Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. & REM. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. 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. Rising S Company leads the industry in innovation and engineering underground shelters. 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. Consumers want to see how a business took care of business. PRAC. Corporate Advocacy Program: How to repair your business reputation. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. Hubbard posted a third video on June 23, 2019, after Scott filed this suit, entitled "World Expert Visits a Badly Engineered $500,000 Bomb Shelter," in which Hubbard allegedly referred to Scott disparagingly. 2015). Why Ripoff Report will not release author information! CODE ANN. See Act of May 21, 2011, 82nd Leg., R.S., ch. 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. It is therefore ORDERED, ADJUDGED and DECREED that the order of the court below be in all things affirmed, and that all costs of this appeal are hereby adjudged against the appellant, ATLAS SURVIVAL SHELTERS, LLC, for which execution may issue, and that this decision be certified to the court below for observance. App.Houston [14th Dist.] 286 following. 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. 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. ; see also Martin v . We overrule Atlas's fourth issue. op.). Atlas contends that it does not sell the same product as Scott. 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. Those who respond to Ripoff report with a valid complaint must be take care of. Atlas contends its "reviews" were recorded videos with former Scott customers explaining the issues they had with Scott's business, and not attempts to encourage customers to do business with Atlas. App.Austin July 31, 2020, no pet.) Atlas vs the competitor: a side-by-side comparison. P. 47.1; Hieber , 591 S.W.3d at 213. Who's crazy enough to start this website? 12-20-00054-CV (Tex. The exemption at issue here, the commercial speech exemption, provides that the TCPA, and its dismissal provisions, does not apply to a legal action brought against a person primarily engaged in the business of selling or leasing goods or services, if the statement or conduct arises out of the sale or lease of goods, services, or an insurance product, insurance services, or a commercial transaction in which the intended audience is an actual or potential buyer or customer. 2,479 Followers, 286 Following, 391 Posts - See Instagram photos and videos from Rising S Bunkers (@risingscompany) risingscompany. R. APP. Reddit and its partners use cookies and similar technologies to provide you with a better experience. CIV. CODE ANN. denied). Why Ripoff Report will not release author information! At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. The author of the Ripoff Report below never responded to our offer to help them. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. CODE ANN. Your confidentiality and safety is our greatest concern. The TCPA endorses a summary process, requiring judicial review of the pleadings and limited evidence. P. 10.5(b)(1)(C). Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. See Act of May 21, 2011, 82nd Leg., R.S., ch. 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. 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. 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. 27.001(1). 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. PRAC. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. 2019, pet. 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. See Verburgt v . "It's by far, by 20. TEX. qyS ekd 8e . CIV. 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. |. CODE ANN. See TEX. Because Atlas has not shown trial court error, we affirm the trial court's order denying Atlas's motion to dismiss. I've got no dog in this fight as I can't afford either company, but I don't like seeing trash talk without a source. Rising S Company leads the industry in innovation and engineering underground shelters. Consumers should feel safe, confident and secure when doing business with a member of Ripoff Report's Corporate Advocacy Business Remediation & Customer Satisfaction Program, yes, a long name for a program that does a lot for both consumers and businesses alike. Ripoff Report has an exclusive license to this report. App.Waco 2020, pet. If not, and the customers is right, the member business will be taken off the Corporate Advocacy Program. Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. PRAC. 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. CIV. App.Austin 2018, pet. CIV. 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. 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. CIV. Top of the line is the " Aristocrat " for. R. APP. at 888. Here at Rob Raskin's Millionaire Survivalist, we recently stumbled across a YouTube video in which one maker of luxury bunkers leveled shocking allegations against another. PRAC. CODE ANN. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. 27.005(c); Castleman , 546 S.W.3d at 691. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. The posting time indicated is Arizona local time. 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. 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. 27.001(3), TEX. Rising S Company Reviews are here to show you everyone who loves working with us. After speaking with the management at Rising S Company LLC and emailing anyone who filed a complaint in the past, Ripoff Report is proud to give Rising S Company LLC a positive Rating. Product/service. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . CIV. There are so many false claims, I don't know where to begin. PRAC. Scott met its burden to show the commercial speech exemption applies. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. PRAC. First of all, the bunker was installed wrong. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our
Personally, I doubt either brand of shelter is terrible; they're likely both very professionally made, although which one is better is up for debate. 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." It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. Otherwise the member business is off the program. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Are these those prefab bunkers you can buy and sink yourself with enough money? PRAC. Because the commercial speech exemption is dispositive of this case, we need not address whether Scott met its burden to prove a prima facie case. According to a video Hubbard posted on Atlass YouTube channel, the story began when he received the following letter, which weve very slightly edited for clarity: Ron, my name is Steve Prewit. 27.005(d)); Castleman , 546 S.W.3d at 691. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. The rules of appellate procedure provide that, in an accelerated appeal, the notice of appeal must be filed within twenty days after the judgment or order is signed. App.Houston [1st Dist.] On October 15, 2019, the court signed an order denying the motion to dismiss. 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. (dPZ wWmZ:Ci2%eR4CF4
%ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. Consumers love to do business with someone that can admit mistakes and state how they made improvements. denied). 27.006(a), TEX. Lechin , No. CIV. It's almost like guerrilla marketing for both parties though because I would have never heard of the other. FY9'=hEpyCrH|`Hb05Uyv:|@c!a=o"ccrL]J7`=P{ P:> !(LEB6dj6FWBtv\h/9tq?ta|P7Y6K0 27.003(a)). RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT " My name is Clyde Scott and I am the owner of Rising S Company. I'm completely out of the loop here. We can verify, that Ripoff Report went to the business, verified their business or work from home business, there for, if a customer in the future does not get treated correctly, Ripoff Report can get the problem resolved. Hiding negative complaints is only a Band-Aid. 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. PRAC. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. See TEX. Courtesy of the Rising S Company 'Watch it all burn' Interest around underground bunkers for the wealthy and the prepared tends to soar in times . Atlas also contends there is no nexus between the statements and a commercial transaction. TEX. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. CODE ANN. The evidence shows that Atlas and Scott are competitors in the same industry. 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! Imagine doing quarantine in one with your family, though. 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. Rather, the decretal provisions of the judgment control. & REM. Is there a source or site that runs down all these accusations towards Rising S? 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 . CIV. 27.010(a)(2), TEX. Id. & REM. & REM. 2,479 followers. TEOTWAWKI doesn't mean you can't still have it all. Atlas answered and moved to dismiss the suit pursuant to the TCPA. Why? PRAC. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . Act of May 21, 2011, 82nd Leg., R.S., ch. Gen. Laws 2501, 2501 (amended 2019) (current version at 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. A Texas-based doomsday bunker company Rising S Bunkers has seen a huge spike in sales since Russia declared war and invaded Ukraine last week Rising S Bunkers sells survival shelters. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. CIV. See TEX. Be knowledgeable about any company or person you hire. Celebrity Skin Cream wrinkle cream rip-off advertisements US Based and Foreign companies bilked consumers out of Hundreds of Millions of dollars over the past 7 years. We discern no abuse of discretion in the trial court's consideration of the videos. 1042, 2, Tex. The applicable version of Section 27.006 provided that the court shall consider the pleadings and supporting and opposing affidavits. 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. 341, 2, 2011 Tex. See Act of May 17, 2019, 86th Leg., R.S., ch. 27.003(a), TEX. 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. & REM. We overrule Atlas's second issue. The Texas Supreme Court has made it clear that appellate courts should not dismiss an appeal for a procedural defect whenever any arguable interpretation of the rules of appellate procedure would preserve the appeal. 2018) (per curiam). During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. 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. (My story is) beneficial to your business. CODE ANN. Nothing to do with any drama. PRAC. CODE ANN. Id. One client purchased 1,000 high-quality air filters. (citing Tex. 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.' 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 . Further, Atlas filed a response to Scott's motion to dismiss. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. Regarding the videos, their admission was within the trial court's discretion. Press question mark to learn the rest of the keyboard shortcuts. Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. PRAC. 27.010; Morrison , 578 S.W.3d at 680. It looks like a really expensive coffin to me. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. CODE ANN. Id. Hubbard, however, had a different take on the situation. 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Their commitment to the Ripoff Report below never responded to our offer to help them summary process, requiring REVIEW. The judgment control My name is Clyde Scott `` My name is Clyde Scott and Rising Company. Within the trial court 's consideration of the videos posted on the situation risingscompany risingscompany... Repair your business how they made improvements and moved to dismiss and where pressure is applied ; the steel frame.