https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. App.Houston [14th Dist.] READ: Foreign websites steal our content. Otherwise the member business is off the program. 1997). 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. 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.". We as humans enjoy drama. CODE ANN. CODE ANN. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. They also told the BBB that their doors are "weatherproof" not "waterproof". (My story is) beneficial to your business. 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. Those who respond to Ripoff report with a valid complaint must be take care of. denied). See TEX. See Montiel v . CIV. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. App.Houston [1st Dist.] Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. Dont click on those slick Ads! NO. Although Atlas did not file a motion to extend time to file the notice of appeal pursuant to Rule 26.3, because it tendered a notice of appeal within that fifteen-day time period beginning October 15, we imply that it filed a motion to extend. If the trial court does not issue a timely ruling, the motion is considered to have been denied by operation of law and the moving party may appeal. Metro. PRAC. TEX. 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. Who is ED Magedson - Founder, Ripoff Report. First of all, the bunker was installed wrong. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. 286 following. Attached to the petition is a printout of online comments made by viewers of the videos. Copyright 1997-2023 Ripoff Report. Hubbard, however, had a different take on the situation. 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. 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 . A feud between two luxury bunker builders has brought up some disturbing points. All rights reserved. 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. 27.010, TEX. See Act of May 21, 2011, 82nd Leg., R.S., ch. 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. 13 See Baylor Scott & White, 633 S.W.3d at 275 (citing Morrison and Castleman); Martin v. Walker, 606 S.W.3d, Accordingly, application of an exemption means the nonmovant need not make its prima facie case. Gen. Laws 2501, 2501 (amended 2019) (current version at TEX. I'm guessing because I don't have a dog. Yes, Atlas is THE place to go. CIV. 27.005(c); Castleman , 546 S.W.3d at 691. CODE ANN. Press J to jump to the feed. We provide the highest quality shelters and bunkers to customers from all over the world. 2019, no pet.). Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. & REM. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. P. 26.1(b). 27.001(1). Rising S Bunkers. Id. CIV. 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. & REM. The applicable version of Section 27.005(a) required the trial court to rule on a TCPA dismissal motion not later than the thirtieth day following the date of the hearing on the motion. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Doesn't matter, it shifted anyway. CODE ANN. 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. 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. 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. Remember, Ripoff Report emailed every customer from the past that filed a complaint to make sure the member business made things right with customers from the past. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 2018) (per curiam). The factual recitations preceding the decretal portion of a judgment form no part of the judgment itself. P. 10.5(b)(1)(C). so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. Copyright 1997-2023 Ripoff Report. Rising S Blog Contact Us Home / Bomb Shelters | Pricing and Floor Plans / Bunker Options Bunker Options We Deliver And Install Anywhere In The World! Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. If the nonmovant fails to satisfy its burden to present a prima facie case, the trial court must dismiss the action. Atlas explained its belief that the October 15 written order modified the earlier denial of its motion by operation of law thereby beginning the time to file a notice of appeal on that date, making the notice of appeal timely filed well within the requisite twenty-day period. 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. 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. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. The Review below should be ignored.NOW TO THE ORIGINAL REPORT THAT WAS FILED---------------------------------------------------------------------. See Best , 562 S.W.3d at 12. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. CODE ANN. |. Even though they manufacture the doors, when it leaks, its not a defect, according to them. Of course, everything within reason. CODE ANN. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. In both videos, Mr. Hubbard opens by saying "welcome back to another episode of Atlas Survival Shelters" and states that Rising S is a competitor of his. op.). 27.005(d), TEX. 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 Jones v . 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. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. Hous., LLC , 606 S.W.3d 41, 45 (Tex. Consumers love to do business with someone that can admit mistakes and state how they made improvements. 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. A feud between two luxury bunker builders has brought up some disturbing points. 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. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. CODE ANN. App.San Antonio 2019, no pet.). filed). Rising S Company Reviews are here to show you everyone who loves working with us. 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.' See In re Panchakarla , 602 S.W.3d 536, 540 (Tex. 341, 2, 2011 Tex. PRAC. If youre thinking about having a bunker built one thing is certain, and thats the importance of doing your research before you hire any company. 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. I wonder what Matt is alluding to when he talks about problems with Ron. The difference between Rising S Bunkers and other companies is passion. 27.001(3), TEX. 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. 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 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. How those businesses take care of those complaints is what separates good businesses from the rest. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. Are these those prefab bunkers you can buy and sink yourself with enough money? Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. 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. See Tex . & REM. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. & REM. Ripoff Report has an exclusive license to this report. He further claims Scott rolled on him to the FBI, falsely claiming to them that Prewit had a 40-man militia that called him Colonel. The next time they came out they had an FBI agent among their crew members. App.Waco 2020, pet. 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. Please contact us now if you would like to leave a customer review that we can put on our website. CODE ANN. See Hone v . 2020). Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. One client purchased 1,000 high-quality air filters. 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. 27.008(a), TEX. Nov. 18, 2020). Why Ripoff Report will not release author information! Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. 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. Members of the Corporate Advocacy Business Remediation and Customer Satisfaction program do pay a fee for our on-site review, 24-hour monitoring and for support with customers to resolve any disagreements. Castleman , 546 S.W.3d at 691. Ripoff Report always monitors these emails to insure the member business does what they agreed to. If an action falls under a TCPA exemption, the TCPA does not apply and may not be used to dismiss the action. 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. CIV. CIV. One of the larger Rising S bunkers is buried for a client. In that case, the whole website is a misprint. 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. Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. Your email address will not be published. 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 argues that its statements were unrelated to its capacity as a seller of its bunkers. Is there a source or site that runs down all these accusations towards Rising S? Rising S refused to replace my rusted out NBC filtration system. Product/service. CODE ANN. 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! CODE ANN. 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. 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. Atlas complains that the second amended petition and affidavit were untimely. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. During its construction, Scott observed Prewit firing and selling these weapons. & REM. denied); Grant v. Pivot Tech. CIV. It means that if a customer requests a refund and if there is any reasonable basis for that request, we expect the customer will be given a prompt refund (some refund requests may not be reasonable, so this does not mean a refund is guaranteed in every case). Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. I keep on seeing Rising S trashed but not a single source for anything. Gen. Laws 960, 962 (amended 2019) (current version at TEX. All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. 21.001(3), TEX. Hanafin , 104 S.W.3d 884, 886 (Tex. CIV. Russias Invasion of Ukraine: A Sign of Things to Come? 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. CIV. App.Houston [14th Dist.] Rising S Company recognized by Ripoff Report Verified as a safe business service. Further, regardless of whether the motion was denied by operation of law or by the October 15 order, our review of the denial will be de novo such that any factual recitations would be irrelevant in our analysis. This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. The website made it sound so safe and complete ("just add personal belongings". Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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). The contract has a paragraph written after the signature, that is not included in the contract, which states in part, that the customer is responsible for "maintenance". Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. PRAC. 602-359-4357 when selection starts, press 5 then, three seconds later press 1 Say who you are! However, the amendment containing this change became effective September 1, 2019. The 37-year-old Scott said the bunker business historically is driven by politics. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. Corporate Advocacy Program: How to repair your business reputation. I lost $250K and received 33 months in federal prison. 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. West Palm Beach Florida, Tuffy Tire & Auto Service Center Mavis Tire & Brake Charged Nearly $700 for Non-Fix Bay City Michigan, Lighting New York lighting by Jared Sent damaged product wont refund after I sent back damaged product website description is fake, Tara U THEY SCAM THOUSANDS OF PEOPLE WITH THEIR FLOWER ORDERS. 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. App.Austin July 31, 2020, no pet.) Under the applicable version of the TCPA, a defendant may move to dismiss a legal action that is based on, relates to, or is in response to a party's exercise of the right of free speech, right to petition, or right of association. Estimated amount consumers saved since 1997: $15,590,010,907. & REM. Oct. 13, 2015, pet. Because Atlas has not shown trial court error, we affirm the trial court's order denying Atlas's motion to dismiss. Dont click on those slick Ads! He owns a company admittedly in competition with Scott. Therefore, leave of court is presumed. Why Ripoff Report will not release author information! CODE ANN. The author of the Ripoff Report below never responded to our offer to help them. they cannot deliver what they say an insane amount of money Pittsburgh Pennsylvania, Attorney Sharon K. 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