PRAC. App.Houston [14th Dist.] 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. A feud between two luxury bunker builders has brought up some disturbing points. 27.005(d), TEX. App.Houston [1st Dist.] Intertwined with and overlying this multi-step dismissal process is the TCPA provision exempting certain actions from the TCPA's application. 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. App.Amarillo 2018, pet. All rights reserved. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. Ron visits a 3-year-old Rising S bunker that costs around $500,000. 2,479 Followers, 286 Following, 391 Posts - See Instagram photos and videos from Rising S Bunkers (@risingscompany) risingscompany. & REM. Reddit and its partners use cookies and similar technologies to provide you with a better experience. As a storage facility or sitting out a tornado, they're probably fine. During its construction, Scott observed Prewit firing and selling these weapons. CODE ANN. Because Atlas has not shown trial court error, we affirm the trial court's order denying Atlas's motion to dismiss. Rising S bunkers range from $40,000 to well over $8 million. Press J to jump to the feed. 27.003(a)). 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. Applicable Law. PRAC. Rising S Company installer chose the site, cleared off two feet of grade from the topsoil ( I have an expert report confirming that fact), dug the hole too deep and had to use more concrete to cover it, (which they tried to make me pay for), then they pushed all the excavated dirt to one side and made a "hill" where all the rain water runs over the top door of my underground bunker and the door leaks (also confirmed by an expert). Patients made into prostitutes and sex slaves, bilking insurance companies out of millions, Sac_County Iowa Prosecutor Ben Smith pays $750,000 to settle Ripoff Report 1983 civil rights lawsuit.. Federal Judge stops prosecutors abuse of power against ED Magedson Founder of Ripoff Report. Gary Lynch, General Manager. CODE ANN. REBUTTAL BOX 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. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. One thing I appreciate about the Atlas videos is that they accurately demonstrate the truth about bunkers: They're a great way to take a very large sum of money and flush it down the toilet. 1042, 2, Tex. PRAC. IN 3 WEEKS THEY SENT 3 OF MY RECIPIENTS DEAD FROZEN TINY BOUQUETS calgary, Ponce motors Deceptive car sales Austin Texas, Nextiva efax overcharged me for an entire year even before the monthly trial expired able to use the service at all. The truth is, none of the luxury shelter companies have spotless reputations. See TEX. It also the first place to flood in case of a non water tight environment. Metro. 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. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. 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. 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. 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. 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. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." R. APP. 21.001(3), TEX. Be knowledgeable about any company or person you hire. CODE ANN. PRAC. CODE ANN. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 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. PRAC. See TEX. Therefore, leave of court is presumed. All rights reserved. Here, the record does not show whether Scott obtained leave of court. See TEX. Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program -- a program that benefits the consumer, which helps to increase consumer satisfaction and confidence when doing business with a member business Verified By Ripoff Report. CIV. 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. & REM. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. 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. & REM. & REM. 341, 2, 2011 Tex. We conclude Atlas's videos are an exercise of the right of free speech. 27.001(3), TEX. ANY BUSINESS THAT CAN ADMIT THEY MADE MISTAKES AND CORRECTS THOSE MISTAKES IS A BUSINESS YOU CAN TRUST AND WORTH DOING BUSINESS WITH As stated above, Rising S Company LLC is committed to 100% customer satisfaction and has made every possible effort to ensure that all customers have a positive experience while at their business. Rising S Company leads the industry in innovation and engineering underground shelters. 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). 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. Please realize Ripoff Report is chartering in new territory, working to make a change for both consumers and businesses alike. 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. 341, 2, 2011 Tex. In 2012, I made the mistake of doing business with Clyde Scott of the Rising S company. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. See Hone v . Advertisers above have met our & REM. Is Clyde Scott a bully? Say we owe over $22,000.00 for the rest of their so called contract !!!!!! CODE ANN. 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. "It's by far, by 20. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . Hanafin , 104 S.W.3d 884, 886 (Tex. Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. It looks like a really expensive coffin to me. Atlas also contends there is no nexus between the statements and a commercial transaction. 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. 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. Why do they hate each other and are either of them being honest on how subpar their rivals products are? If youre thinking about having a bunker built one thing is certain, and thats the importance of doing your research before you hire any company. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. I own a corporation in Midland, Texas, and I am also a professional drag boat driver. 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. 27.005(d)); Castleman , 546 S.W.3d at 691. We also value our potential customers, so we take time to discuss our business and products at length with anyone interested in additional security solutions. Why Ripoff Report will not release author information! App.Austin July 31, 2020, no pet.) Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. Hous., LLC , 606 S.W.3d 41, 45 (Tex. 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. Consumers should feel safe, confident and secure when doing business with a member of Ripoff Report's Corporate Advocacy Business Remediation & Customer Satisfaction Program, yes, a long name for a program that does a lot for both consumers and businesses alike. Hiding negative complaints is only a Band-Aid. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. See Act of May 17, 2019, 86th Leg., R.S., ch. However, the amendment containing this change became effective September 1, 2019. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. Excuse me, I believe rain and snow is "weather" last time I checked. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. 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. Copyright 1997-2023, Ripoff Report. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . PRAC. Can anyone explain the feud between Atlas and Rising S Bunkers? As always, Ripoff Report cannot guarantee that every customer or employee will always be 100% satisfied in every case, but we promise that if you have any concerns with Rising S Company LLC or any of our Corporate Advocacy Program members, we will do everything we can to see that the issue is addressed quickly and that you are treated fairly and with respect. 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. 27.010(a)(2). Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. CIV. 9350 State Hwy 31 E Murchison, Texas United States. Gen. Laws 960, 962 (amended 2019) (current version at TEX. Castleman , 546 S.W.3d at 691. 1993)). & REM. See TEX. 27.005(b). The trial court's order denying Atlas's motion to dismiss consists of a paragraph containing the court's findings and a second paragraph, the decretal paragraph, containing the court's ruling. & REM. TEOTWAWKI doesn't mean you can't still have it all. One of the larger Rising S bunkers is buried for a client. 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. Therefore, Atlas's Rule 166a arguments are inapplicable. Consumers want to see how a business took care of business. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. We overrule Atlas's third issue. March 14, 2019, no pet.) (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. 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. CODE ANN. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. PRAC. The posting time indicated is Arizona local time. 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. I'm guessing because I don't have a dog. This is the best way to manage and repair your business reputation. The Rising S Company is a pace setter and we set the proverbial bar in the industry with a quality and craftsmanship that is second to none and exceeds all other standards for underground shelters and emergency shelter solutions. App.Dallas 2016, no pet.) READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner The people at Rising S Company did just that. In the future, if anyone has any complaints or concerns with Rising S Company LLC, you are invited to contact them directly via email: bunkerfilters@gmail.com (again, please be sure to cc: EDitor@ripoffreport.com so we can keep track of the company's response and to insure customer satisfaction). Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. CIV. See Act of May 21, 2011, 82nd Leg., R.S., ch. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! 01-18-00781-CV, 2019 WL 1186695, at *3 (Tex. 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 . Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Dont click on those slick Ads! 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. Who is ED Magedson - Founder, Ripoff Report. 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. See Act of May 21, 2011, 82nd Leg., R.S., ch. & REM. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. CIV. PRAC. & REM. Use Ripoff Report information as a tool to your advantage. CODE ANN. 27.010(a)(2), TEX. All business will get complaints. Attention seeking for marketing.. Another reason to make a YT video or FB post. Yes, its a long name for a program that does a lot for both consumers and businesses alike. 27.008(a), TEX. If you have any questions, please dont hesitate to give us a call. P. 26.3. 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. Offering 100% lifetime welds and craftsmanship warranty. CIV. & REM. CIV. A feud between two luxury bunker builders has brought up some disturbing points. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. 27.008(a). However, the petition did not include new causes of action, and the affidavit addressed issues raised in prior pleadings. We overrule Atlas's second issue. In its petition, Scott alleges it and Atlas are direct competitors. 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. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. An even better question, why do you care about drama between bunker companies? They also told the BBB that their doors are "weatherproof" not "waterproof". According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. Has your experience with this business or person been good? Therefore, the TCPA does not apply to this suit, and the trial court did not err in denying Atlas's motion to dismiss. 378, 12, 2019 Tex. R. APP. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. CODE ANN. v. Tex. Id. 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? Scott's argument implicates the question of timeliness of Atlas's notice of appeal. If theyre not trustworthy, who is to say they wont come to take what you have after TEOTWAWKI? 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. 391 posts. That YouTube video that sparked your interest, has done nothing but promote both companies. CODE ANN. Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. Press question mark to learn the rest of the keyboard shortcuts. 2018). It's an interesting idea but aren't there also questions about long term feasibility with them? Rising S Company is confident about their shelters craftsmanship and engineering, so you can be too. Gen. Laws 960, 961 (amended 2019) (current version at TEX. Rather, Atlas asserts, the videos sought to shed light on business practices that could endanger the public, establish the credibility of Atlas as an expert in the field, show the proper means to construct bunkers, and serve as a demonstration of how a subterranean survival shelter should operate. 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. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. A & M Univ. 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. The factual recitations preceding the decretal portion of a judgment form no part of the judgment itself. No definition of maintenance, no written manual or documents, but they defined it themselves to the BBB as the customer is responsible for their bad installation, yet they write on their website "Highest quality engineering coupled with Expert Installation". ; see also Martin v . Burying a steel box under the ground is just a dumb thing to do. Yup I follow atlas though and never have questioned the rivalry. *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. Further, Atlas filed a response to Scott's motion to dismiss. Even if we agree with Atlas's interpretation and applicability of the legislature's intent as shown by the 2019 amendment, the fact remains that its "reviews" are immersed in and interconnected with Atlas's role as a seller of underground survival shelters. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. CIV. Click Here to read other Ripoff Reports on Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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. See Verburgt v . Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. & REM. Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. 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. PRAC. Russias Invasion of Ukraine: A Sign of Things to Come? Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. 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. CIV. Top of the line is the " Aristocrat " for. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. Again, to err on the side of their customer, those from the past and those in the future. & REM. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. When I asked where my surveillence cameras were, they said it was a misprint, which is still there, and has never been corrected. PRAC. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 27.001(1). Rising S Steel Bunkers and Bomb Shelters are built from high quality plate steel and structural metals on the market today. 2003) (per curiam). Corporate Advocacy Business Remediation and Customer Satisfaction Program. & REM. See Tex . The applicable version of Section 27.005(a) required the trial court to rule on a TCPA dismissal motion not later than the thirtieth day following the date of the hearing on the motion. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. Rising S Company recognized by Ripoff Report Verified as a safe business service. A hearing on the motion to dismiss was held on August 26, 2019. The TCPA endorses a summary process, requiring judicial review of the pleadings and limited evidence. 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. Prewit ended up spending 33 months in federal prison. Of course, everything within reason. 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. This is an accelerated interlocutory appeal brought pursuant to the Texas Citizens Participation Act (TCPA). Millionaire Survivalists in Film Part 4. Atlas Survival Shelters, LLC appeals the denial of its motion to dismiss the libel suit brought by Clyde Scott and Rising S Company, LLC (collectively Scott). 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. 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. Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. 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. See Epperson , 2016 WL 4253978, at *11. Atlas vs the competitor: a side-by-side comparison. Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. 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. 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. PRAC. TEX. There are so many false claims, I don't know where to begin. We overrule Atlas's first issue. We are always engineering new and exciting products to meet the standards of all of our customers. We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. 2011, 82nd Leg., R.S., ch so the post time be. A program that benefits the consumer, assures them of complete satisfaction and confidence when business..., 2011, 82nd Leg., R.S., ch know where to begin between two bunker!, Prewit and Hubbard showed a printout of Scotts criminal record amendment containing this change effective... N'T know where to begin business | Verified Safebusinesses consumers can trust exciting to... There also questions about long term feasibility with them, Tex means nonmovant. Youtube video that sparked your interest, has done nothing but promote both companies new and exciting to! ) risingscompany you search for Rising S steel bunkers and other heavy-industry survival,! 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