Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. Below is the information about rising s bunkers lawsuit . Walker , 606 S.W.3d 565, 570 (Tex. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our Rising S Blog Contact Us Home / Bomb Shelters | Pricing and Floor Plans / Bunker Options Bunker Options We Deliver And Install Anywhere In The World! I paid $45,000 up front for them to build my NBC (Nuclear, Biological, Chemical) underground bunker, including delivery and installation. Scott met its burden to prove the third Castleman element. 27.005(b), TEX. Russias Invasion of Ukraine: A Sign of Things to Come? Gen. Laws 960, 962 (amended 2019) (current version at 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. 2020, no pet.). 27.005(a)). Please realize Ripoff Report is chartering in new territory, working to make a change for both consumers and businesses alike. 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. Therefore, the TCPA does not apply to this suit, and the trial court did not err in denying Atlas's motion to dismiss. All rights reserved. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. 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. Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. Rising S Company is confident about their shelters craftsmanship and engineering, so you can be too. 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. Rising S Company has a website that is full of false advertising, false product and service claims and false warranties. Estimated amount consumers saved since 1997: $15,590,010,907. All business will get complaints. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. When I asked where my surveillence cameras were, they said it was a misprint, which is still there, and has never been corrected. App.San Antonio 2019, no pet.). READ: Foreign websites steal our content. CIV. Ignore that stupid shit. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. 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. 27.003(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). Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. CODE ANN. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 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. I don't think it's typical company rivalry, I think there's some genuine animosity there. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. at 27.008(b). Novosad v. LSG Vodka LLC , No. Insurance for tough times. Law360 (February 24, 2021, 4:57 PM EST) -- The family of one of three people killed in a propane gas-fueled explosion inside a Texas bunker sued the bunker maker and three other companies in. See Act of May 24, 2013, 83rd Leg., R.S., ch. Copyright 1997-2023 Ripoff Report. If you would like to see more Rip-off Reports on this company/individual, search here: Read more reports about Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. TEX. 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". 341, 2, 2011 Tex. On October 15, 2019, the court signed an order denying the motion to dismiss. See In re Panchakarla , 602 S.W.3d 536, 540 (Tex. Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. "Decretal" means the granting or denying of the remedy sought. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. CODE ANN. 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. op.). 27.005(b). Gen. Laws 960, 961 (amended 2019); Epperson v. Mueller , No. 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. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. 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. This is an accelerated interlocutory appeal brought pursuant to the Texas Citizens Participation Act (TCPA). 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 . The decretal portion of the order provides as follows: "IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that the Defendant's MOTION TO DISMISS is hereby DENIED." p2 CN3 7dgaQBBG )&?2P63T`"RBrT>W8~c:d (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: 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 . Gary Lynch, General Manager. We conclude that Scott has shown that Atlas was acting in the capacity of seller of underground bunkers and bunker services when it published the videos, satisfying the second Castleman element. 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. & REM. & REM. 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." Nothing to do with any drama. See Act of May 21, 2011, 82nd Leg., R.S., ch. & REM. 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. 27.006(a), TEX. When I demanded they honor their warranty, they told the BBB (Better business bureau) that their purchase contract voids the warranty, which is insane. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (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. & REM. Any publicity is good publicity. 1042, 2, Tex. PRAC. 2015). 2018) (per curiam). Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. The third video is allegedly in violation of the parties' Rule 11 agreement and is the basis of Scott's breach of contract claim. Read about 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. 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 that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). PRAC. & REM. 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. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. 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. Rising S refused to replace my rusted out NBC filtration system. 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. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. Rising S Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. Press J to jump to the feed. ; see also Martin v . Rising S Company leads the industry in innovation and engineering underground shelters. P. 47.1; Hieber , 591 S.W.3d at 213. Because the commercial speech exemption is dispositive of this case, we need not address whether Scott met its burden to prove a prima facie case. 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