Rising S Company leads the industry in innovation and engineering underground shelters. 27.010(a)(2), TEX. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . Also, don't be afraid to ask questions and get additional information until you feel comfortable in allowing them to work for you. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. PRAC. App.Dallas 2016, no pet.) 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. 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. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. We overrule Atlas's second issue. At Rising S Company LLC we pride ourselves in using the highest quality PRODUCTS. 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. Scott and Atlas are competitors in the survival shelter industry. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our
& REM. denied). 1988). Russias Invasion of Ukraine: A Sign of Things to Come? filed). 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. See Tex . Id . 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. Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. 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.). 27.003(a), TEX. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. Good for the consumer though as they bring the shortcomings of the bunkers to light. PRAC. Gen. Laws 960, 962 (amended 2019) (current version at TEX. 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. Therefore, Atlas's Rule 166a arguments are inapplicable. 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. "Decretal" means the granting or denying of the remedy sought. 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. ; see also Martin v . See TEX. (mem. However, they encased my underground bunker in concrete. Consumers love to do business with someone that can admit mistakes and state how they made improvements. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. 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. See TEX. 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." 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. 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. R. APP. filed). CODE ANN. Dont click on those slick Ads! Well unless its our own drama I guess . Attention seeking for marketing.. Another reason to make a YT video or FB post. App. The statute contemplates that the amount and quality of evidence available at the time the motion is filed will be less than that available at trial on the merits or even at the summary-judgment stage. 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. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. R. APP. 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. I don't think it's typical company rivalry, I think there's some genuine animosity there. See TEX. 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. PRAC. Hanafin , 104 S.W.3d 884, 886 (Tex. Ripoff Report has an exclusive license to this report. Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." CIV. App.Austin 2018, pet. CODE ANN. Yes, its a long name for a program that does a lot for both consumers and businesses alike. This element can be restated as asking whether the statement or conduct at issue arose from the sale of services that the defendant provides. Why Ripoff Report will not release author information! Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. (dPZ wWmZ:Ci2%eR4CF4
%ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. 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. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. PRAC. 1998); Verburgt , 959 S.W.2d at 617. CIV. The website made it sound so safe and complete ("just add personal belongings". PRAC. 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. With a 100% Lifetime welds and craftmanship warranty. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. Sols., Ltd., 556 S.W.3d 865, 887 (Tex. CIV. READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner 341, 2, 2011 Tex. Your email address will not be published. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. Rather, Atlas asserts, the videos sought to shed light on business practices that could endanger the public, establish the credibility of Atlas as an expert in the field, show the proper means to construct bunkers, and serve as a demonstration of how a subterranean survival shelter should operate. & REM. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Atlas Survival Shelters, LLC v. Clyde Scott and Rising S Company, LLC Appeal from 294th District Cou. Yes. 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. Nothing to do with any drama. Well, if that's christian, then they give God and Texas a bad name. PRAC. Even if we assume without deciding that September 25 is the correct date, our analysis turns on the fact that Atlas filed its notice of appeal during the fifteen-day time period for extensions applicable to the September 25 denial. Gen. Laws 960, 961-62 (amended 2019); TEX. See Montiel v . March 14, 2019, no pet.) 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 . See TEX. CODE ANN. CIV. at 27.008(b). City of Houston , 976 S.W.2d 676, 677 (Tex. If you're looking for some information that's important to you (such as research for work or learning how to manage your money), then the advice here is to first write down the relevant keywords on a piece of paper to figure out exactly what you want, which will be a lot more efficient. Rising S Company recognized by Ripoff Report Verified as a safe business service. App.Tyler 2017, no pet.). Who is ED Magedson - Founder, Ripoff Report. Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. & REM. CIV. Rising S bunkers range from $40,000 to well over $8 million. Dorner , 959 S.W.2d 615, 616 (Tex. Are these those prefab bunkers you can buy and sink yourself with enough money? 2015). CODE ANN. Consumers love to do business with someone that can admit mistakes and state how they made improvements. 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. v. L.W. 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. CIV. We agree the videos constitute a communication. See Act of May 21, 2011, 82nd Leg., R.S., ch. Corporate Advocacy Business Remediation and Customer Satisfaction Program. 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. Rising S Company will of course always keep your information and location secure. 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. 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. Gen. Laws 960, 962 (amended 2019) (current version at TEX. The rules of civil procedure allow parties to amend pleadings within seven days of trial with leave of court, which is to be granted unless there is a showing of surprise to the opposite party. In the "Lady in Minnesota" video, Hubbard references, shows, and advertises Atlas's products and services in comparison to Scott's products and services. See TEX. CIV. Gen. Laws. A & M Univ. PRAC. 12-20-00054-CV (Tex. & REM. Insurance for tough times. (mem. The "Lady in Minnesota" video opens and ends with the Atlas logo. PRAC. See Morrison v . 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. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. 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. Hiding negative complaints is only a Band-Aid. Patients made into prostitutes and sex slaves, bilking insurance companies out of millions, Sac_County Iowa Prosecutor Ben Smith pays $750,000 to settle Ripoff Report 1983 civil rights lawsuit.. Federal Judge stops prosecutors abuse of power against ED Magedson Founder of Ripoff Report. Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. See Act of May 21, 2011, 82nd Leg., R.S., ch. 341, 2, 2011 Tex. TEX. Your confidentiality and safety is our greatest concern. 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. 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. PRAC. Accordingly, based on the liberal standard for considering untimely appeals, we find this court has jurisdiction to hear Atlas's appeal. Welcome to the Rising S Company official YouTube channel. On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. 27.006(a)). 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies CIV. Scott's argument implicates the question of timeliness of Atlas's notice of appeal. 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. Its the equivalent of Ferrari and Lamborghini yelling at each other over having shitty seats, then proves to the world that they are shitty by finding examples of where they were shitty and making videos about it. Americas largest bunker manufacturer. How those businesses take care of those complaints is what separates good businesses from the rest. I'm guessing because I don't have a dog. 2019, no pet.). CODE ANN. 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. 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. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. I suspect Ron at Atlas genuinely believes Rising S is a subpar product and is going after them for what he considers legitimate faults on their shelter design rather than it being a matter of marketing, although I can't say for sure. Millionaire Survivalists in Film Part 4. PRAC. As a storage facility or sitting out a tornado, they're probably fine. Tell us has your experience with this business or person been good? CIV. Attached to the petition is a printout of online comments made by viewers of the videos. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. In re Lipsky , 460 S.W.3d 579, 589 (Tex. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. 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 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. Hous., LLC , 606 S.W.3d 41, 45 (Tex. Here's why:Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. If you would like to what I have to say, please give me a call. & REM. Castleman , 546 S.W.3d at 691. Copyright 1997-2023 Ripoff Report. yBhbL
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tseC|#ZE'0:km@P & REM. P. 26.1(b). NO. One purpose of the videos was to warn the public about an inferior product that could harm the public, a matter of public concern under the TCPA. 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. & REM. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. R. APP. 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. More than 21,000 viewers watched "Texas Man," and more than 47,000 individuals watched "Lady in Minnesota." I keep on seeing Rising S trashed but not a single source for anything. Rising S Bunkers. 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. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. 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. See id . Patients made into prostitutes and sex slaves, bilking insurance companies out of millions, Sac_County Iowa Prosecutor Ben Smith pays $750,000 to settle Ripoff Report 1983 civil rights lawsuit.. Federal Judge stops prosecutors abuse of power against ED Magedson Founder of Ripoff Report. Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. All you will need once completely installed and ready to go are your personal items and food.". Burying a steel box under the ground is just a dumb thing to do. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. One of the larger Rising S bunkers is buried for a client. CIV. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. 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. 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. Atlas filed its notice of appeal on October 22, 2019. Gen. Laws 960, 961 (amended 2019); Epperson v. Mueller , No. Dont click on those slick Ads! 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. 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 . 2020, pet. Consumers can feel safe confident and secure when doing business with Rising S Company. The conclusion. 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. However, the amendment containing this change became effective September 1, 2019. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. CODE ANN. 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S trashed but not a single source for anything how to get your Report Featured on ALL Pages. Containing this change became effective September 1, 2019, scott filed an amended petition adding for! Some of these complaints will be legitimate while others will not confident and secure when business... Argues that the complained-of statements were unrelated to its capacity as a business!, 2011, 82nd Leg., R.S., ch have more than 21,000 viewers watched Lady. Some genuine animosity there, loud, outspoken dude trash talks competitor and makes a showing oh how great product... Question of timeliness of Atlas 's notice of appeal on October 22, 2019 have say... Prefab bunkers you can buy and sink yourself with enough money respective companies UggKS: ^k D. 1998 ) ; Tex Report Corporate Advocacy Program - Verified Status, how to get your Report on... Both consumers and businesses alike implicates the question of timeliness of Atlas 's appeal make YT! 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