CODE ANN. A feud between two luxury bunker builders has brought up some disturbing points. CIV. Gen. Laws 960, 961 (amended 2019); Epperson v. Mueller , No. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. 27.010(a)(2), TEX. 2020, no pet.). The website made it sound so safe and complete ("just add personal belongings". A feud between two luxury bunker builders has brought up some disturbing points. 01-18-00781-CV, 2019 WL 1186695, at *3 (Tex. CIV. TEX. If theyre not trustworthy, who is to say they wont come to take what you have after TEOTWAWKI? Applicable Law. 27.006(a). Dorner , 959 S.W.2d 615, 616 (Tex. 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. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. 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. & REM. 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. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. 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. Finally, Atlas asserts that neither its actual or potential customers were the intended audience. R. APP. Hiding negative complaints is only a Band-Aid. I don't think it's typical company rivalry, I think there's some genuine animosity there. See Jones v . Rising S Steel Bunkers and Bomb Shelters are built from high quality plate steel and structural metals on the market today. 341, 2, 2011 Tex. CODE ANN. Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. 27.010, TEX. 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? 2019, pet. 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. |. One purpose of the videos was to warn the public about an inferior product that could harm the public, a matter of public concern under the TCPA. Luxury bunker builders and their teams know where everyones bunkers are located. 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. Dont click on those slick Ads! 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. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. A Texas-based doomsday bunker company Rising S Bunkers has seen a huge spike in sales since Russia declared war and invaded Ukraine last week Rising S Bunkers sells survival shelters. 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. CIV. We lead the industry in innovation and engineering underground shelters. R. APP. App.San Antonio 2019, no pet.). The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. 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. Id. 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! Russias Invasion of Ukraine: A Sign of Things to Come? When a business joins the Corporate Advocacy Program, Ripoff Report emails everyone from the past so the member business can make things right with them. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our Scott asserted that Atlas did not make reasonable efforts to verify its claims, knew the claims were false, or recklessly disregarded the truth when making the statements. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. That YouTube video that sparked your interest, has done nothing but promote both companies. & REM. 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. Rising S Company will of course always keep your information and location secure. denied) (per curiam) (mem. Rising S Company is willing to go beyond the call of good customer service and do what it takes to make things right with their customers. Justice Opinion delivered November 18, 2020. & REM. All business will get complaints. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. R. APP. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. 27.005(a), TEX. Our initial inquiry is always whether we have jurisdiction over an appeal. 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. See In re Panchakarla , 602 S.W.3d 536, 540 (Tex. & REM. 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. In four issues, Atlas contends the trial court erroneously denied its motion to dismiss. R. CIV. 27.001-.011 (West 2020). I think it's just run of the mill competition bashing. 27.008(a). 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". 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. 27.008(a), TEX. 27.005(d), TEX. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. P. 63. Scott and Atlas are competitors in the survival shelter industry. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. 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. 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. & REM. CODE ANN. 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. & REM. However, if the nonmovant satisfies its burden, the movant may still obtain a dismissal if it establishes each essential element of a valid defense to the nonmovant's claim. He avoids prison time by being a snitch. He believes Scott made up a story about him and ratted him out to the FBI because the government is using him to get information. Yes, when snow melts, it goes inside my NBC bunker door that is supposed to keep out Nuclear particles, Biological and Chemical agents, but not water. Therefore, the TCPA does not apply to this suit, and the trial court did not err in denying Atlas's motion to dismiss. 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. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. Feuds between two competing companies benefit the end consumer the overwhelming majority of the time and this is no exception. (mem. PRAC. 2,479 followers. Metro. If the trial court does not issue a timely ruling, the motion is considered to have been denied by operation of law and the moving party may appeal. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. 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. All rights reserved. Therefore, leave of court is presumed. 11. At the time this suit was filed, "a matter of public concern" was defined as an issue related to health or safety, environmental, economic, or community well-being, the government, a public official or public figure, or a good, product, or service in the marketplace. File your review. Press question mark to learn the rest of the keyboard shortcuts. Id. Welcome to the Rising S Company official YouTube channel. In its petition, Scott alleges it and Atlas are direct competitors. 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. Hawkins v. Fox Corp. How those businesses take care of those complaints is what separates good businesses from the rest. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 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. 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. Atlas complains that the second amended petition and affidavit were untimely. TEX. CODE ANN. The conclusion. 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. Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. CIV. The "Lady in Minnesota" video opens and ends with the Atlas logo. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. Ripoff Report REVIEW /Commitment to Customer Satisfaction, ALL COMPANIES GET COMPLAINTS, BUT HOW THE COMPANY HANDLES THOSE COMPLAINTS, SEPARATES GOOD BUSINESSES FROM THE REST, RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS, WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS, RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT, ANY BUSINESS THAT CAN ADMIT THEY MADE MISTAKES AND CORRECTS THOSE MISTAKES IS A BUSINESS YOU CAN TRUST AND WORTH DOING BUSINESS WITH, STATED IMPROVEMENTS FROM RISING S COMPANY. 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. 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. 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). 27.005(a)). In the summer of 2012, Prewit gave Scott $250K to build a bunker. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. The 37-year-old Scott said the bunker business historically is driven by politics. This court overruled Scott's motion and set the case for submission. City of Houston , 976 S.W.2d 676, 677 (Tex. PRAC. Rising S Company leads the industry in innovation and engineering underground shelters. Tell us has your experience with this business or person been good? CIV. 27.005(d)); Castleman , 546 S.W.3d at 691. However, they encased my underground bunker in concrete. Even if we assume without deciding that September 25 is the correct date, our analysis turns on the fact that Atlas filed its notice of appeal during the fifteen-day time period for extensions applicable to the September 25 denial. Why Ripoff Report will not release author information! The difference between Rising S Bunkers and other companies is passion. Your email address will not be published. The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. App.Austin July 31, 2020, no pet.) CODE ANN. App.Amarillo 2018, pet. An even better question, why do you care about drama between bunker companies? 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. 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. Rising S Company leads the industry in innovation and engineering underground shelters. Any publicity is good publicity. Otherwise the member business is off the program. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. 2007). Atlas also contends there is no nexus between the statements and a commercial transaction. 12-20-00054-CV (Tex. Lechin , No. Atlas vs the competitor: a side-by-side comparison. Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. Regarding the videos, their admission was within the trial court's discretion. Is there a source or site that runs down all these accusations towards Rising S? Attention seeking for marketing.. Another reason to make a YT video or FB post. Oct. 13, 2015, pet. Has your experience with this business or person been good? 27.001(3). FY9'=hEpyCrH|`Hb05Uyv:|@c!a=o"ccrL]J7`=P{ P:> !(LEB6dj6FWBtv\h/9tq?ta|P7Y6K0 Ripoff Report has an exclusive license to this report. 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. denied). 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. PRAC. 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. Rising S Company - Bunkers and Shelters Clyde Wayne Scott, Managing Partner Gary Lynch, Murchison Texas, ABOUT THE RIPOFF REPORT BELOW:Ripoff Report would like to let readers know that Ripoff Report emailed this customer, so the member business could make things right with them. P. 42.3(a). There is no statutory authority for this court to review the denial of Atlas's motion to strike. 21.001(3). App. & REM. Burying a steel box under the ground is just a dumb thing to do. REBUTTAL BOX 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." A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. Rising S Company recognized by Ripoff Report Verified as a safe business service. We overrule Atlas's fourth issue. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. 27.001(7)). Follow. & REM. & REM. 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. R. APP. 2020). v. Koseoglu , 233 S.W.3d 835, 840 (Tex. Who is ED Magedson - Founder, Ripoff Report. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. Millionaire Survivalists in Film Part 4. PRAC. 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. CIV. We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. 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. There are so many false claims, I don't know where to begin. Copyright 1997-2023, Ripoff Report. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. This is the best way to manage and repair your business reputation. Hiding negative complaints is only a Band-Aid. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. Walker , 606 S.W.3d 565, 570 (Tex. 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. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. There is nothing in the record explaining why the court did not rule sooner, though he advised the parties at the August 26 hearing he would try to rule on the motion by week's end. & REM. op. See Tex . During its construction, Scott observed Prewit firing and selling these weapons. 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. In the "Lady in Minnesota" video, Hubbard references, shows, and advertises Atlas's products and services in comparison to Scott's products and services. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. 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. 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