Make your practice more effective and efficient with Casetexts legal research suite. 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. Ass'n of Bus. (My story is) beneficial to your business. 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). CIV. & REM. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Offering 100% lifetime welds and craftsmanship warranty. Your confidentiality and safety is our greatest concern. Freedom of Speech. 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. 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. CIV. The conclusion. 341, 2, 2011 Tex. The posting time indicated is Arizona local time. Ron visits a 3-year-old Rising S bunker that costs around $500,000. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 27.001(3), TEX. Your email address will not be published. 341, 2, 2011 Tex. The decretal portion of the order provides as follows: "IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that the Defendant's MOTION TO DISMISS is hereby DENIED." Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. See Morrison v . op.). 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. TEX. This court overruled Scott's motion and set the case for submission. Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. See Act of May 24, 2013, 83rd Leg., R.S., ch. All rights reserved. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. I mean look out how reality tv is thriving lol. Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. TEX. Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. Sys. Gen. Laws 960, 962 (amended 2019). & REM. PRAC. 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. & REM. 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. See TEX. 27.010(a)(2). 2019, no pet.). CODE ANN. 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. Insurance for tough times. File your review. See Act of May 21, 2011, 82nd Leg., R.S., ch. op.) Top of the line is the " Aristocrat " for. This is clearly the best option at this point, and its not surprising he would recommend this now that he believes consumers who are buying shelters are potentially in danger due to unethical business practices. Rising S Company is dedicated to customer satisfaction and technology. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. Rising S Company is confident about their shelters craftsmanship and engineering, so you can be too. Is there a source or site that runs down all these accusations towards Rising S? See Act of May 21, 2011, 82nd Leg., R.S., ch. Is Clyde Scott a bully? 27.005(d), TEX. Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. If you have any questions, please dont hesitate to give us a call. See Best , 562 S.W.3d at 12. 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. A hearing on the motion to dismiss was held on August 26, 2019. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. 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. Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. Ignore that stupid shit. 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.). Consumers want to see how a business took care of business. I'm completely out of the loop here. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. 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 . They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. CIV. 341, 2, 2011 Tex. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. 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. 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. Where there appears to be a discrepancy between the judgment's recital and decretal paragraphs, a trial court's recitals, which precede the decretal portion of the judgment, do not determine the rights and interests of the parties. Gen. Laws 960, 961-62 (amended 2019); TEX. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. App.Houston [1st Dist.] Therefore, Atlas's Rule 166a arguments are inapplicable. 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 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. One of the larger Rising S bunkers is buried for a client. We enjoy it. 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. Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. Castleman , 546 S.W.3d at 691. & REM. However, if the nonmovant satisfies its burden, the movant may still obtain a dismissal if it establishes each essential element of a valid defense to the nonmovant's claim. Gen. Laws 960, 962 (amended 2019) (current version at TEX. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. Be knowledgeable about any company or person you hire. PRAC. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. & REM. Good for the consumer though as they bring the shortcomings of the bunkers to light. Our employees are not only skilled fabricators and craftsmen, but they are also like minded & trustworthy individuals that are also preparing their own families for whatever uncertainty the future has in store. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. In its petition, Scott alleges it and Atlas are direct competitors. & REM. 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. Otherwise the member business is off the program. 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. 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. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. Atlas contends that it does not sell the same product as Scott. 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). Rising S Company leads the industry in innovation and engineering underground shelters. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. I wouldnt do business with the trash talker. CIV. Your email address will not be published. PRAC. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. Rising S Company leads the industry in innovation and engineering underground shelters. Corporate Advocacy Program: How to repair your business reputation. 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. We discern no abuse of discretion in the trial court's consideration of the videos. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. In appeals from a Section 27.003 motion to dismiss, where there is no order rendered within the thirty-day time period, courts have determined that the twenty-day timeframe to file the notice of appeal begins when the motion is denied by operation of law. 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. Again, the fact that there are differences in the products made by Scott and Atlas does not lead to the conclusion that wholly different groups constitute the actual or potential customers of each company. 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. Scott met its burden to show the commercial speech exemption applies. 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). 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 . denied). CIV. Copyright 1997-2023, Ripoff Report. CODE ANN. I'm guessing because I don't have a dog. CODE ANN. 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. 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. Copyright 1997-2023 Ripoff Report. The member business must err on the side of their customers. If an action falls under a TCPA exemption, the TCPA does not apply and may not be used to dismiss the action. Britt , 241 S.W.3d 672, 676 (Tex. App.Amarillo 2018, pet. PRAC. TEX. 27.006(a). 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. Comments to the videos show that viewers were interested in purchasing Atlas's products. PRAC. CIV. One consumer claimed to have lost $100,000 after a faulty shelter flooded. Celebrity Skin Cream wrinkle cream rip-off advertisements US Based and Foreign companies bilked consumers out of Hundreds of Millions of dollars over the past 7 years. Any issues you think you cannot resolve with any member of Ripoff Report's Corporate Advocacy Program, please contact us at EDitor@ripoffreport.com.Remember, just because a company or individual is reported on Ripoff Report does not mean you should not do business with them. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . Why do they hate each other and are either of them being honest on how subpar their rivals products are? Tell us has your experience with this business or person been good? & REM. Celebrity Skin Cream wrinkle cream rip-off advertisements US Based and Foreign companies bilked consumers out of Hundreds of Millions of dollars over the past 7 years. According to a video Hubbard posted on Atlass YouTube channel, the story began when he received the following letter, which weve very slightly edited for clarity: Ron, my name is Steve Prewit. 27.008(a). CIV. See Verburgt v . While we cant make a definitive statement regarding which companyor if either of themare in the right or whether or not the allegations against Clyde Scott are true, this situation brings up some more troubling issues. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. 1993)). 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. 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. 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. CIV. Tell us has your experience with this business or person been good? Engineering the highest quality underground steel bunkers, storm shelters and safe rooms . 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. "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. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. Copyright 1997-2023 Ripoff Report. See TEX. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. This is the best way to manage and repair your business reputation. Why Ripoff Report will not release author information! "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. We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. 14-15-00424-CV, 2015 WL 5935825, at *1 (Tex. We provide the highest quality shelters and bunkers to customers from all over the world. 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. 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. In 2012, I made the mistake of doing business with Clyde Scott of the Rising S company. 2,479 followers. See TEX. 378, 12, 2019 Tex. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. & REM. 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. Scott's argument implicates the question of timeliness of Atlas's notice of appeal. PRAC. Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program -- a program that benefits the consumer, which helps to increase consumer satisfaction and confidence when doing business with a member business Verified By Ripoff Report. The third Castleman element examines whether "the statement or conduct at issue arose out of a commercial transaction involving the kind of goods or services the defendant provides." Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. PRAC. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. 9350 State Hwy 31 E Murchison, Texas United States. Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. CODE ANN. You can call Rising S Company LLC directly at 214-455-0560. The posting time indicated is Arizona local time. Follow. 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. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. CODE ANN. The TCPA endorses a summary process, requiring judicial review of the pleadings and limited evidence. FY9'=hEpyCrH|`Hb05Uyv:|@c!a=o"ccrL]J7`=P{ P:> !(LEB6dj6FWBtv\h/9tq?ta|P7Y6K0 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 . I think they are being honest, but I think its also important to remember what these companies are providing. 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. Id. Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. Novosad v. LSG Vodka LLC , No. Gen. Laws 960, 962 (amended 2019) (current version at TEX. |. In its third issue, Atlas contends the trial court erred in denying its motion to strike Scott's response to his motion to dismiss as untimely. Americas largest bunker manufacturer. Rising S Company has a website that is full of false advertising, false product and service claims and false warranties. & REM. See TEX. PRAC. 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. We overrule Atlas's first issue. On October 15, 2019, the court signed an order denying the motion to dismiss. It looks like a really expensive coffin to me. The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. Rising S Company is willing to go beyond the call of good customer service and do what it takes to make things right with their customers. Doesn't matter, it shifted anyway. 341, 2, 2011 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. Scott also alleged that, "[a]t all times in the Original Videos, Mr. Hubbard is acting in his capacity as owner and representative of Defendant." (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: PRAC. It may not be copied without the written permission of Ripoff Report. The 37-year-old Scott said the bunker business historically is driven by politics. This is the best way to manage and repair your business reputation. CODE ANN. & REM. In the absence of a sufficient showing of surprise by the opposing party, the failure to obtain leave of court when filing a late pleading may be cured by the court's action in considering the amended pleading. & REM. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! 27.005(b). 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. Intertwined with and overlying this multi-step dismissal process is the TCPA provision exempting certain actions from the TCPA's application. REBUTTAL BOX 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? No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . CIV. When I complained, they told me it was my fault for not correcting the bad installation. 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. 27.010; Morrison , 578 S.W.3d at 680. READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner Tcpa does not apply and may not be used to dismiss was held on August 26,.! From Amazon, stealing all certifications and false warranties will be considered even if do. 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