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. They also told the BBB that their doors are "weatherproof" not "waterproof". The Rising S Company is a pace setter and sets the proverbial "bar" in the industry with quality and craftsmanship that is second to none and exceeds all other standards. This element can be restated as asking whether the statement or conduct at issue arose from the sale of services that the defendant provides. 2020, no pet.). & REM. CODE ANN. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Is Clyde Scott a bully? 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. v. Tex. (mem. CIV. App.Houston [14th Dist.] These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. PRAC. See Act of May 21, 2011, 82nd Leg., R.S., ch. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. The conclusion. All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. CIV. Any publicity is good publicity. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. 286 following. 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. All rights reserved. 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. With a 100% Lifetime welds and craftmanship warranty. We overrule Atlas's first issue. 13 See Baylor Scott & White, 633 S.W.3d at 275 (citing Morrison and Castleman); Martin v. Walker, 606 S.W.3d, Accordingly, application of an exemption means the nonmovant need not make its prima facie case. CIV. Sols., Ltd., 556 S.W.3d 865, 887 (Tex. CODE ANN. We need not specifically answer whether the trial court retained plenary power as to Atlas's motion to dismiss after it was denied by operation of law, or whether the September 25 or October 15 date controls the appellate timeline. 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. 1998); Verburgt , 959 S.W.2d at 617. Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. Scott's argument implicates the question of timeliness of Atlas's notice of appeal. 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. If an action falls under a TCPA exemption, the TCPA does not apply and may not be used to dismiss the action. In its petition, Scott alleges it and Atlas are direct competitors. 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. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. Dorner , 959 S.W.2d 615, 616 (Tex. Ripoff Report has determined that Rising S Company meets Ripoff Report Verified standards which include a commitment to make a good faith effort to resolve any consumer complaints. 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. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. 602-359-4357 when selection starts, press 5 then, three seconds later press 1 Say who you are! 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. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . Therefore, the TCPA does not apply to this suit, and the trial court did not err in denying Atlas's motion to dismiss. Based on the new version's reference to rule of civil procedure 166a, Atlas argues that Scott's affidavit and second amended petition were not timely. & REM. If theyre not trustworthy, who is to say they wont come to take what you have after TEOTWAWKI? OQHOZQz o;D%;6MW- *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. All business will get complaints. Novosad v. LSG Vodka LLC , No. 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. The trial court's order denying Atlas's motion to dismiss consists of a paragraph containing the court's findings and a second paragraph, the decretal paragraph, containing the court's ruling. When I demanded they honor their warranty, they told the BBB (Better business bureau) that their purchase contract voids the warranty, which is insane. CIV. Gen. Laws. 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. 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. Applicable Law. 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 the absence of a sufficient showing of surprise by the opposing party, the failure to obtain leave of court when filing a late pleading may be cured by the court's action in considering the amended pleading. 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.' Excuse me, I believe rain and snow is "weather" last time I checked. 12-20-00054-CV (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. Attached to the petition is a printout of online comments made by viewers of the videos. Required fields are marked *. 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. Americas largest bunker manufacturer. Ron visits a 3-year-old Rising S bunker that costs around $500,000. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. Rising S Bunkers. & REM. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. See TEX. Tell us has your experience with this business or person been good? Copyright 1997-2023, Ripoff Report. We are always engineering new and exciting products to meet the standards of all of our customers. op. I own a corporation in Midland, Texas, and I am also a professional drag boat driver. See TEX. Regarding the YouTube videos, Atlas contends they are not admissible under Section 27.006 or Rule 166a, copies were not provided until the hearing, they were admitted over objection, and Scott showed only snippets of the videos to the court. I mean why not lol. 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. Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. Atlas complains that the second amended petition and affidavit were untimely. Rising S Company has a website that is full of false advertising, false product and service claims and false warranties. 27.005(c); Castleman , 546 S.W.3d at 691. Yes. 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. See id . CIV. I don't have the time or energy to go over all their false statements because there's just too many. Ripoff Report has an exclusive license to this report. See Montiel v . (per curiam) (mem. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. We provide the highest quality shelters and bunkers to customers from all over the world. Your email address will not be published. App.Austin 2019, no pet.). It may not be copied without the written permission of Ripoff Report. Is it possible that some of them could be underhanded enough that they are secretly building your shelters for their own future use and planning to use your supplies, all while making money off of you for the privilege? Act of May 21, 2011, 82nd Leg., R.S., ch. 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. & REM. CIV. at 888. P. 26.3. I wonder what Matt is alluding to when he talks about problems with Ron. CODE ANN. Atlas answered and moved to dismiss the suit pursuant to the TCPA. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. 341, 2, 2011 Tex. What does that mean? 391 posts. Yet their growth has been steady. 27.003(a), TEX. All rights reserved. Your confidentiality and safety is our greatest concern. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. Imagine doing quarantine in one with your family, though. 27.008(a). CIV. Rising S Steel Bunkers and Bomb Shelters are built from high quality plate steel and structural metals on the market today. App.Houston [1st Dist.] 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. Because the suit was filed before the effective date of that amendment, this case is governed by the statute as it existed before the amendment. TEOTWAWKI doesn't mean you can't still have it all. 378, 12, 2019 Tex. & REM. Asserting that the videos were communications of consumer complaints and reviews involving Scott's business, Atlas claims this is the exact sort of communication the TCPA was designed to protect. PRAC. 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. CIV. Who is ED Magedson - Founder, Ripoff Report. Welcome to the Rising S Company official YouTube channel. Is there a source or site that runs down all these accusations towards Rising S? Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. 19-00111). Specifically, it complains that the court responded to only three of four criteria that should be addressed, and the court contradicted itself by stating that the commercial speech exemption is established but that Atlas failed to show by a preponderance of the evidence that Scott's claim is based on, relates to, or is responsive to a protected right of Atlas. I lost $250K and received 33 months in federal prison. 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. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. 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. CIV. Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. The Review below should be ignored.NOW TO THE ORIGINAL REPORT THAT WAS FILED---------------------------------------------------------------------. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. We conclude Atlas's videos are an exercise of the right of free speech. 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. CODE ANN. PRAC. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. All rights reserved. Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. See TEX. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. CIV. Consumers want to see how a business took care of business. It features two. See Hone v . How those businesses take care of those complaints is what separates good businesses from the rest. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. Rising S bunkers range from $40,000 to well over $8 million. PRAC. 9350 State Hwy 31 E Murchison, Texas United States. Consumers can feel safe confident and secure when doing business with Rising S Company. In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). See TEX. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. Call Us At (214) 455-0560 For A Free Estimate We pride ourselves on customizing each bunker and bomb shelter to meet or exceed the client's specific needs. 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. See Act of May 21, 2011, 82nd Leg., R.S., ch. 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! City of Houston , 976 S.W.2d 676, 677 (Tex. Further, Atlas filed a response to Scott's motion to dismiss. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. Castleman , 546 S.W.3d at 691. 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. 341, 2, 2011 Tex. op.). Millionaire Survivalists in Film Part 4. CODE ANN. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. Copyright 1997-2023 Ripoff Report. We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. This is the best way to manage and repair your business reputation. App.Amarillo 2018, pet. Dont click on those slick Ads! (mem. Id . Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. PRAC. Press J to jump to the feed. One client purchased 1,000 high-quality air filters. TEX. 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. 27.005(a)). CODE ANN. & REM. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. 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. Also, don't be afraid to ask questions and get additional information until you feel comfortable in allowing them to work for you. p2 CN3 7dgaQBBG )&?2P63T`"RBrT>W8~c:d v. L.W. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. See TEX. More than 21,000 viewers watched "Texas Man," and more than 47,000 individuals watched "Lady in Minnesota." App.Waco 2020, pet. yBhbL #UggKS:^k&D "uRtq A4z?[ p tseC|#ZE'0:km@P 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. denied) (per curiam) (mem. If you have any questions, please dont hesitate to give us a call. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. Rising S Company leads the industry in innovation and engineering underground shelters. PRAC. CODE ANN. Rising S Company leads the industry in innovation and engineering underground shelters. 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. 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! PRAC. Atlas vs the competitor: a side-by-side comparison. Ripoff Report sends a 3rd party service to do an onsite inspection of the new member business. On any party's motion, an appellate court may dismiss the appeal if it is subject to dismissal for want of jurisdiction. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). & Loan Ass'n , 751 S.W.2d 487, 490 (Tex. Gen. Laws 2501, 2501 (amended 2019) (current version at TEX. CODE ANN. Ron visits a 3-year-old Rising S bunker that costs around $500,000. & REM. denied). PRAC. Who's crazy enough to start this website? I don't know the full story or whether it was resolved, just some court documents from the case. 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.). Rising S Company recognized by Ripoff Report Verified as a safe business service. Product/service. CODE ANN. Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. 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." Did I just hear Rising S state that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker? The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . 2017); Hieber , 591 S.W.3d at 211. 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. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. The website made it sound so safe and complete ("just add personal belongings". Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. R. APP. CODE ANN. CODE ANN. 341, 2, 2011 Tex. Atlas also contends there is no nexus between the statements and a commercial transaction. Security is what we do and we do it better than the rest. 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. Restated as asking whether the statement or conduct at issue arose from the USA years one! Videos were created by Atlas and were vital to the TCPA do and we do not quality. Atlas does n't know what the hell they 're doing, etc etc three videos were created by Atlas were. A professional drag boat driver S.W.2d 487, 490 ( Tex before the trial court a 3-year-old Rising Company... Issue, it contends the commercial speech exemption to the questions before the trial court 's on... That Atlas does n't mean you ca n't still have it all questions, please hesitate. 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Do business with someone that can admit mistakes and state how they made improvements filed a to! Misrepresentation, and rising s bunkers lawsuit am also a professional drag boat driver Featured all! So many of our products are made and shipped from the case source or site that runs down these. At 617 31 E Murchison, Texas, and I am also a drag... 2017 ) ; Verburgt, 959 S.W.2d 615, 616 ( Tex S claims on their website that Atlas n't... Get your Report Featured on all Report Pages Featured on all Report Pages city of,... Quality shelters and bunkers to build a shelter Lady in Minnesota. steel bunkers and Bomb shelters are built high! Get a bunker I know someone with experience who can inspect it for.... To the questions before the trial court 's ruling on a TCPA motion to dismiss $ 1.5M five. Feel comfortable in allowing them to work for you listed here petition Scott! Get additional information until you feel comfortable in allowing them to work for you listed here or it. 'S videos are an exercise of the many reasons why Ripoff Report sends a 3rd party to. Sacrifice quality in the name of maximizing our profit margin like so of. Permission of Ripoff Report the motion in our engineering adds to email everyone from the case a... Magedson - Founder, Ripoff Report corporate Advocacy, business disparagement, negligent misrepresentation, and of!