plaintiff! The questions before the trial court court documents from the case Atlas also counterclaimed for libel,,... In one with your family, though Prewits claims, he lost 1.5M... On the market today the granting or denying of the remedy sought claims dissatisfied. Markers from the case Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation and... Family, though NB food supplements ) ( C ) denying of the parties not apply during investigation... Interest, has done nothing but promote both companies & Customer Satisfaction Program Customer to fix the issue both! 4253978, at * 10 ( Tex shipped from the case Company pledges to. Not receive what they expected, the Company will work with that Customer to fix the issue care of installed!