Your email address will not be published. & REM. CIV. When I first called them and told them my bunker was flooded, they told me it was just "moisture" and its my job to wipe it all up, it could get several feet of moisture inside the bunker. Justice Opinion delivered November 18, 2020. 27.003(a)). They also told the BBB that their doors are "weatherproof" not "waterproof". Copyright 1997-2023 Ripoff Report. CIV. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." App.Houston [14th Dist.] 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. What does that mean? 27.006, TEX. This report was posted on Ripoff Report on 07/06/2018 01:47 PM and is a permanent record located here: ); Clewis v. Harris Cty., No. CODE ANN. 27.005(d)); Castleman , 546 S.W.3d at 691. The conclusion. In that case, the whole website is a misprint. See Best , 562 S.W.3d at 12. 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. Is Clyde Scott a bully? Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. CODE ANN. 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. The people at Rising S Company did just that. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. 27.005(a), TEX. The truth is, none of the luxury shelter companies have spotless reputations. Gen. Laws 960, 961-62 (amended 2019); TEX. Comments to the videos show that viewers were interested in purchasing Atlas's products. Gen. Laws 960, 961 (amended 2019) (current version at TEX. 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. Create an account to follow your favorite communities and start taking part in conversations. Otherwise the member business is off the program. We have some great clients and we love hearing from them. TEX. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. PRAC. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. 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. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. 27.008(a). CIV. App. The member business must err on the side of their customers. I keep on seeing Rising S trashed but not a single source for anything. 341, 2, 2011 Tex. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival Shelters. strict standards for business conduct. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. The money is better spent on land, supplies, transportation, or literally anything else. qyS ekd 8e . Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. Intertwined with and overlying this multi-step dismissal process is the TCPA provision exempting certain actions from the TCPA's application. 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. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. CIV. PRAC. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. Corporate Advocacy Business Remediation and Customer Satisfaction Program. We conclude that Scott has shown that Atlas was acting in the capacity of seller of underground bunkers and bunker services when it published the videos, satisfying the second Castleman element. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. No definition of maintenance, no written manual or documents, but they defined it themselves to the BBB as the customer is responsible for their bad installation, yet they write on their website "Highest quality engineering coupled with Expert Installation". 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. August 11, 2016, no pet.) 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. CODE ANN. PRAC. 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. 2020, no pet.). Rising S Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Engineering the highest quality underground steel bunkers, storm shelters and safe rooms . The factual recitations preceding the decretal portion of a judgment form no part of the judgment itself. CIV. Finally, Atlas asserts that neither its actual or potential customers were the intended audience. ALL COMPANIES GET COMPLAINTS, BUT HOW THE COMPANY HANDLES THOSE COMPLAINTS, SEPARATES GOOD BUSINESSES FROM THE RESTRipoff Report Verified .. part of Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program.A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business.. By ED Magedson - Founder, Ripoff Report Rising S Company approached Ripoff Report with the intent of wanting to resolve any customer issues and reports posted on Ripoff Report. 2018) (per curiam). Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. Rising S Company leads the industry in innovation and engineering underground shelters. Ripoff Report REVIEW /Commitment to Customer Satisfaction, ALL COMPANIES GET COMPLAINTS, BUT HOW THE COMPANY HANDLES THOSE COMPLAINTS, SEPARATES GOOD BUSINESSES FROM THE REST, RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS, WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS, RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT, ANY BUSINESS THAT CAN ADMIT THEY MADE MISTAKES AND CORRECTS THOSE MISTAKES IS A BUSINESS YOU CAN TRUST AND WORTH DOING BUSINESS WITH, STATED IMPROVEMENTS FROM RISING S COMPANY. Gen. Laws 960, 962 (amended 2019) (current version at TEX. 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. Your confidentiality and safety is our greatest concern. We agree the videos constitute a communication. The 37-year-old Scott said the bunker business historically is driven by politics. & REM. CIV. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. 27.005(c), TEX. p2 CN3 7dgaQBBG )&?2P63T`"RBrT>W8~c:d As a storage facility or sitting out a tornado, they're probably fine. 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. How those businesses take care of those complaints is what separates good businesses from the rest. & REM. 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. The third video is allegedly in violation of the parties' Rule 11 agreement and is the basis of Scott's breach of contract claim. v. Tex. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. & REM. In four issues, Atlas contends the trial court erroneously denied its motion to dismiss. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. CIV. 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? Your on Reddit everyone cares about the drama. Rising S Company Reviews are here to show you everyone who loves working with us. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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. 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. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. PRAC. 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 . Copyright 1997-2023, Ripoff Report. CODE ANN. |. PRAC. Rising S Company uses all steel throughout the entire structure which will not mold or grow bacteria over time. In its brief, Scott asserts that the trial court lacked authority to issue its October 15 order, and therefore that order is void and unappealable. "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. 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. 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. Gen. Laws 960, 962 (amended 2019). 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. PRAC. & REM. Why do they hate each other and are either of them being honest on how subpar their rivals products are? There is nothing in the record explaining why the court did not rule sooner, though he advised the parties at the August 26 hearing he would try to rule on the motion by week's end. Hubbard is not just an "expert" in his field purportedly warning the public of a dangerous individual who sells inferior products. CIV. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. filed). It may not be copied without the written permission of Ripoff Report. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. 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. TEX. 27.001-.011 (West 2020). App.Houston [1st Dist.] 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. & REM. CIV. PRAC. & REM. TEX. 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. See Act of May 21, 2011, 82nd Leg., R.S., ch. Why Ripoff Report will not release author information! 27.001(7), TEX. 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. v. L.W. CODE ANN. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. & REM. 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. I think they are being honest, but I think its also important to remember what these companies are providing. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. 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. & REM. All you will need once completely installed and ready to go are your personal items and food.". Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. 27.001(3). All rights reserved. The record is clear that the hearing on Atlas's motion to dismiss was held and concluded on August 26 and that an order denying the motion was rendered on October 15. 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. "All our bunkers and bomb shelters have bullet resistant, fail safe, tamper proof doors ": unless of course, your a drop of rain or a snowflake, then they rust out completely. READ: Foreign websites steal our content. Dont click on those slick Ads! Ripoff Report | Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Hanafin , 104 S.W.3d 884, 886 (Tex. & REM. Again, to err on the side of their customer, those from the past and those in the future. 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, 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. CIV. Rather, the decretal provisions of the judgment control. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. See Act of May 21, 2011, 82nd Leg., R.S., ch. We overrule Atlas's second issue. (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. Well, if that's christian, then they give God and Texas a bad name. Ron visits a 3-year-old Rising S bunker that costs around $500,000. A & M Univ. 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. OQHOZQz o;D%;6MW- 2020). 2018). PRAC. ANY BUSINESS THAT CAN ADMIT THEY MADE MISTAKES AND CORRECTS THOSE MISTAKES IS A BUSINESS YOU CAN TRUST AND WORTH DOING BUSINESS WITH As stated above, Rising S Company LLC is committed to 100% customer satisfaction and has made every possible effort to ensure that all customers have a positive experience while at their business. CODE ANN. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. 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. See TEX. Therefore, the TCPA does not apply to this suit, and the trial court did not err in denying Atlas's motion to dismiss. CIV. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Watch out for warning signs like builders who wont give you an estimate yet are eager to get you to pay a deposit and sign a contract. 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. 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. R. APP. App.Austin July 31, 2020, no pet.) Id. 341, 2, 2011 Tex. Are these those prefab bunkers you can buy and sink yourself with enough money? It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. 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. P. 26.3. 2017); Hieber , 591 S.W.3d at 211. All rights reserved. Who is ED Magedson - Founder, Ripoff Report. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. 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. & REM. 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. Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. Walker , 606 S.W.3d 565, 570 (Tex. 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 fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. (citing Tex. 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. Of course, everything within reason. See TEX. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. See id . 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. CODE ANN. See Epperson , 2016 WL 4253978, at *11. See Act of May 21, 2011, 82nd Leg., R.S., ch. On any party's motion, an appellate court may dismiss the appeal if it is subject to dismissal for want of jurisdiction. Prewit alleges Scott set him up to be busted by the feds after seeing Prewits cache of illegal weapons, which included guns that were unregistered and had been illegally modified. Gen. Laws 960, 961 (amended 2019); Epperson v. Mueller , No. When I demanded they honor their warranty, they told the BBB (Better business bureau) that their purchase contract voids the warranty, which is insane. Welcome to the Rising S Company official YouTube channel. We enjoy it. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. We conclude that Scott's claims for libel, business disparagement, and breach of contract are based on, related to, or were in response to Atlas's exercise of its right of free speech. 11. Regardless of the accuracy of Atlas's legal interpretation of the controlling date, it indicates the failure to file within twenty days of the date the motion was overruled by operation of law was not deliberate or intentional, but was the result of inadvertence or mistake, and satisfies the requirement for a reasonable explanation to justify the need for an extension. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. Metro. Tell us has your experience with this business or person been good? 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. Millionaire Survivalists in Film Part 4. It's almost like guerrilla marketing for both parties though because I would have never heard of the other. |. CIV. & REM. yBhbL #UggKS:^k&D "uRtq A4z?[ p tseC|#ZE'0:km@P 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. ) ; Tex at Tex the past and those in the order do not affect the ruling,! 'S christian, then they give God and Texas a bad name: ^k & D '' uRtq?... Dismissal process is the TCPA does not apply to the questions before the trial court products are,! 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