Hubbard, however, had a different take on the situation. Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. PRAC. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. CIV. 286 following. App.Houston [1st Dist.] PRAC. CIV. op. 1042, 2, Tex. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. App.Austin 2018, pet. 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. CODE ANN. Doesn't matter, it shifted anyway. CIV. See Act of May 21, 2011, 82nd Leg., R.S., ch. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. Gen. Laws 960, 961 (amended 2019); Epperson v. Mueller , No. Atlas contends that it does not sell the same product as Scott. 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." 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. 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. 27.003(a), TEX. Ripoff Report has an exclusive license to this report. 341, 2, 2011 Tex. READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. 2018). CODE ANN. PRAC. CODE ANN. 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. It's an interesting idea but aren't there also questions about long term feasibility with them? I mean look out how reality tv is thriving lol. I think it's just run of the mill competition bashing. All business will get complaints. Because it did not, the argument continues, the motion was overruled by operation of law on September 25, and any order entered after that date is void. See TEX. Oct. 13, 2015, pet. They write that the only way to reinforce shipping containers is to"line it in concrete blocks or in woodboth of which are inferior methods compared to the strength of the heavy steel used in RSC units." Engineering the highest quality underground steel bunkers, storm shelters and safe rooms . CIV. In that case, the whole website is a misprint. 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. 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. 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! 341, 2, 2011 Tex. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. The third video is allegedly in violation of the parties' Rule 11 agreement and is the basis of Scott's breach of contract claim. If an action falls under a TCPA exemption, the TCPA does not apply and may not be used to dismiss the action. PRAC. We provide the highest quality shelters and bunkers to customers from all over the world. Rising S refused to replace my rusted out NBC filtration system. ; see also Martin v . & REM. Britt , 241 S.W.3d 672, 676 (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. 378, 12, 2019 Tex. CODE ANN. The people at Rising S Company did just that. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. 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. The applicable version of Section 27.006 provided that the court shall consider the pleadings and supporting and opposing affidavits. There are so many false claims, I don't know where to begin. One client purchased 1,000 high-quality air filters. P. 26.3. How those businesses take care of those complaints is what separates good businesses from the rest. "It's by far, by 20. 27.006(a), TEX. |. 27.001(7)). CODE ANN. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. CIV. Your confidentiality and safety is our greatest concern. Who is ED Magedson - Founder, Ripoff Report. CIV. & REM. We overrule Atlas's third issue. I think they are being honest, but I think its also important to remember what these companies are providing. PRAC. TEX. Moreover, we need not consider the live testimony to determine if the trial court's ruling was appropriate because the allegations in the petition and the videos themselves are sufficient for our review. Well, if that's christian, then they give God and Texas a bad name. I'm guessing because I don't have a dog. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . 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. 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. op.) 2018). PRAC. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Estimated amount consumers saved since 1997: $15,590,010,907. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. 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. I don't know the full story or whether it was resolved, just some court documents from the case. Rising S Bunkers. Finally Atlas ha. 27.005(d)); Castleman , 546 S.W.3d at 691. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. 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. 11. I lost $250K and received 33 months in federal prison. All rights reserved. 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 . 27.003(a)). Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. Atlas Survival Shelters, LLC appeals the denial of its motion to dismiss the libel suit brought by Clyde Scott and Rising S Company, LLC (collectively Scott). CIV. It also the first place to flood in case of a non water tight environment. PRAC. CODE ANN. App.Houston [1st Dist.] Rising S Company - Bunkers and Shelters Clyde Wayne Scott, Managing Partner Gary Lynch, Murchison Texas, ABOUT THE RIPOFF REPORT BELOW:Ripoff Report would like to let readers know that Ripoff Report emailed this customer, so the member business could make things right with them. PRAC. Yes. If not, and the customers is right, the member business will be taken off the Corporate Advocacy Program. "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. Commercial Speech Exemption. The author of the Ripoff Report below never responded to our offer to help them. See Hone v . 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. A & M Univ. Id. 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. During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. 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. Atlas argues that its statements were unrelated to its capacity as a seller of its bunkers. 27.001(1). PRAC. REBUTTAL BOX 341, 2, 2011 Tex. In deciding whether the nonmovant has satisfied that burden, the scope of our review includes the pleadings and any supporting affidavits, both of which are taken as evidence in the TCPA context. Rising S Company 9350 State Hwy 31 E Murchison, TX 75778 Sales: (903) 804-3774 Sales: bunkerfilters@gmail.com Service: (214) 893-8007 Service: steelbunkers@gmail.com Media Request: (903). Rising S bunkers range from $40,000 to well over $8 million. PRAC. Attached to the petition is a printout of online comments made by viewers of the videos. PRAC. 27.006(a)). 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. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. In its motion to dismiss, Atlas stated that the "recording and publishing of the videos was a communication that is protected as an exercise of the right of free speech made in connection with a matter of public concern which is related to a good, product, or service in the marketplace." PRAC. Id. Ripoff Report has an exclusive license to this report. The factual recitations preceding the decretal portion of a judgment form no part of the judgment itself. Scott met its burden to show the commercial speech exemption applies. Press J to jump to the feed. & REM. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. & REM. CODE ANN. & REM. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. A team from the Rising S company installs a bunker. We have some great clients and we love hearing from them. Atlas filed a response asserting the October 15 ruling modified the denial of its motion to dismiss pursuant to Rule of Civil Procedure 329b, and the time for appealing runs from the October 15 ruling. 27.001(1). CIV. TEX. File your review. 27.001(3). How does a business get Ripoff Report Verified. Lechin , No. denied) (per curiam) (mem. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. P. 10.5(b)(1)(C). CODE ANN. Is there a source or site that runs down all these accusations towards Rising S? Burying a steel box under the ground is just a dumb thing to do. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. Read about 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. One thing I appreciate about the Atlas videos is that they accurately demonstrate the truth about bunkers: They're a great way to take a very large sum of money and flush it down the toilet. Good for the consumer though as they bring the shortcomings of the bunkers to light. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. 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. Create an account to follow your favorite communities and start taking part in conversations. When they approached Ron about the problem, they claim he became belligerent. Gen. Laws 2501, 2501 (amended 2019) (current version at TEX. visit us at https://risingsbunkers.com to see why our team is the best in the world." 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 . CODE ANN. Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. Finally, Atlas asserts that neither its actual or potential customers were the intended audience. The difference between Rising S Bunkers and other companies is passion. 27.006, TEX. The 37-year-old Scott said the bunker business historically is driven by politics. Required fields are marked *. Please contact us now if you would like to leave a customer review that we can put on our website. Rising S Company Reviews are here to show you everyone who loves working with us. Russias Invasion of Ukraine: A Sign of Things to Come? Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. All rights reserved. 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. Id. 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. Our initial inquiry is always whether we have jurisdiction over an appeal. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. We overrule Atlas's fourth issue. & REM. Atlas has not shown surprise. TEX. He owns a company admittedly in competition with Scott. CIV. 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. You can see the shocking Atlas Bunkers video here. qyS ekd 8e . 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. 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. 2019, no pet.). 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. 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. realistically youd need a lot more to protect from radiation but you get what you pay for and if you want a metal box to live in you can get one. CODE ANN. I'm completely out of the loop here. 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). Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. Act of May 21, 2011, 82nd Leg., R.S., ch. Id . Justice Opinion delivered November 18, 2020. Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. 27.010; Morrison , 578 S.W.3d at 680. Rising S Company is dedicated to customer satisfaction and technology. On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. City of Houston , 976 S.W.2d 676, 677 (Tex. Copyright 1997-2023 Ripoff Report. 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. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. 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. Your email address will not be published. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. 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.] What does that mean? Are these those prefab bunkers you can buy and sink yourself with enough money? & REM. 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. File your review. 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. This element can be restated as asking whether the statement or conduct at issue arose from the sale of services that the defendant provides. 27.005(c); Castleman , 546 S.W.3d at 691. Otherwise the member business is off the program. See id . CODE ANN. Ass'n of Bus. Yes, I did and that is a bold-face lie. See Tex . Ron visits a 3-year-old Rising S bunker that costs around $500,000. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. 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. 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. See TEX. Has your experience with this business or person been good? In 2012, I made the mistake of doing business with Clyde Scott of the Rising S company. Scott met its burden to prove the third Castleman element. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. 27.005(b), TEX. Hanafin , 104 S.W.3d 884, 886 (Tex. REBUTTAL BOX 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.
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