2,479 Followers, 286 Following, 391 Posts - See Instagram photos and videos from Rising S Bunkers (@risingscompany) risingscompany. REBUTTAL BOX Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. R. APP. Also, don't be afraid to ask questions and get additional information until you feel comfortable in allowing them to work for you. 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. CIV. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. There is no statutory authority for this court to review the denial of Atlas's motion to strike. In four issues, Atlas contends the trial court erroneously denied its motion to dismiss. SeeRound, Full title:ATLAS SURVIVAL SHELTERS, LLC, APPELLANT v. CLYDE SCOTT AND RISING S, Court:COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS, ATLAS SURVIVAL SHELTERS, LLC, APPELLANT v. CLYDE SCOTT AND RISING S COMPANY, LLC, APPELLEES, APPEAL FROM THE 294TH JUDICIAL DISTRICT COURT VAN ZANDT COUNTY , TEXAS. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. Watch out for warning signs like builders who wont give you an estimate yet are eager to get you to pay a deposit and sign a contract. This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. Ron visits a 3-year-old Rising S bunker that costs around $500,000. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. PRAC. PRAC. Texas Rule of Appellate Procedure 26.3 allows a party to move to extend the time to perfect an appeal if he acts within fifteen days after expiration of the deadline for filing the notice. Excuse me, I believe rain and snow is "weather" last time I checked. 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. 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 on-site inspection / review does not mean that the products or services offered by the business have been evaluated or endorsed by Ripoff Report and has not made a determination as to the business' product quality or competency in performing services. 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. See TEX. Good for the consumer though as they bring the shortcomings of the bunkers to light. P. 26.1(b). In support of this argument, Atlas relies only on the version of Section 27.006(a) that went into effect on September 1, 2019, four months after Scott file this suit against Atlas. CIV. See Montiel v . CODE ANN. 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. Security is what we do and we do it better than the rest. The videos described commercial transactions in which two different customers purchased an underground bunker from Scott. 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 . Even though they manufacture the doors, when it leaks, its not a defect, according to them. 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. Rising S Company uses all steel throughout the entire structure which will not mold or grow bacteria over time. PRAC. Required fields are marked *. Welcome to the Rising S Company official YouTube channel. 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. v. Tex. "Decretal" means the granting or denying of the remedy sought. "; " We are the only bunker manufacturer that fabricates our very own blast doors in house." Gen. Laws. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. 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. 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! CODE ANN. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. See Epperson , 2016 WL 4253978, at *11. See Round Table Physicians Group , PLLC v. Kilgore , 607 S.W.3d 878, 883 (Tex. Consumers want to see how a business took care of business. Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. at 27.008(b). Gen. Laws 960, 961 (amended 2019) (current version at TEX. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. 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. 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. 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. 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). App.San Antonio 2019, no pet.). Act of May 21, 2011, 82nd Leg., R.S., ch. In its petition, Scott alleges it and Atlas are direct competitors. Hanafin , 104 S.W.3d 884, 886 (Tex. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. 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. 9350 State Hwy 31 E Murchison, Texas United States. Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. Did I just hear Rising S state that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker? 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. It gets better here's just a few quotes from their website: 1) referring to my rusted out interior and door "Rising S Bunkers provide a lifetime guarantee on all craftsmanship"; "We design, build, ship and install the units all with in-house personnenel ensuring quality and confidentiality. CIV. App.Houston [14th Dist.] It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. CIV. & REM. Yes, its a long name for a program that does a lot for both consumers and businesses alike. 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. (My story is) beneficial to your business. 14-15-00424-CV, 2015 WL 5935825, at *1 (Tex. Yes, Atlas is THE place to go. Scott and Atlas are competitors in the survival shelter industry. TEX. This kind of dedication to customer service means that Rising S Company LLC will do whatever it takes to make sure their customers are properly taken care of. denied). CODE ANN. March 14, 2019, no pet.) Prewit alleges Scott set him up to be busted by the feds after seeing Prewits cache of illegal weapons, which included guns that were unregistered and had been illegally modified. Rising S Bunkers offers up a wide range of bunker options for buyers at all different budgets, ranging from just under $40,000 to the low millions. See Goswami v . We lead the industry in innovation and engineering underground shelters. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. See Act of May 21, 2011, 82nd Leg., R.S., ch. 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. Russias Invasion of Ukraine: A Sign of Things to Come? CODE ANN. 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." 27.010; Morrison , 578 S.W.3d at 680. 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. I own a corporation in Midland, Texas, and I am also a professional drag boat driver. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". Ron visits a 3-year-old Rising S bunker that costs around $500,000. Hubbard, however, had a different take on the situation. Be knowledgeable about any company or person you hire. Estimated amount consumers saved since 1997: $15,590,010,907. CODE ANN. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. This is the best way to manage and repair your business reputation. What does that mean? 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. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. 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. Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. Id. 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? 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. TEOTWAWKI doesn't mean you can't still have it all. 341, 2, 2011 Tex. Id. TEX. I don't have the time or energy to go over all their false statements because there's just too many. See Best , 562 S.W.3d at 12. See Hawkins , 606 S.W.3d at 47. I'm completely out of the loop here. See Brown Sims P .C. Rising S Company will of course always keep your information and location secure. Please contact us now if you would like to leave a customer review that we can put on our website. See TEX. Id. 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. See TEX. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Consumers want to see how a business took care of business. 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. 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. CIV. 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. & REM. The posting time indicated is Arizona local time. & REM. 2020, pet. 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. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total 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. 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. One consumer claimed to have lost $100,000 after a faulty shelter flooded. 1042, 2, Tex. To order your Survival Food visit:https://beprepared.com/pages/shelter-with-atlas?rfsn=3944244.545f75&subid=atlas.foodFollow me @https://www.facebook.com/atl. PRAC. Are these those prefab bunkers you can buy and sink yourself with enough money? 391 posts. In that case, the whole website is a misprint. 2018). visit us at https://risingsbunkers.com to see why our team is the best in the world." Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. 602-359-4357 when selection starts, press 5 then, three seconds later press 1 Say who you are! Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. CODE ANN. See Morrison , 578 S.W.3d at 683 ("A defendant's online review of a competitor's sale and installation of the same product sold and installed by the defendant is a statement that meets" the third element of the commercial speech exemption.). e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. If the nonmovant fails to satisfy its burden to present a prima facie case, the trial court must dismiss the action. REBUTTAL BOX See Act of May 21, 2011, 82nd Leg., R.S., ch. How those businesses take care of those complaints is what separates good businesses from the rest. See Act of May 21, 2011, 82nd Leg., R.S., ch. It's a lot of money for a product no one is supposed to see, and no one really wants a reason to use. Prewit ended up spending 33 months in federal prison. 01-18-00781-CV, 2019 WL 1186695, at *3 (Tex. WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. CIV. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." 2018) (per curiam). 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. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. "All our bunkers and bomb shelters have bullet resistant, fail safe, tamper proof doors ": unless of course, your a drop of rain or a snowflake, then they rust out completely. There are so many false claims, I don't know where to begin. 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! If you would like to what I have to say, please give me a call. CIV. See Castleman , 546 S.W.3d at 688; Morrison , 578 S.W.3d at 680. See TEX. & REM. Yet their growth has been steady. We conclude Atlas's videos are an exercise of the right of free speech. See Hawkins , 606 S.W.3d at 44 n.2. PRAC. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. App.Houston [14th Dist.] Rising S Company is confident about their shelters craftsmanship and engineering, so you can be too. Celebrity Skin Cream wrinkle cream rip-off advertisements US Based and Foreign companies bilked consumers out of Hundreds of Millions of dollars over the past 7 years. Atlas has not shown surprise. CODE ANN. All business will get complaints. Why Ripoff Report will not release author information! 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 Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. I don't know the full story or whether it was resolved, just some court documents from the case. & REM. Intertwined with and overlying this multi-step dismissal process is the TCPA provision exempting certain actions from the TCPA's application. 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. filed). PRAC. & REM. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. A feud between two luxury bunker builders has brought up some disturbing points. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. A & M Univ. 286 following. Walker , 606 S.W.3d 565, 570 (Tex. 1998); Verburgt , 959 S.W.2d at 617. CODE ANN. In deciding whether the nonmovant has satisfied that burden, the scope of our review includes the pleadings and any supporting affidavits, both of which are taken as evidence in the TCPA context. R. APP. App.Houston [1st Dist.] 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. It's almost like guerrilla marketing for both parties though because I would have never heard of the other. CIV. 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. Rising S refused to replace my rusted out NBC filtration system. Castleman , 546 S.W.3d at 691. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Your on Reddit everyone cares about the drama. 12-20-00054-CV (Tex. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. See Verburgt v . CIV. (mem. CODE ANN. 27.008(a). CIV. On October 15, 2019, the court signed an order denying the motion to dismiss. Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. App.Waco 2020, pet. Rather, the decretal provisions of the judgment control. Consumers can feel safe confident and secure when doing business with Rising S Company. 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. Program will review and respond to all customer complaints promptly of those complaints is what we do we... 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