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". Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. 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. CIV. Estimated amount consumers saved since 1997: $15,590,010,907. Gary Lynch, General Manager. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. & REM. 27.001(7), TEX. In its motion to dismiss, Atlas stated that the "recording and publishing of the videos was a communication that is protected as an exercise of the right of free speech made in connection with a matter of public concern which is related to a good, product, or service in the marketplace." 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. CODE ANN. Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. This is an accelerated interlocutory appeal brought pursuant to the Texas Citizens Participation Act (TCPA). How those businesses take care of those complaints is what separates good businesses from the rest. Is there a source or site that runs down all these accusations towards Rising S? 27.006(a). Again, to err on the side of their customer, those from the past and those in the future. CIV. READ: Foreign websites steal our content. P. 26.3. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. If theyre not trustworthy, who is to say they wont come to take what you have after TEOTWAWKI? Company website run by crooks outside USA pretending to be in USA to get USA money taking your hard-earned dollars funneling it to the country of Peru, Better Business Bureau of South Florida BBB of South Florida Andre Amaro and the BBB of South Florida are harassing me and my small business! 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 . Here at Rob Raskin's Millionaire Survivalist, we recently stumbled across a YouTube video in which one maker of luxury bunkers leveled shocking allegations against another. Because Atlas has not shown trial court error, we affirm the trial court's order denying Atlas's motion to dismiss. 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. If you have any questions, please dont hesitate to give us a call. TEX. 391 posts. & REM. Hiding negative complaints is only a Band-Aid. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. The factual recitations preceding the decretal portion of a judgment form no part of the judgment itself. 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. We are always engineering new and exciting products to meet the standards of all of our customers. Russias Invasion of Ukraine: A Sign of Things to Come? 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 . Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. & REM. REBUTTAL BOX It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. 27.001(3). Why do they hate each other and are either of them being honest on how subpar their rivals products are? Regarding the live testimony, the trial court may, but is not required to, hear live testimony when determining whether to grant or deny a TCPA motion to dismiss. Ripoff Report always monitors these emails to insure the member business does what they agreed to. 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 . TEX. Finally, Atlas points to the 2019 amendment to Section 27.010, which states that the commercial speech exemption does not apply to consumer opinions, commentary, complaints, or review of businesses, to argue that legislative intent is to prevent filing lawsuits as a means to limit consumer reviews such as those Scott now complains of. Why Ripoff Report will not release author information! 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. See Tex . op. 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. See Act of May 21, 2011, 82nd Leg., R.S., ch. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. It looks like a really expensive coffin to me. The defendant-movant bears the initial burden of showing that the conduct that forms the basis of the claim against it is protected by the TCPA, that is, that the suit is based on, relates to, or is in response to the movant's exercise of its right to free speech, association, or petition. See TEX. 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. Who is ED Magedson - Founder, Ripoff Report. 27.005(b), TEX. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. Please realize Ripoff Report is chartering in new territory, working to make a change for both consumers and businesses alike. Another video, entitled "Lady in Minnesota and Her Horrible Bomb Shelter," featured Hubbard touring and critiquing a shelter installed by Rising S. Scott sued Atlas for libel and business disparagement based on these two videos. CODE ANN. 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. I think they are being honest, but I think its also important to remember what these companies are providing. Rising S Company sells underground doomsday bunkers at every price point. 11. 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. Rising S Company leads the industry in innovation and engineering underground shelters. Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. 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. 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. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 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. WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. All rights reserved. Rising S Company leads the industry in innovation and engineering underground shelters. CODE ANN. Press question mark to learn the rest of the keyboard shortcuts. Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. Please contact us now if you would like to leave a customer review that we can put on our website. 27.006(a)). I would like to thank you for taking the time to review Rising S Company. Britt , 241 S.W.3d 672, 676 (Tex. 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). Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. 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. 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. 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. Hanafin , 104 S.W.3d 884, 886 (Tex. Atlas has not shown surprise. Americas largest bunker manufacturer. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. 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. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. Gen. Laws 960, 961-62 (amended 2019); TEX. 3) On their FAQ page here's what they state comes with a standard shelter they write: "bunk matresses, stove, water heater, all bed frames, interior walls/doors/hardware, all plumbing fixtures, sinks water filtrations, toilet, shower, shelving, solar charging system, battery/batteries, TV/DVD player, Surveillance cameras, LED lighting, all electrical, cabinets, sofa and dining table (when equipped), NBC air filtration plus many more items. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! 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." Engineering the highest quality underground steel bunkers, storm shelters and safe rooms . 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. 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. at 27.008(b). Gen. Laws 960, 962 (amended 2019). Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. 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. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. PRAC. Ron visits a 3-year-old Rising S bunker that costs around $500,000. PRAC. Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. 27.005(c), TEX. 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. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. First of all, the bunker was installed wrong. 27.001(1). 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 truth is, none of the luxury shelter companies have spotless reputations. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. CIV. 27.005(a), TEX. See Epperson , 2016 WL 4253978, at *11. CODE ANN. When I first called them and told them my bunker was flooded, they told me it was just "moisture" and its my job to wipe it all up, it could get several feet of moisture inside the bunker. All business will get complaints. 1993)). CODE ANN. PRAC. Create an account to follow your favorite communities and start taking part in conversations. A feud between two luxury bunker builders has brought up some disturbing points. 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. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. & REM. 341, 2, 2011 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). Here's why:Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. 341, 2, 2011 Tex. Rising S Company recognized by Ripoff Report Verified as a safe business service. CODE ANN. 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. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. 27.010; Morrison , 578 S.W.3d at 680. It may not be copied without the written permission of Ripoff Report. If the defendant meets this burden, then the burden shifts to the plaintiff-nonmovant to establish by clear and specific evidence a prima facie case for each essential element of the claim in question. 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. They have made a commitment that if anyone contacts Ripoff Report in the future, they will make things right within 14 days. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. 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. Corporate Advocacy Program: How to repair your business reputation. Scott met its burden to prove the third Castleman element. 341, 2, 2011 Tex. Act of May 21, 2011, 82nd Leg., R.S., ch. Rising S Company will of course always keep your information and location secure. 1042, 2, Tex. All rights reserved. CIV. That YouTube video that sparked your interest, has done nothing but promote both companies. filed). However, the amendment containing this change became effective September 1, 2019. Even though they manufacture the doors, when it leaks, its not a defect, according to them. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Attention seeking for marketing.. Another reason to make a YT video or FB post. 27.006, 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. 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. Metro. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. PRAC. We as humans enjoy drama. 27.010(a)(2). Luxury bunker builders and their teams know where everyones bunkers are located. See Act of May 21, 2011, 82nd Leg., R.S., ch. 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). Corporate Advocacy Program: How to repair your business reputation. Of course, everything within reason. This is clearly the best option at this point, and its not surprising he would recommend this now that he believes consumers who are buying shelters are potentially in danger due to unethical business practices. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. 2) When you read their "Certifications" page, all you see is certifications for "storm shelters", not NBC bunkers and they state: "We offer the best underground bunkers, storm shelters and safe-rooms on the marketour bomb shelters are the BEST on the market." CIV. 602-359-4357 when selection starts, press 5 then, three seconds later press 1 Say who you are! PRAC. However, they encased my underground bunker in concrete. 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! 1988). They write that the only way to reinforce shipping containers is to"line it in concrete blocks or in woodboth of which are inferior methods compared to the strength of the heavy steel used in RSC units." An even better question, why do you care about drama between bunker companies? denied) (per curiam) (mem. P. 42.3(a). CODE ANN. 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. Below is the information about rising s bunkers lawsuit . 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. Security is what we do and we do it better than the rest. 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." 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. Burying a steel box under the ground is just a dumb thing to do. CIV. RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT " My name is Clyde Scott and I am the owner of Rising S Company. When a company or individual joins the Ripoff Report Corporate Advocacy Program, they must make a commitment to us - in writing - to 'doing whatever it takes to make things right with their customers.' If not, and the customers is right, the member business will be taken off the Corporate Advocacy Program. CODE ANN. The "Lady in Minnesota" video opens and ends with the Atlas logo. App.San Antonio 2019, no pet.). In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. 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. We overrule Atlas's second issue. At Rising S Company LLC we pride ourselves in using the highest quality PRODUCTS. filed). Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. 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. It further asserts that Hubbard's live testimony given at the hearing is inadmissible because Rule 166a prohibits oral testimony. denied). CODE ANN. Atlas contends its "reviews" were recorded videos with former Scott customers explaining the issues they had with Scott's business, and not attempts to encourage customers to do business with Atlas. at 888. CIV. CODE ANN. 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. "Making things right" can mean lots of different things to different people, but our point is this - by working closely with the company or individual to resolve any disputes, Ripoff Report can track the footprints of customer service to ensure that our Corporate Advocacy Program members are doing everything they can to treat customers fairly and to increase their customer satisfaction. 2,479 followers. See Jones v . Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. App.Austin 2019, no pet.). The posting time indicated is Arizona local time. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. Consumers want to see how a business took care of business. Nothing to do with any drama. Lechin , No. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". At the time this suit was filed, "a matter of public concern" was defined as an issue related to health or safety, environmental, economic, or community well-being, the government, a public official or public figure, or a good, product, or service in the marketplace. Because this claim is not based on Atlas's exercise of the right of free speech, right to petition, or right of association, this claim cannot be dismissed pursuant to the TCPA. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. TEX. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. & REM. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. R. APP. The posting time indicated is Arizona local time. Ripoff Report | Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. 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. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. All of our corporate Advocacy Program to customer satisfaction the factual recitations preceding the decretal portion of judgment... Issue, it contends the intended audience was neither actual nor potential Atlas customers Atlas. To all customer complaints promptly 4253978, at * 10 ( Tex but promote both companies cookies similar. Visits a 3-year-old rising S bunkers lawsuit 884, 886 ( Tex District court of Van Zandt,! Applicability by a preponderance of the judgment itself taking part in conversations 104 S.W.3d 884, 886 (.! Steel underground bunkers storm shelters and safe rooms blast doors and bomb shelters trial court retained plenary jurisdiction the. The truth is, none of the judgment itself change for both consumers and businesses alike and... Will review and respond to all customer complaints promptly to repair your business reputation commercial speech to... At the hearing on the side of their customer, those from the past and those in the.. The motion % eR4CF4 % ivCBh/KeM9urFFZ8_ [ TQ.GfpOau.d+c| ( /eD'-5Ii { m0c over 100 years is of! 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