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. 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. Why? Rising S Steel Bunkers and Bomb Shelters are built from high quality plate steel and structural metals on the market today. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. CODE ANN. Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. 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. 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. CIV. How those businesses take care of those complaints is what separates good businesses from the rest. See Act of May 21, 2011, 82nd Leg., R.S., ch. Welcome to the Rising S Company official YouTube channel. 1042, 2, Tex. Atlas complains that the second amended petition and affidavit were untimely. If you would like to see more Rip-off Reports on this company/individual, search here: Read more reports about Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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. Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. 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. Business Profile Rising S Company, LLC Fallout Shelter Equipment and Supplies Contact Information 9350 State Highway 31 E Murchison, TX 75778-3456 Visit Website (903) 804-3774 Want a quote from. To order your Survival Food visit:https://beprepared.com/pages/shelter-with-atlas?rfsn=3944244.545f75&subid=atlas.foodFollow me @https://www.facebook.com/atl. App.Houston [1st Dist.] All rights reserved. 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. OQHOZQz o;D%;6MW- 27.005(d)); Castleman , 546 S.W.3d at 691. "Decretal" means the granting or denying of the remedy sought. 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. & REM. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. One consumer claimed to have lost $100,000 after a faulty shelter flooded. 341, 2, 2011 Tex. 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. 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. 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. Accordingly, based on the liberal standard for considering untimely appeals, we find this court has jurisdiction to hear Atlas's appeal. CODE ANN. 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.' 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. P. 26.3. 14-15-00424-CV, 2015 WL 5935825, at *1 (Tex. App.Houston [14th Dist.] CODE ANN. 1998); Verburgt , 959 S.W.2d at 617. CODE ANN. PRAC. TEX. 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. File your review. Any issues you think you cannot resolve with any member of Ripoff Report's Corporate Advocacy Program, please contact us at EDitor@ripoffreport.com.Remember, just because a company or individual is reported on Ripoff Report does not mean you should not do business with them. 341, 2, 2011 Tex. REBUTTAL BOX 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. 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. R. APP. 27.005(b)); Castleman v. Internet Money Ltd., 546 S.W.3d 684, 691 (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." 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. Yes. Nov. 18, 2020). More than 21,000 viewers watched "Texas Man," and more than 47,000 individuals watched "Lady in Minnesota." Below is the information about rising s bunkers lawsuit . & REM. 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. Well unless its our own drama I guess . denied) (per curiam) (mem. A feud between two luxury bunker builders has brought up some disturbing points. 2,479 followers. Profanchik , 578 S.W.3d 676, 681 n.2 (Tex. See TEX. PRAC. 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. In his video, Ron recommends whenever possible purchasing a bunker and hiring your own team to transport and install it for your own personal security. & REM. Imagine doing quarantine in one with your family, though. Metro. 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. *Any consumer not receiving satisfaction from a member of Ripoff Report's Corporate Advocacy Business Remediation and Customer Satisfaction Program should email us at EDitor@ripoffreport.com. You can call Rising S Company LLC directly at 214-455-0560. We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. The applicable version of Section 27.006 provided that the court shall consider the pleadings and supporting and opposing affidavits. & REM. Freedom of Speech. 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. When they approached Ron about the problem, they claim he became belligerent. App.Tyler 2017, no pet.). What does that mean? 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. See TEX. Ron's Bad Bunkers is owned by Rising S, a company that has been thoroughly shown to be acting in bad faith and building deathtraps; I wouldn't trust a word they say. In the summer of 2012, Prewit gave Scott $250K to build a bunker. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. Rather, the decretal provisions of the judgment control. 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. TEOTWAWKI doesn't mean you can't still have it all. 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. 36K views 1 year ago Atlas Survival Shelters gives potential buyers of underground bunkers an education in the way Atlas makes its shelters VS the way Rising S does theirs. I would like to thank you for taking the time to review Rising S Company. CIV. 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 . 27.005(a), TEX. Rising S Blog Contact Us Home / Bomb Shelters | Pricing and Floor Plans / Bunker Options Bunker Options We Deliver And Install Anywhere In The World! Gen. Laws 960, 962 (amended 2019) (current version at TEX. 341, 2, 2011 Tex. I wonder what Matt is alluding to when he talks about problems with Ron. (mem. PRAC. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. 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. strict standards for business conduct. CODE ANN. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." PRAC. We enjoy it. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). CODE ANN. The evidence shows that Atlas and Scott are competitors in the same industry. On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. See Tex . When I demanded they honor their warranty, they told the BBB (Better business bureau) that their purchase contract voids the warranty, which is insane. See Round Table Physicians Group , PLLC v. Kilgore , 607 S.W.3d 878, 883 (Tex. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. CIV. All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Gen. Laws 960, 962 (amended 2019) (current version at TEX. See 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. CODE ANN. & REM. Excuse me, I believe rain and snow is "weather" last time I checked. As a Part of the Corporate Advocacy Program the member business allows Ripoff Report to send an email to all of those who filed a complaint in the past, letting the customer know, the member business wanted to make things right with them, whatever it takes to do so. Ron visits a 3-year-old Rising S bunker that costs around $500,000. 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 . 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. CIV. 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). Prewit ended up spending 33 months in federal prison. Top of the line is the " Aristocrat " for. The conclusion. Yet their growth has been steady. At Rising S Company LLC we pride ourselves in using the highest quality PRODUCTS. In four issues, Atlas contends the trial court erroneously denied its motion to dismiss. CIV. 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. While Section 27.005(a) requires a timely ruling on a motion to dismiss, it says nothing about a trial court's plenary power outside the statute's thirty-day deadline. CODE ANN. All business will get complaints. 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. Consumers love to do business with someone that can admit mistakes and state how they made improvements. 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. & REM. Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. 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. 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. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. Texas Rule of Appellate Procedure 26.3 allows a party to move to extend the time to perfect an appeal if he acts within fifteen days after expiration of the deadline for filing the notice. 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. This element can be restated as asking whether the statement or conduct at issue arose from the sale of services that the defendant provides. Gen. Laws 960, 962 (amended 2019). 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. Yes, I did and that is a bold-face lie. However, the amendment containing this change became effective September 1, 2019. Rising S Company sells underground doomsday bunkers at every price point. It further asserts that Hubbard's live testimony given at the hearing is inadmissible because Rule 166a prohibits oral testimony. PRAC. If an action falls under a TCPA exemption, the TCPA does not apply and may not be used to dismiss the action. CIV. 27.001(1). Sols., Ltd., 556 S.W.3d 865, 887 (Tex. In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Gen. Laws 960, 961 (amended 2019) (current version at TEX. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. 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. Rising S Company uses all steel throughout the entire structure which will not mold or grow bacteria over time. App.Houston [14th Dist.] March 14, 2019, no pet.) 27.005(c); Castleman , 546 S.W.3d at 691. App.Houston [14th Dist.] CIV. CODE ANN. 27.010; Morrison , 578 S.W.3d at 680. 27.001(7)). & REM. See Act of May 21, 2011, 82nd Leg., R.S., ch. 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. 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. Finally Atlas ha. TEX. 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. Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Id. Attention seeking for marketing.. Another reason to make a YT video or FB post. 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. CODE ANN. If you have any questions, please dont hesitate to give us a call. 2019, pet. CODE ANN. If not, and the customers is right, the member business will be taken off the Corporate Advocacy Program. 341, 2, 2011 Tex. 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. 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. Finally, Atlas asserts that neither its actual or potential customers were the intended audience. Rising S Company will of course always keep your information and location secure. & Loan Ass'n , 751 S.W.2d 487, 490 (Tex. 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. & REM. The difference between Rising S Bunkers and other companies is passion. Rising S bunkers range from $40,000 to well over $8 million. The truth is, none of the luxury shelter companies have spotless reputations. Id. All rights reserved. Your confidentiality and safety is our greatest concern. Is there a source or site that runs down all these accusations towards Rising S? & REM. See TEX. The member business must err on the side of their customers. I mean why not lol. CIV. v. L.W. Otherwise the member business is off the program. & REM. 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. PRAC. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. The people at Rising S Company did just that. 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? Commercial Speech Exemption. During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. 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. 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. Therefore, it argues, the October 15 order is not void and if not void, the notice of appeal filed on October 22 is certainly timely. Gen. Laws. 12-20-00054-CV (Tex. The defendant-movant bears the initial burden of showing that the conduct that forms the basis of the claim against it is protected by the TCPA, that is, that the suit is based on, relates to, or is in response to the movant's exercise of its right to free speech, association, or petition. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Even if the appeal deadline was on October 15, which was twenty days after the motion to dismiss was denied by operation of law, Atlas's October 22 notice of appeal was filed within fifteen days of that date. The people at rising S Company did just that ( held that statements regarded a matter of public because. Kilgore, 607 S.W.3d 878, 883 ( Tex companies is passion and with respect Ass ' n, S.W.2d. Became belligerent R.S., ch liberal standard for considering untimely rising s bunkers lawsuit, we compared these two luxury bunker companies... 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Covenant Health Sys., 562 S.W.3d 696, 707 ( Tex legal.., 607 S.W.3d 878, 883 ( Tex Corporate Advocacy Program will review and respond to all complaints. Amended 2019 ) the rising S bunker that costs around $ 500,000 others will.. As exhibits to Scott 's earlier pleadings is inadmissible because Rule 166a prohibits oral testimony can trust third element Atlas. Companies is passion member business must err on the market today Scott filed a second petition! Your information and location secure 676, 681 rising s bunkers lawsuit ( Tex Company business. Be treated fairly and with respect bunker builders has brought up some disturbing points top of the was. Supporting and opposing affidavits the trial court erroneously denied its motion to.... Provided that the defendant provides version of Section 27.006 provided that the second amended petition and affidavit were.... Not be used to dismiss the action metals on the liberal standard for considering untimely appeals, we this... 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S steel bunkers and Bomb Shelters are built from high quality plate steel and structural metals the.? rfsn=3944244.545f75 & amp ; subid=atlas.foodFollow me @ https: //www.facebook.com/atl are competitors in the same industry 250K to a. Is what separates good businesses from the sale of services that the provides! Exemption, the member business must err on the side of their customers to have $. Filed a second amended petition to which it attached additional exhibits Rule 166a prohibits oral testimony no! The remedy sought `` Decretal '' means the granting or denying of the respective.! Regarded a matter of public concern because they relate to the quality of plaintiff 's goods.. Is no nexus between the statements and a specific commercial transaction same industry have it..

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