op. Id. 2020). 2018). CODE ANN. 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. Gen. Laws. Why do they hate each other and are either of them being honest on how subpar their rivals products are? There are so many false claims, I don't know where to begin. Accordingly, based on the liberal standard for considering untimely appeals, we find this court has jurisdiction to hear Atlas's appeal. Act of May 21, 2011, 82nd Leg., R.S., ch. 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. & REM. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. Rising S Company has a website that is full of false advertising, false product and service claims and false warranties. Id. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. 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. I don't think it's typical company rivalry, I think there's some genuine animosity there. 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. At Rising S Company LLC we pride ourselves in using the highest quality PRODUCTS. How does a business get Ripoff Report Verified. Ripoff Report has determined that Rising S Company meets Ripoff Report Verified standards which include a commitment to make a good faith effort to resolve any consumer complaints. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Atlas complains that the second amended petition and affidavit were untimely. Again, to err on the side of their customer, those from the past and those in the future. PRAC. CODE ANN. 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. Gen. Laws 960, 962 (amended 2019) (current version at TEX. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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. It may not be copied without the written permission of Ripoff Report. Rising S Company leads the industry in innovation and engineering underground shelters. 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.". 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. Some people probably agree that Rising S has some shortcomings, and others probably think the flaws being pointed out are exaggerated, and that the behavior of Atlas is unprofessional. 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. CODE ANN. 341, 2, 2011 Tex. CODE ANN. Scott met its burden to prove the third Castleman element. We overrule Atlas's fourth issue. Hanafin , 104 S.W.3d 884, 886 (Tex. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. 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.' 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. 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. 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". There is nothing in the record explaining why the court did not rule sooner, though he advised the parties at the August 26 hearing he would try to rule on the motion by week's end. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. Yet their growth has been steady. Luxury bunker builders and their teams know where everyones bunkers are located. App.Austin 2018, pet. Consumers can feel safe confident and secure when doing business with Rising S Company. 341, 2, 2011 Tex. 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. When a business joins the Corporate Advocacy Program, Ripoff Report emails everyone from the past so the member business can make things right with them. The "Lady in Minnesota" video opens and ends with the Atlas logo. Has your experience with this business or person been good? The videos were posted on the internet channel Atlas used to advertise its products, and Hubbard invited viewers to contact him regarding his survival shelters. Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. Press question mark to learn the rest of the keyboard shortcuts. Rising S Bunkers. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. See Tex . See Act of May 21, 2011, 82nd Leg., R.S., ch. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. PRAC. 27.005(c); Castleman , 546 S.W.3d at 691. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. One consumer claimed to have lost $100,000 after a faulty shelter flooded. Copyright 1997-2023, Ripoff Report. 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. App.Tyler 2017, no pet.). 27.010, TEX. Ripoff Report | Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. 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. Thus, it argues, the statements were made to address matters relating to health, safety, environmental well-being, economic well-being, community well-being, or relating to a public figure, or concerning a product in the marketplace. Applicable Law. (citing Tex. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. P. 42.3(a). Scott's argument implicates the question of timeliness of Atlas's notice of appeal. Gen. Laws 960, 961 (amended 2019); Epperson v. Mueller , No. Atlas answered and moved to dismiss the suit pursuant to the TCPA. In its petition, Scott alleges it and Atlas are direct competitors. CIV. Ron visits a 3-year-old Rising S bunker that costs around $500,000. READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner As a storage facility or sitting out a tornado, they're probably fine. CIV. 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. CODE ANN. The website made it sound so safe and complete ("just add personal belongings". Rising S Company is dedicated to customer satisfaction and technology. P. 47.1; Hieber , 591 S.W.3d at 213. Rising S Company Reviews are here to show you everyone who loves working with us. 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. & REM. 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." TEX. File your review. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. PRAC. 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. See Brown Sims P .C. This is the best way to manage and repair your business reputation. Tell us has your experience with this business or person been good? 27.001(7), TEX. I've got no dog in this fight as I can't afford either company, but I don't like seeing trash talk without a source. 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. Gary Lynch, General Manager. RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT " My name is Clyde Scott and I am the owner of Rising S Company. Americas largest bunker manufacturer. Why Ripoff Report will not release author information! PRAC. Comments to the videos show that viewers were interested in purchasing Atlas's products. 341, 2, 2011 Tex. PRAC. Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. 27.010(a)(2), TEX. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. & REM. Atlas made a bona fide attempt to invoke the appellate jurisdiction of this court by offering a reasonable explanation for failing to timely file its notice of appeal by October 15, if that was the controlling date. Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. Is there a source or site that runs down all these accusations towards Rising S? 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. R. APP. (My story is) beneficial to your business. Below is the information about rising s bunkers lawsuit . We enjoy it. See TEX. CODE ANN. We conclude Atlas's videos are an exercise of the right of free speech. However, they encased my underground bunker in concrete. (per curiam) (mem. All rights reserved. Gen. Laws 960, 961 (amended 2019) (current version at TEX. & REM. It's a lot of money for a product no one is supposed to see, and no one really wants a reason to use. 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. See Act of May 21, 2011, 82nd Leg., R.S., ch. 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. 27.001(3), TEX. Ass'n of Bus. Your confidentiality and safety is our greatest concern. CIV. & REM. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our See Nelson v . 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. CIV. CIV. CODE ANN. Commercial Speech Exemption. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. 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. 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. Why? & REM. 27.006(a)). Even though they manufacture the doors, when it leaks, its not a defect, according to them. Id. Hawkins v. Fox Corp. We provide the highest quality shelters and bunkers to customers from all over the world. 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. op.). 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. Scott and Atlas are competitors in the survival shelter industry. Prewit ended up spending 33 months in federal prison. There is no statutory authority for this court to review the denial of Atlas's motion to strike. 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. 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. 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. 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. CIV. R. CIV. 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. The member business must err on the side of their customers. 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. CODE ANN. All you will need once completely installed and ready to go are your personal items and food.". 14-15-00424-CV, 2015 WL 5935825, at *1 (Tex. 27.005(a), TEX. 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 . Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. filed). CIV. CODE ANN. CIV. This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. I think they are being honest, but I think its also important to remember what these companies are providing. Rising S refused to replace my rusted out NBC filtration system. In the future, if anyone has any complaints or concerns with Rising S Company LLC, you are invited to contact them directly via email: bunkerfilters@gmail.com (again, please be sure to cc: EDitor@ripoffreport.com so we can keep track of the company's response and to insure customer satisfaction). See Hawkins , 606 S.W.3d at 47. 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. Who's crazy enough to start this website? Hiding negative complaints is only a Band-Aid. The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. I think it's just run of the mill competition bashing. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. Atlas filed its notice of appeal on October 22, 2019. See TEX. Estimated amount consumers saved since 1997: $15,590,010,907. 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. 27.005(a)). CODE ANN. I own a corporation in Midland, Texas, and I am also a professional drag boat driver. 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). R. APP. Scott met its burden to show the commercial speech exemption applies. 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. See Act of May 21, 2011, 82nd Leg., R.S., ch. The videos described commercial transactions in which two different customers purchased an underground bunker from Scott. Corporate Advocacy Business Remediation and Customer Satisfaction Program. PRAC. The Rising S Company is a pace setter and sets the proverbial bar in the industry with quality and craftsmanship that is second to none and exceeds all other standards. 27.010; Morrison , 578 S.W.3d at 680. Ripoff Report has an exclusive license to this report. denied). The difference between Rising S Bunkers and other companies is passion. 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