341, 2, 2011 Tex. See TEX. See TEX. CODE ANN. 27.003(a), TEX. This is the best way to manage and repair your business reputation. 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! See TEX. Russias Invasion of Ukraine: A Sign of Things to Come? 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. 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). Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. 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! However, the amendment containing this change became effective September 1, 2019. TEX. See id . Gen. Laws 960, 962 (amended 2019) (current version at TEX. Excuse me, I believe rain and snow is "weather" last time I checked. See Nelson v . 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. CODE ANN. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Gen. Laws. & REM. During its construction, Scott observed Prewit firing and selling these weapons. 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. 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. Ron visits a 3-year-old Rising S bunker that costs around $500,000. 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 . See Act of May 21, 2011, 82nd Leg., R.S., ch. 11. Well unless its our own drama I guess . 27.005(b). & REM. He describes this decision as fighting back against a bully and punching him in the mouth. He then went on to describe Rising Ss business model as being based on ruining their competitors. TEX. Id. The factual recitations preceding the decretal portion of a judgment form no part of the judgment itself. The "Lady in Minnesota" video opens and ends with the Atlas logo. PRAC. 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. The term "communication" is defined as "the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual, or electronic." Finally Atlas ha. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". CIV. The TCPA further provides that the appellate court shall expedite an appeal from a trial court order on a motion to dismiss under Section 27.003 or from a trial court's failure to rule on that motion in the time prescribed by Section 27.005. 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. 27.001(1). Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. All rights reserved. This court overruled Scott's motion and set the case for submission. See Hawkins , 606 S.W.3d at 44 n.2. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. App.Austin July 31, 2020, no pet.) 27.001(7), TEX. 21.001(3), TEX. PRAC. If theyre not trustworthy, who is to say they wont come to take what you have after TEOTWAWKI? When I asked where my surveillence cameras were, they said it was a misprint, which is still there, and has never been corrected. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. Tell us has your experience with this business or person been good? & REM. Scott's petition alleges that, in the "Texas Man" video, Atlas "advertises the ease of installing Defendant's bunkers and asks viewers to email or call him if they are interested in one of Defendant's bunkers.". Your confidentiality and safety is our greatest concern. Ripoff Report | Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. CIV. In 2012, I made the mistake of doing business with Clyde Scott of the Rising S company. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. 2020, pet. Scott met its burden to prove the third Castleman element. CIV. Atlas argues that its statements were unrelated to its capacity as a seller of its bunkers. 27.001-.011 (West 2020). It features two. It also the first place to flood in case of a non water tight environment. See Act of May 24, 2013, 83rd Leg., R.S., ch. 1993)). Any publicity is good publicity. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. I don't think it's typical company rivalry, I think there's some genuine animosity there. 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. When a business joins the Corporate Advocacy Program, Ripoff Report emails everyone from the past so the member business can make things right with them. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. The posting time indicated is Arizona local time. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival Shelters. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . All business will get complaints. We provide the highest quality shelters and bunkers to customers from all over the world. 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. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." Rising S Company - Bunkers and Shelters Clyde Wayne Scott, Managing Partner Gary Lynch, Murchison Texas, ABOUT THE RIPOFF REPORT BELOW:Ripoff Report would like to let readers know that Ripoff Report emailed this customer, so the member business could make things right with them. There is no statutory authority for this court to review the denial of Atlas's motion to strike. CODE ANN. That YouTube video that sparked your interest, has done nothing but promote both companies. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. See Act of May 17, 2019, 86th Leg., R.S., ch. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. Welcome to the Rising S Company official YouTube channel. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. 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. See Jones v . 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? 27.005(d), TEX. 341, 2, 2011 Tex. On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. App.Austin 2018, pet. Rising S Company receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. op.). 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. 341, 2, 2011 Tex. Consumers want to see how a business took care of business. Did I just hear Rising S state that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker? 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. Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. App.Houston [14th Dist.] Even though they manufacture the doors, when it leaks, its not a defect, according to them. Rising S Company leads the industry in innovation and engineering underground shelters. Atlas also contends there is no nexus between the statements and a commercial transaction. Gen. Laws 960, 962 (amended 2019) (current version at TEX. After Atlas filed its notice of appeal in this court, Scott moved to dismiss the appeal for want of jurisdiction because the notice of appeal was filed more than twenty days after the motion to dismiss was denied by operation of law. 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.). 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. denied). denied); Grant v. Pivot Tech. 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. 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. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. Copyright 1997-2023 Ripoff Report. CODE ANN. Hiding negative complaints is only a Band-Aid. Say we owe over $22,000.00 for the rest of their so called contract !!!!!! PRAC. Copyright 1997-2023, Ripoff Report. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. 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. 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. |. CIV. Rising S Company is dedicated to customer satisfaction and technology. Your email address will not be published. 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. 27.006(a). What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. PRAC. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. 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. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. I'm completely out of the loop here. I wonder what Matt is alluding to when he talks about problems with Ron. FY9'=hEpyCrH|`Hb05Uyv:|@c!a=o"ccrL]J7`=P{ P:> !(LEB6dj6FWBtv\h/9tq?ta|P7Y6K0 Why? 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 its fourth issue, Atlas contends the trial court erred by improperly allowing Scott's second amended petition and affidavit, the complained-of videos, and live testimony to be considered at the hearing on its motion to dismiss. We also value our potential customers, so we take time to discuss our business and products at length with anyone interested in additional security solutions. App.Amarillo 2018, pet. The Rising S Company is a pace setter and sets the proverbial "bar" in the industry with quality and craftsmanship that is second to none and exceeds all other standards. RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS" Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. 341, 2, 2011 Tex. Atlas's arguments are based in large part on the current version of Section 27.006(a) which provides that, in considering whether a legal action is subject to or should be dismissed under Chapter 27, the trial court shall consider the pleadings, evidence a court could consider under Texas Rule of Civil Procedure 166a, and supporting and opposing affidavits. Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. Why Ripoff Report will not release author information! ); Clewis v. Harris Cty., No. Gen. Laws 960, 962 (amended 2019) (current version at TEX. He claims these dissatisfied customers improperly installed their own bunker after purchasing it from him. Freedom of Speech. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. honestly, both companies are still in business, which means they aren't being sued out of existence, so they both must be doing something right. See Epperson , 2016 WL 4253978, at *11. Make your practice more effective and efficient with Casetexts legal research suite. CODE ANN. The difference between Rising S Bunkers and other companies is passion. CIV. 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. 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. Atlas vs the competitor: a side-by-side comparison. Our initial inquiry is always whether we have jurisdiction over an appeal. PRAC. Here, although there are differences in how Scott's and Atlas's shelters are built, they each sell the same kind of good, underground survival shelters, in the market place to a common customer base. Good for the consumer though as they bring the shortcomings of the bunkers to light. 2017); Hieber , 591 S.W.3d at 211. See TEX. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. I don't know the full story or whether it was resolved, just some court documents from the case. (per curiam) (mem. Doesn't matter, it shifted anyway. 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. In an interview with Hubbard, Prewit said he came forward with his story not for his own sake, but rather for the safety of the public, who needs to know that this situation is a possibility. 27.006(a)). Oct. 13, 2015, pet. Be knowledgeable about any company or person you hire. 1998); Verburgt , 959 S.W.2d at 617. CIV. You can see the shocking Atlas Bunkers video here. denied). 14-15-00424-CV, 2015 WL 5935825, at *1 (Tex. v. L.W. & Loan Ass'n , 751 S.W.2d 487, 490 (Tex. Who's crazy enough to start this website? Id. "Decretal" means the granting or denying of the remedy sought. App.Austin 2019, no pet.). *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. August 11, 2016, no pet.) CIV. Gen. Laws 960, 961-62 (amended 2019); TEX. Rising S Company is confident about their shelters craftsmanship and engineering, so you can be too. See Montiel v . See Best , 562 S.W.3d at 12. (mem. at 27.008(b). In the future, if anyone has any complaints or concerns with Rising S Company LLC, you are invited to contact them directly via email: bunkerfilters@gmail.com (again, please be sure to cc: EDitor@ripoffreport.com so we can keep track of the company's response and to insure customer satisfaction). Further, Atlas filed a response to Scott's motion to dismiss. However, the petition did not include new causes of action, and the affidavit addressed issues raised in prior pleadings. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. & REM. PRAC. A hearing on the motion to dismiss was held on August 26, 2019. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. CODE ANN. & REM. 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. Be sure to contact us with your questions and comments about any business that is part of the Corporate Advocacy Business Remediation and Customer Satisfaction Program. Nothing to do with any drama. 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