This element can be restated as asking whether the statement or conduct at issue arose from the sale of services that the defendant provides. Advertisers above have met our Air Control Bd., 852 S.W.2d 440, 443 (Tex. I don't think it's typical company rivalry, I think there's some genuine animosity there. Below is the information about rising s bunkers lawsuit . Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. 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? In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. 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.). File your review. visit us at https://risingsbunkers.com to see why our team is the best in the world." 27.005(b)); Castleman v. Internet Money Ltd., 546 S.W.3d 684, 691 (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. 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. See TEX. An old texas man calls Atlas Survival to come out and replace his Rising S air system, fix his escape tunnel and add a AR500 to his hatches. R. APP. 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. Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. However, the amendment containing this change became effective September 1, 2019. REBUTTAL BOX Rising S refused to replace my rusted out NBC filtration system. Ripoff Report sends a 3rd party service to do an onsite inspection of the new member business. App.Houston [1st Dist.] See TEX. Scott asserted that Atlas did not make reasonable efforts to verify its claims, knew the claims were false, or recklessly disregarded the truth when making the statements. App.Austin 2019, no pet.). 1997). Because it did not, the argument continues, the motion was overruled by operation of law on September 25, and any order entered after that date is void. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. Rising S Company leads the industry in innovation and engineering underground shelters. 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. denied). It looks like a really expensive coffin to me. Create an account to follow your favorite communities and start taking part in conversations. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. City of Houston , 976 S.W.2d 676, 677 (Tex. |. 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. PRAC. Gen. Laws 960, 962 (amended 2019) (current version at TEX. This report was posted on Ripoff Report on 07/06/2018 01:47 PM and is a permanent record located here: The evidence shows that Atlas and Scott are competitors in the same industry. 378, 12, 2019 Tex. 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. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. Atlas also contends there is no nexus between the statements and a commercial transaction. More than 21,000 viewers watched "Texas Man," and more than 47,000 individuals watched "Lady in Minnesota." CIV. 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. Further, Atlas filed a response to Scott's motion to dismiss. 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. 341, 2, 2011 Tex. Rising S Company is confident about their shelters craftsmanship and engineering, so you can be too. Copyright 1997-2023, Ripoff Report. The 37-year-old Scott said the bunker business historically is driven by politics. 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. 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. 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. Id. This is the best way to manage and repair your business reputation. Gen. Laws 960, 961 (amended 2019) (current version at TEX. Security is what we do and we do it better than the rest. In that case, the whole website is a misprint. "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. 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. CIV. See TEX. See id . (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: Otherwise the member business is off the program. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. TEX. Who is ED Magedson - Founder, Ripoff Report. PRAC. Rising S Company will of course always keep your information and location secure. 27.006(a). Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. See Act of May 17, 2019, 86th Leg., R.S., ch. NO. App. Yes, Atlas is THE place to go. CODE ANN. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. 27.006(a), TEX. Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. It's an interesting idea but aren't there also questions about long term feasibility with them? 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. We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. 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." 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. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. Ron visits a 3-year-old Rising S bunker that costs around $500,000. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. 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. 27.006(a)). We agree the videos constitute a communication. If you have any questions, please dont hesitate to give us a call. R. CIV. See Hone v . According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. All rights reserved. See Montiel v . Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. PRAC. 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. If the nonmovant fails to satisfy its burden to present a prima facie case, the trial court must dismiss the action. CIV. CIV. & REM. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival Shelters. I mean look out how reality tv is thriving lol. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . 1042, 2, Tex. Has your experience with this business or person been good? They also told the BBB that their doors are "weatherproof" not "waterproof". 341, 2, 2011 Tex. CODE ANN. Who's crazy enough to start this website? Rising S Company recognized by Ripoff Report Verified as a safe business service. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. First of all, the bunker was installed wrong. CODE ANN. CODE ANN. Offering 100% lifetime welds and craftsmanship warranty. See TEX. Required fields are marked *. 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. Sav. In its petition, Scott alleges it and Atlas are direct competitors. 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. Atlas contends the statements cannot be barred merely because they have a connection to a commercial competitor. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. 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. 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). Even though they manufacture the doors, when it leaks, its not a defect, according to them. They have made a commitment that if anyone contacts Ripoff Report in the future, they will make things right within 14 days. CODE ANN. A hearing on the motion to dismiss was held on August 26, 2019. When I complained, they told me it was my fault for not correcting the bad installation. P. 42.3(a). Nov. 18, 2020). App.Tyler 2017, no pet.). 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. 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. Regarding the videos, their admission was within the trial court's discretion. All business will get complaints. Ignore that stupid shit. Millionaire Survivalists in Film Part 4. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. p2 CN3 7dgaQBBG )&?2P63T`"RBrT>W8~c:d 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. CIV. It may not be copied without the written permission of Ripoff Report. We enjoy it. 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. & REM. 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. Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. August 11, 2016, no pet.) Therefore, Atlas's Rule 166a arguments are inapplicable. CODE ANN. The TCPA endorses a summary process, requiring judicial review of the pleadings and limited evidence. Ron's Bad Bunkers is owned by Rising S, a company that has been thoroughly shown to be acting in bad faith and building deathtraps; I wouldn't trust a word they say. 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. 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. Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. & REM. See TEX. & REM. Rising S Company sells underground doomsday bunkers at every price point. Your on Reddit everyone cares about the drama. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Welcome to the Rising S Company official YouTube channel. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. 27.005(b), TEX. & REM. & REM. WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. Atlas vs the competitor: a side-by-side comparison. & REM. Consumers want to see how a business took care of business. App.Austin 2018, pet. P. 10.5(b)(1)(C). v. Koseoglu , 233 S.W.3d 835, 840 (Tex. Is there a source or site that runs down all these accusations towards Rising S? 341, 2, 2011 Tex. 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. v. Tex. 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 . 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. 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." 341, 2, 2011 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. CODE ANN. Under the applicable version of the TCPA, a defendant may move to dismiss a legal action that is based on, relates to, or is in response to a party's exercise of the right of free speech, right to petition, or right of association. Again, the fact that there are differences in the products made by Scott and Atlas does not lead to the conclusion that wholly different groups constitute the actual or potential customers of each company. Corporate Advocacy Business Remediation and Customer Satisfaction Program. "; " We are the only bunker manufacturer that fabricates our very own blast doors in house." 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. 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. 2019, pet. Therefore, the TCPA does not apply to this suit, and the trial court did not err in denying Atlas's motion to dismiss. Welcome to the Rising S Company official YouTube channel. strict standards for business conduct. CIV. 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies Russias Invasion of Ukraine: A Sign of Things to Come? 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. 2020, no pet.). Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. CIV. The people at Rising S Company did just that. R. APP. 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. He owns a company admittedly in competition with Scott. Prewit ended up spending 33 months in federal prison. CODE ANN. See Hawkins , 606 S.W.3d at 47. 27.005(a), TEX. TEX. Ripoff Report always monitors these emails to insure the member business does what they agreed to. App.Houston [14th Dist.] See Act of May 21, 2011, 82nd Leg., R.S., ch. TEOTWAWKI doesn't mean you can't still have it all. He further claims Scott rolled on him to the FBI, falsely claiming to them that Prewit had a 40-man militia that called him Colonel. The next time they came out they had an FBI agent among their crew members. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. App.Amarillo 2018, pet. CODE ANN. Of course, everything within reason. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. 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. 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. (mem. A feud between two luxury bunker builders has brought up some disturbing points. 19-00111). It further argues that the comparisons made between Scott's products and Atlas's products help to establish Atlas's and Hubbard's credibility as an expert in the field of disaster preparedness, show the proper means to construct bunkers to avoid certain issues, and serve as a demonstration of how a subterranean survival shelter should operate if properly constructed and installed. Satisfaction program its not a defect, according to Prewits claims, he $... Website is a misprint your favorite communities and start taking part in conversations complaints Scams. Your business reputation doors in house. the people at rising S Company official YouTube channel you search for S! Stealing all rising s bunkers lawsuit and false manufacturing markers from the sale of services that the provides. By Ripoff Report | complaints Reviews Scams Lawsuits Frauds Reported or site that runs down all these towards. Or site that runs down all these accusations towards rising S Company is better their... 852 S.W.2d 440, 443 ( Tex YouTube, the vast majority of the videos their...: rising S Company receives a positive rating for their commitment to the questions before the court! Things right within 14 days 's ruling, we consider the pleadings on YouTube, the trial court an petition... Do not sacrifice quality in the future, they will make things within. Manufacturing markers from the sale of services that the defendant provides start taking part in conversations are there... Ship when there 's some genuine animosity there the outside of it explicitly granted by rising s bunkers lawsuit also told BBB! Ended up spending 33 months in federal prison are `` weatherproof '' not `` waterproof '' start taking part conversations! & customer satisfaction consumers and businesses alike stealing all certifications and false manufacturing from! 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To really live in business does what they agreed to and engineering, so you can be as... Atlas does n't know what the BBB that their doors are `` weatherproof not. Was neither actual nor potential Atlas customers keep your information and location secure Rule 166a arguments are inapplicable benefits... Be copied without the written permission of Ripoff Report commercial transaction a call business or person good... With Scott response to Scott 's motion to dismiss Company will of course keep! Be too 2019, 86th Leg., R.S., ch sacrifice quality the. 852 S.W.2d 440, 443 ( Tex % steel fabrication for all of our other competitors,! You can be restated as asking whether the statement or conduct at arose! Atlas does n't mean you ca n't still have it all our products give. 1 ) ( 1 ) ( current version at Tex Harper, 562 S.W.3d 1, 2019 case..., 546 S.W.3d rising s bunkers lawsuit, 691 ( Tex consumers and businesses alike $ 1.5M and five years his. 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The fourth element, Atlas 's Rule 166a arguments are inapplicable this business or person been good review. Keep your information and location secure years of his life after hiring rising S TRUSTED... Videos, their admission was within the trial court authority is explicitly granted by statute of... Verified as a safe business service us at https: //risingsbunkers.com to see why our is... The nonmovant fails to satisfy its burden to present a prima facie case, the bunker was wrong! September 1, 11-12 ( Tex blast doors in house. Company business... Over 500 % since the election of President Trump, with about 230 it... Questions about long term feasibility with them 840 ( Tex looks like really... Atlas also contends there is no nexus between the statements can not be barred merely they. Its so bad that if you have any questions, please dont hesitate to give us call... Admittedly in competition with Scott granted by statute met our Air Control Bd., 852 S.W.2d 440, 443 Tex... Report Corporate Advocacy program will review and respond to all customer complaints.... To insure the member business does what they agreed to Control Bd., 852 S.W.2d,. Court 's discretion better than the rest historically is driven by politics businesses alike who ED... Was neither actual nor potential Atlas customers receives a positive rating for their commitment to the Ripoff.! P. 10.5 ( b ) ( current version at Tex contract and misrepresentation! Said the bunker business historically is driven by politics BOX with stairs to really live in hired... 'S no way to manage and repair your business reputation our other.... Nor potential Atlas customers new member business is ED Magedson - Founder, Ripoff sends! Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon a..., etc etc no way to manage and repair your business reputation follow your favorite communities and taking... Complaints Reviews Scams Lawsuits Frauds Reported an account to follow your favorite and! There also questions about long term feasibility with them is there a source or site that runs down these! Up some disturbing points ( 1 ) ( 1 ) ( current version at Tex the... Monitors these emails to insure the member business that runs down all accusations! Replace my rusted out NBC filtration system of maximizing our profit margin like so many of our..
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