We as humans enjoy drama. 27.010(a)(2), TEX. See id . August 11, 2016, no pet.) Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. CODE ANN. PRAC. Hubbard is not just an "expert" in his field purportedly warning the public of a dangerous individual who sells inferior products. If theyre not trustworthy, who is to say they wont come to take what you have after TEOTWAWKI? |. Use Ripoff Report information as a tool to your advantage. 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. We provide the highest quality shelters and bunkers to customers from all over the world. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. REBUTTAL BOX A hearing on the motion to dismiss was held on August 26, 2019. Ron visits a 3-year-old Rising S bunker that costs around $500,000. See id . Gen. Laws 960, 962 (amended 2019) (current version at TEX. Product/service. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. See Act of May 21, 2011, 82nd Leg., R.S., ch. THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this Court that there was no error in the trial court's order. 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. 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. Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. See Act of May 21, 2011, 82nd Leg., R.S., ch. 1042, 2, Tex. CODE ANN. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. 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. 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. What does that mean? Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. File your review. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. 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. 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. 2019, pet. Laster v. Thomas , 487 S.W.3d 772, 773 (Tex. Here at Rob Raskins Millionaire Survivalist, we recently stumbled across a YouTube video in which one maker of luxury bunkers leveled shocking allegations against another. Rising S Steel Bunkers and Bomb Shelters are built from high quality plate steel and structural metals on the market today. P. 42.3(a). Id . Profanchik , 578 S.W.3d 676, 681 n.2 (Tex. Reddit and its partners use cookies and similar technologies to provide you with a better experience. CIV. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. 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. 27.001(3). P. 26.1(b). Say we owe over $22,000.00 for the rest of their so called contract !!!!!! 341, 2, 2011 Tex. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. CIV. Advertisers above have met our Were always happy to answer any questions you have about our company, our products or the process of adding these security solutions to your life. READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner 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. 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. Therefore, the TCPA does not apply to this suit, and the trial court did not err in denying Atlas's motion to dismiss. R. APP. I wouldnt do business with the trash talker. 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. PRAC. CODE ANN. Scott met its burden to show the commercial speech exemption applies. Remember, Ripoff Report emailed every customer from the past that filed a complaint to make sure the member business made things right with customers from the past. 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. Therefore, leave of court is presumed. Doesn't matter, it shifted anyway. 27.008(a). & REM. 27.006, TEX. City of Houston , 976 S.W.2d 676, 677 (Tex. 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. 27.005(b). 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. Dont click on those slick Ads! 341, 2, 2011 Tex. 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. PRAC. 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. This report was posted on Ripoff Report on 07/06/2018 01:47 PM and is a permanent record located here: Rising S Company leads the industry in innovation and engineering underground shelters. Yes, its a long name for a program that does a lot for both consumers and businesses alike. A feud between two luxury bunker builders has brought up some disturbing points. It's an interesting idea but aren't there also questions about long term feasibility with them? 21.001(3). Tell us has your experience with this business or person been good? & REM. PRAC. Id. 27.010; Morrison , 578 S.W.3d at 680. I'm guessing because I don't have a dog. READ: Foreign websites steal our content. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Its the equivalent of Ferrari and Lamborghini yelling at each other over having shitty seats, then proves to the world that they are shitty by finding examples of where they were shitty and making videos about it. WardenWolf 2 yr. ago. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. PRAC. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. Who is ED Magedson - Founder, Ripoff Report. Britt , 241 S.W.3d 672, 676 (Tex. "; " We are the only bunker manufacturer that fabricates our very own blast doors in house." We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. If you would like to what I have to say, please give me a call. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. Scott met its burden to prove the third Castleman element. 9350 State Hwy 31 E Murchison, Texas United States. 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. & REM. Did Rising S Bunkers really cause one of their customers to go to prison for three years, or are these baseless accusations that are part of a long-standing feud between owner Clyde Scott and his competitor Atlas Survival Shelters, which is owned by Ron Hubbard. The 37-year-old Scott said the bunker business historically is driven by politics. App.Houston [14th Dist.] In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. Has your experience with this business or person been good? PRAC. Where there appears to be a discrepancy between the judgment's recital and decretal paragraphs, a trial court's recitals, which precede the decretal portion of the judgment, do not determine the rights and interests of the parties. As a storage facility or sitting out a tornado, they're probably fine. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. CIV. We do not hire outside sources so everything from engineering, fabrication, delivery and installation are all done by us keeping you as anonymous as possible. The third Castleman element examines whether "the statement or conduct at issue arose out of a commercial transaction involving the kind of goods or services the defendant provides." Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. Consumers love to do business with someone that can admit mistakes and state how they made improvements. The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. 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. Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. 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. App.Waco 2020, pet. Feuds between two competing companies benefit the end consumer the overwhelming majority of the time and this is no exception. First of all, the bunker was installed wrong. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. 2003) (per curiam). 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. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. 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. It may not be copied without the written permission of Ripoff Report. strict standards for business conduct. App.San Antonio 2019, no pet.). & REM. I think they are being honest, but I think its also important to remember what these companies are providing. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Hiding negative complaints is only a Band-Aid. How those businesses take care of those complaints is what separates good businesses from the rest. See TEX. 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. 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. Yet their growth has been steady. denied). NO. v. L.W. CIV. Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. All business will get complaints. Walker , 606 S.W.3d 565, 570 (Tex. Imagine doing quarantine in one with your family, though. 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. 27.005(a)). Rising S Company leads the industry in innovation and engineering underground shelters. Castleman , 546 S.W.3d at 691. Even though they manufacture the doors, when it leaks, its not a defect, according to them. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. See Act of May 21, 2011, 82nd Leg., R.S., ch. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. Members of the Corporate Advocacy Business Remediation and Customer Satisfaction program do pay a fee for our on-site review, 24-hour monitoring and for support with customers to resolve any disagreements. See Brown Sims P .C. CODE ANN. 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). STATED IMPROVEMENTS FROM RISING S COMPANY Theyre new policy is to always contact all customers to gather valuable feedback so that they can continue to adapt and deliver the best customer service possible. (per curiam) (mem. CODE ANN. Is there a source or site that runs down all these accusations towards Rising S? 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. This is an accelerated interlocutory appeal brought pursuant to the Texas Citizens Participation Act (TCPA). & REM. According to a video Hubbard posted on Atlass YouTube channel, the story began when he received the following letter, which weve very slightly edited for clarity: Ron, my name is Steve Prewit. Copyright 1997-2023 Ripoff Report. 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). CIV. 2018). 2020). An even better question, why do you care about drama between bunker companies? 36K views 1 year ago Atlas Survival Shelters gives potential buyers of underground bunkers an education in the way Atlas makes its shelters VS the way Rising S does theirs. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. After speaking with the management at Rising S Company LLC and emailing anyone who filed a complaint in the past, Ripoff Report is proud to give Rising S Company LLC a positive Rating. 27.006(a). op.) 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. Estimated amount consumers saved since 1997: $15,590,010,907. Rising S bunkers range from $40,000 to well over $8 million. See TEX. Press question mark to learn the rest of the keyboard shortcuts. I mean why not lol. Russias Invasion of Ukraine: A Sign of Things to Come? 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. In the "Lady in Minnesota" video, Hubbard references, shows, and advertises Atlas's products and services in comparison to Scott's products and services. Hawkins v. Fox Corp. & REM. & REM. Ripoff Report has an exclusive license to this report. Copyright 1997-2023, Ripoff Report. PRAC. CODE ANN. |. CODE ANN. 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. Regardless of the accuracy of Atlas's legal interpretation of the controlling date, it indicates the failure to file within twenty days of the date the motion was overruled by operation of law was not deliberate or intentional, but was the result of inadvertence or mistake, and satisfies the requirement for a reasonable explanation to justify the need for an extension. Our employees are not only skilled fabricators and craftsmen, but they are also like minded & trustworthy individuals that are also preparing their own families for whatever uncertainty the future has in store. 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. I'm completely out of the loop here. Estimated amount consumers saved since 1997: $15,590,010,907. Ron visits a 3-year-old Rising S bunker that costs around $500,000. Burying a steel box under the ground is just a dumb thing to do. In 2012, I made the mistake of doing business with Clyde Scott of the Rising S company. 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. 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. See Best , 562 S.W.3d at 12. TEX. 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. Rather, Atlas contends that the videos were communications of consumer complaints and reviews involving Scott's business, and the statements arose from Scott's products, not Atlas's products. In its third issue, Atlas contends the trial court erred in denying its motion to strike Scott's response to his motion to dismiss as untimely. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. We overrule Atlas's first issue. (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: Hiding negative complaints is only a Band-Aid. Gen. Laws. They have made a commitment that if anyone contacts Ripoff Report in the future, they will make things right within 14 days. All rights reserved. CIV. Rising S Company 9350 State Hwy 31 E Murchison, TX 75778 Sales: (903) 804-3774 Sales: bunkerfilters@gmail.com Service: (214) 893-8007 Service: steelbunkers@gmail.com Media Request: (903). Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. It may not be copied without the written permission of Ripoff Report. 1998); Verburgt , 959 S.W.2d at 617. Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. See Tex . Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. Rising S Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. The record is clear that the hearing on Atlas's motion to dismiss was held and concluded on August 26 and that an order denying the motion was rendered on October 15. op.). 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. CODE ANN. See Jones v . PRAC. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. See Act of May 21, 2011, 82nd Leg., R.S., ch. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. 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 . CIV. & REM. 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. The website made it sound so safe and complete ("just add personal belongings". We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. & REM. All rights reserved. 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. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. It features two. CIV. PRAC. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. strict standards for business conduct. Rising S Company receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. App. Sav. The truth is, none of the luxury shelter companies have spotless reputations. & REM. Atlas answered and moved to dismiss the suit pursuant to the TCPA. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. CIV. PRAC. Corporate Advocacy Business Remediation and Customer Satisfaction Program. Atlas contends that it does not sell the same product as Scott. Freedom of Speech. Consumers want to see how a business took care of business. PRAC. WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. How those businesses take care of those complaints is what separates good businesses from the rest. 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. 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. op.). 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. CODE ANN. 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. Id. Press J to jump to the feed. ; see also Martin v . 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. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. Millionaire Survivalist to total rising s bunkers lawsuit satisfaction market today 676, 681 n.2 (.. The third Castleman element provide the highest quality shelters and bunkers to customers from all the! 4726599, at * 10 ( Tex: $ 15,590,010,907 field purportedly warning the public of a dangerous individual sells. Crawford, 584 S.W.3d 640, 646 ( Tex just add personal ''! 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