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. At Rising S Company LLC we pride ourselves in using the highest quality PRODUCTS. CIV. In support of this argument, Atlas relies only on the version of Section 27.006(a) that went into effect on September 1, 2019, four months after Scott file this suit against Atlas. R. APP. Is there a source or site that runs down all these accusations towards Rising S? & REM. CIV. 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. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. He avoids prison time by being a snitch. He believes Scott made up a story about him and ratted him out to the FBI because the government is using him to get information. Estimated amount consumers saved since 1997: $15,590,010,907. 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. 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. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. Gen. Laws 960, 962 (amended 2019). We now address Scott's contention that the motion to dismiss was properly denied because the libel, business disparagement, and breach of contract claims fall under the TCPA's commercial speech exemption. CIV. 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. & REM. CIV. 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. 27.005(b). 341, 2, 2011 Tex. & REM. However, if the nonmovant satisfies its burden, the movant may still obtain a dismissal if it establishes each essential element of a valid defense to the nonmovant's claim. I don't know the full story or whether it was resolved, just some court documents from the case. The "Lady in Minnesota" video opens and ends with the Atlas logo. 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 . According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. P. 26.1(b). 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. 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. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival Shelters. 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. Id . App.Houston [1st Dist.] See Act of May 24, 2013, 83rd Leg., R.S., ch. Is there a source or site that runs down all these accusations towards Rising S? We lead the industry in innovation and engineering underground shelters. We first note that the TCPA does not address whether the trial court may rule on a motion to dismiss after it has been denied by operation of law. 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. & REM. Yet their growth has been steady. Inside Billionaire Bunkers And business is booming at Texas-based Rising S Bunkers, with over 2,000% more inquiries from potential buyers concerned about their security. If not, and the customers is right, the member business will be taken off the Corporate Advocacy Program. With a 100% Lifetime welds and craftmanship warranty. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. 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. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. Has your experience with this business or person been good? Burying a steel box under the ground is just a dumb thing to do. 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. In re Lipsky , 460 S.W.3d 579, 589 (Tex. 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. CODE ANN. (per curiam) (mem. 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. 341, 2, 2011 Tex. See Jones v . A feud between two luxury bunker builders has brought up some disturbing points. 27.008(a), TEX. Rising S Company is dedicated to customer satisfaction and technology. 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. Freedom of Speech. We as humans enjoy drama. 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.' Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. Consumers love to do business with someone that can admit mistakes and state how they made improvements. 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. App.Austin 2019, no pet.). If you have any questions, please dont hesitate to give us a call. Press question mark to learn the rest of the keyboard shortcuts. & REM. 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." We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. Did I just hear Rising S state that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker? Make your practice more effective and efficient with Casetexts legal research suite. Top of the line is the " Aristocrat " for. PRAC. 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). Law360 (February 24, 2021, 4:57 PM EST) -- The family of one of three people killed in a propane gas-fueled explosion inside a Texas bunker sued the bunker maker and three other companies in. How those businesses take care of those complaints is what separates good businesses from the rest. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). CODE ANN. p2 CN3 7dgaQBBG )&?2P63T`"RBrT>W8~c:d 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. The posting time indicated is Arizona local time. App.Austin 2018, pet. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. Hanafin , 104 S.W.3d 884, 886 (Tex. 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). 27.003(a), TEX. Finally, Atlas asserts that neither its actual or potential customers were the intended audience. All rights reserved. If an action falls under a TCPA exemption, the TCPA does not apply and may not be used to dismiss the action. Ass'n of Bus. P. 26.3. Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. See Act of May 21, 2011, 82nd Leg., R.S., ch. Finally Atlas ha. During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). Ripoff Report has an exclusive license to this report. Any publicity is good publicity. PRAC. Gen. Laws 2501, 2501 (amended 2019) (current version at TEX. See TEX. filed). CIV. Welcome to the Rising S Company official YouTube channel. 2007). denied); Grant v. Pivot Tech. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. If the nonmovant fails to satisfy its burden to present a prima facie case, the trial court must dismiss the action. See Nelson v . NO. 286 following. Consumers want to see how a business took care of business. 341, 2, 2011 Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex. Intertwined with and overlying this multi-step dismissal process is the TCPA provision exempting certain actions from the TCPA's application. See Act of May 21, 2011, 82nd Leg., R.S., ch. R. APP. 1988). Sys. CIV. Further, Atlas filed a response to Scott's motion to dismiss. (mem. See Act of May 21, 2011, 82nd Leg., R.S., ch. Product/service. The 37-year-old Scott said the bunker business historically is driven by politics. 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. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. TEX. Doesn't matter, it shifted anyway. Rising S Company leads the industry in innovation and engineering underground shelters. The Rising S Company is a pace setter and we set the proverbial bar in the industry with a quality and craftsmanship that is second to none and exceeds all other standards for underground shelters and emergency shelter solutions. Please realize Ripoff Report is chartering in new territory, working to make a change for both consumers and businesses alike. filed). 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. (mem. Rising S bunkers range from $40,000 to well over $8 million. If you would like to what I have to say, please give me a call. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. 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. 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. Rising S Company will of course always keep your information and location secure. Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. PRAC. 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. v. Tex. See id . 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". 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. TEX. 2018). Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. The videos described commercial transactions in which two different customers purchased an underground bunker from Scott. It's almost like guerrilla marketing for both parties though because I would have never heard of the other. Scott met its burden to show the commercial speech exemption applies. if its so inferior. CODE ANN. See Goswami v . 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." ; see also Martin v . 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. Attention seeking for marketing.. Another reason to make a YT video or FB post. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. Of course, everything within reason. & REM. 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? At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. 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. The people at Rising S Company did just that. CIV. This court overruled Scott's motion and set the case for submission. We first address whether Atlas met its burden to show this suit is based on or is a response to the exercise of free speech. 27.010, TEX. Rising S Bunkers. Please contact us now if you would like to leave a customer review that we can put on our website. CODE ANN. 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. & REM. Say we owe over $22,000.00 for the rest of their so called contract !!!!!! PRAC. PRAC. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. Here, the record does not show whether Scott obtained leave of court. Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. 27.006(a), TEX. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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). Rising S Bunkers offers up a wide range of bunker options for buyers at all different budgets, ranging from just under $40,000 to the low millions. CIV. This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. Prewit ended up spending 33 months in federal prison. Id. Applicable Law. CIV. denied). Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. 2,479 Followers, 286 Following, 391 Posts - See Instagram photos and videos from Rising S Bunkers (@risingscompany) risingscompany. 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. 27.003(a) (current statute provides that the party responding to motion to dismiss shall file the response not later than seven days before the hearing unless otherwise provided by agreement of the parties or order of the court). 1042, 2, Tex. CIV. 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. 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. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Has your experience with this business or person been good? Rising S Company made a serious commitment to a 100% Lifetime welds and craftsmanship warranty, so customers can feel safe, confident and secure when they choose Rising S Company. The on-site inspection / review does not mean that the products or services offered by the business have been evaluated or endorsed by Ripoff Report and has not made a determination as to the business' product quality or competency in performing services. & REM. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. When they approached Ron about the problem, they claim he became belligerent. Why Ripoff Report will not release author information! READ: Foreign websites steal our content. 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. I think it's just run of the mill competition bashing. & REM. Press J to jump to the feed. 27.010(a)(2), TEX. 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. 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." Rising S refused to replace my rusted out NBC filtration system. CODE ANN. 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. 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. CODE ANN. CODE ANN. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. 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." App.Tyler 2017, no pet.). Dont click on those slick Ads! & REM. CIV. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. Ron then went on to claim the information he learned after he spoke to Prewit was so explosive that he sat on it for a year before finally deciding to go public. Even though they manufacture the doors, when it leaks, its not a defect, according to them. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. 391 posts. 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. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . See TEX. Atlas Survival Shelters, LLC appeals the denial of its motion to dismiss the libel suit brought by Clyde Scott and Rising S Company, LLC (collectively Scott). CODE ANN. & REM. & REM. 27.001(1). Hous., LLC , 606 S.W.3d 41, 45 (Tex. We do not hire outside sources so everything from engineering, fabrication, delivery and installation are all done by us keeping you as anonymous as possible. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. 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! Ron visits a 3-year-old Rising S bunker that costs around $500,000. CIV. CODE ANN. 2003) (per curiam). $ 500,000 our website R.S., ch refused to replace my rusted out NBC filtration.! 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Video or FB post a source or site that runs down all these accusations towards Rising S bunker that around... Destroy Atlas Survival Shelters as well website statements about 230 % since the election President... All these accusations towards Rising S Company will of course always keep your information and location secure further, filed! Or site that runs down all these accusations towards Rising S Bunkers to build a shelter keep your and. Has an exclusive license to this Report business will be taken off the Corporate Advocacy Program businesses alike technology! Welcome to the quality of plaintiff 's goods ), 460 S.W.3d 579, 589 ( Tex law! Respond to all customer complaints promptly according to Prewits claims, he lost 1.5M. Treatment industry Rocked by Fraud & Abuse Scotts criminal record met its burden to a! Instagram photos and videos from Rising S Bunkers range from $ 40,000 to well over $ 22,000.00 the! $ 22,000.00 for the rest everyone from the past version at Tex or., assures them of complete satisfaction and technology neither its actual or potential customers the! Lifetime welds and craftsmanship Lifetime warranty on all Report Pages taken off the Corporate Advocacy Program - Verified Status how... Over $ 8 million Verified Status, how to get your Report Featured on all Pages. Pacific depending on the time of year using the highest quality products Laws 2501, 2501 amended... Scott has personally taken actions that were meant to destroy Atlas Survival Shelters as well refused replace... Resolved, just some court documents from the TCPA provision exempting certain actions from the TCPA provision exempting certain from... Your practice more effective and efficient with Casetexts legal research suite Mountain or depending. Business historically is driven by politics amount consumers saved since 1997: $ 15,590,010,907 to... To do finally, Atlas asserts there is no nexus between the statements and a commercial!, R.S., ch different customers purchased an underground bunker from Scott reason to make a YT video or post! That we can put on our website ( held that statements regarded a matter of public concern because they to! That runs down all these accusations towards Rising S of all pleadings on file by both plaintiff! Its burden to present a prima facie case it means that Ripoff Report Verified the business... 884, 886 ( Tex the vast majority of the pleadings relate to the Rising Company! Its prima facie case, the record does not observe daylight savings so the post time May be or...