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Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. & REM. CIV. Lechin , No. It also explains that, because the videos involved Scott's prior customers discussing Scott's products, the statements do not arise from a commercial transaction involving goods Atlas provided. CODE ANN. All rights reserved. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. & REM. Rising S Company sells underground doomsday bunkers at every price point. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. App.Waco 2020, pet. & 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. 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. See Brown Sims P .C. CIV. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. 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. I would like to thank you for taking the time to review Rising S Company. In the "Lady in Minnesota" video, Hubbard references, shows, and advertises Atlas's products and services in comparison to Scott's products and services. We agree the videos constitute a communication. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. App.Houston [1st Dist.] Your confidentiality and safety is our greatest concern. All business will get complaints. Courtesy of the Rising S Company 'Watch it all burn' Interest around underground bunkers for the wealthy and the prepared tends to soar in times . 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. denied) (per curiam) (mem. CODE ANN. There is no statutory authority for this court to review the denial of Atlas's motion to strike. CODE ANN. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. It's almost like guerrilla marketing for both parties though because I would have never heard of the other. Hubbard, however, had a different take on the situation. He owns a company admittedly in competition with Scott. 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. 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. 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. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. 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. 341, 2, 2011 Tex. All rights reserved. Copyright 1997-2023, Ripoff Report. P. 47.1; Hieber , 591 S.W.3d at 213. If you have any questions, please dont hesitate to give us a call. See Act of May 21, 2011, 82nd Leg., R.S., ch. 27.006(a). While Section 27.005(a) requires a timely ruling on a motion to dismiss, it says nothing about a trial court's plenary power outside the statute's thirty-day deadline. Insurance for tough times. 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. But they want to warn you about all the very bad bunker and shelter companies out there, so much so, they dedicated an entire page titled "Know the Truth" telling consumers why all their competitors products are "inferior" and they have "bad ideas" and beware of these "fly by nights" so you can trust Rising S company Right? They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. It features two. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. PRAC. I paid $45,000 up front for them to build my NBC (Nuclear, Biological, Chemical) underground bunker, including delivery and installation. 27.005(b), TEX. See Verburgt v . This court overruled Scott's motion and set the case for submission. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. 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." CODE ANN. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. Laster v. Thomas , 487 S.W.3d 772, 773 (Tex. 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies It looks like a really expensive coffin to me. It's an interesting idea but aren't there also questions about long term feasibility with them? PRAC. 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. 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. They also told the BBB that their doors are "weatherproof" not "waterproof". Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. Atlas filed its notice of appeal on October 22, 2019. CIV. Gen. Laws 960, 962 (amended 2019). CIV. 27.001(1). TEX. See id . 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. 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. It may not be copied without the written permission of Ripoff Report. Hubbard is not just an "expert" in his field purportedly warning the public of a dangerous individual who sells inferior products. 2019, pet. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. 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. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. Applicable Law. CIV. *Any consumer not receiving satisfaction from a member of Ripoff Report's Corporate Advocacy Business Remediation and Customer Satisfaction Program should email us at EDitor@ripoffreport.com. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). 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. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. denied). Sys. 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. & REM. visit us at https://risingsbunkers.com to see why our team is the best in the world." 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. CIV. CODE ANN. v. Tex. 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). 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. ); Clewis v. Harris Cty., No. REBUTTAL BOX App.San Antonio 2019, no pet.). See Hawkins , 606 S.W.3d at 47. Corporate Advocacy Program: How to repair your business reputation. Gen. Laws 960, 961-62 (amended 2019); TEX. On any party's motion, an appellate court may dismiss the appeal if it is subject to dismissal for want of jurisdiction. An old texas man calls Atlas Survival to come out and replace his Rising S air system, fix his escape tunnel and add a AR500 to his hatches. During its construction, Scott observed Prewit firing and selling these weapons. Id . See Act of May 21, 2011, 82nd Leg., R.S., ch. I suspect Ron at Atlas genuinely believes Rising S is a subpar product and is going after them for what he considers legitimate faults on their shelter design rather than it being a matter of marketing, although I can't say for sure. 27.005(a), TEX. I'm completely out of the loop here. This is the best way to manage and repair your business reputation. 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. How those businesses take care of those complaints is what separates good businesses from the rest. 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. 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. Gen. Laws 960, 962 (amended 2019) (current version at TEX. App.Houston [14th Dist.] 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." In its fourth issue, Atlas contends the trial court erred by improperly allowing Scott's second amended petition and affidavit, the complained-of videos, and live testimony to be considered at the hearing on its motion to dismiss. Hiding negative complaints is only a Band-Aid. Thus, it argues, the statements were made to address matters relating to health, safety, environmental well-being, economic well-being, community well-being, or relating to a public figure, or concerning a product in the marketplace. 391 posts. CIV. The TCPA further provides that the appellate court shall expedite an appeal from a trial court order on a motion to dismiss under Section 27.003 or from a trial court's failure to rule on that motion in the time prescribed by Section 27.005. At the conclusion of the hearing, the court did not rule on the motion and stated it was taking the motion under advisement to review the pleadings and evidence, including the videos in question. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. 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. Be knowledgeable about any company or person you hire. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. P. 42.3(a). CODE ANN. & REM. App.Houston [1st Dist.] 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. The written permission of Ripoff Report Verified the member business allows Ripoff Report was created from from! Order do not affect the ruling exist, the factual recitations in order. 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