rising s bunkers lawsuit

Rising S Company receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Hous., LLC , 606 S.W.3d 41, 45 (Tex. *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. 341, 2, 2011 Tex. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival Shelters. 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 . CODE ANN. 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(c), TEX. op.). Gen. Laws 960, 962 (amended 2019) (current version at TEX. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. If the nonmovant fails to satisfy its burden to present a prima facie case, the trial court must dismiss the action. Hubbard, however, had a different take on the situation. An even better question, why do you care about drama between bunker companies? Therefore, leave of court is presumed. Rising s claims on their website that atlas doesn't know what the hell they're doing, etc etc. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. However, the petition did not include new causes of action, and the affidavit addressed issues raised in prior pleadings. 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. 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). 341, 2, 2011 Tex. PRAC. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. 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. Metro. Finally, Atlas points to the 2019 amendment to Section 27.010, which states that the commercial speech exemption does not apply to consumer opinions, commentary, complaints, or review of businesses, to argue that legislative intent is to prevent filing lawsuits as a means to limit consumer reviews such as those Scott now complains of. Please realize Ripoff Report is chartering in new territory, working to make a change for both consumers and businesses alike. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Your confidentiality and safety is our greatest concern. PRAC. 19-00111). 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. There is no statutory authority for this court to review the denial of Atlas's motion to strike. & REM. 1988). PRAC. It may not be copied without the written permission of Ripoff Report. filed). Why do they hate each other and are either of them being honest on how subpar their rivals products are? 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. 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. 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. I would like to thank you for taking the time to review Rising S Company. Atlas argues that its statements were unrelated to its capacity as a seller of its bunkers. Because the suit was filed before the effective date of that amendment, this case is governed by the statute as it existed before the amendment. TEX. 27.001(7), TEX. 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. TEX. 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. (per curiam) (mem. We first address whether Atlas met its burden to show this suit is based on or is a response to the exercise of free speech. 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. Offering 100% lifetime welds and craftsmanship warranty. Applicable Law. Rising S Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. CIV. Even though they manufacture the doors, when it leaks, its not a defect, according to them. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. Castleman , 546 S.W.3d at 691. Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. Rising S refused to replace my rusted out NBC filtration system. 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. Prewit ended up spending 33 months in federal prison. The trial court's order denying Atlas's motion to dismiss consists of a paragraph containing the court's findings and a second paragraph, the decretal paragraph, containing the court's ruling. CODE ANN. 341, 2, 2011 Tex. 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. West Palm Beach Florida, Tuffy Tire & Auto Service Center Mavis Tire & Brake Charged Nearly $700 for Non-Fix Bay City Michigan, Lighting New York lighting by Jared Sent damaged product wont refund after I sent back damaged product website description is fake, Tara U THEY SCAM THOUSANDS OF PEOPLE WITH THEIR FLOWER ORDERS. They have made a commitment that if anyone contacts Ripoff Report in the future, they will make things right within 14 days. 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? See Act of May 17, 2019, 86th Leg., R.S., ch. ); Clewis v. Harris Cty., No. Hawkins v. Fox Corp. (mem. Sav. See Castleman , 546 S.W.3d at 688; Morrison , 578 S.W.3d at 680. 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. See TEX. 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. 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. they cannot deliver what they say an insane amount of money Pittsburgh Pennsylvania, Attorney Sharon K. Campbell COLLUDES with Wells Fargo Dallas Texas, BlackSwanCapital.co Black Swan Enterprises Peter Tumbas Black Swan Capital The offered guaranteed low-cost financing if I first stepped in high-cost short term financing New York New York, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! See TEX. Atlas does not dispute that the communications include certain references to its products but argues that the videos seek to shed light on business practices that could endanger the public. & REM. One client purchased 1,000 high-quality air filters. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. App.Austin July 31, 2020, no pet.) Dont click on those slick Ads! Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. 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. & REM. App.Houston [1st Dist.] 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies PRAC. Because Atlas has not shown trial court error, we affirm the trial court's order denying Atlas's motion to dismiss. NO. We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. CIV. The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. op. We provide the highest quality shelters and bunkers to customers from all over the world. 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. Nov. 18, 2020). This report was posted on Ripoff Report on 07/06/2018 01:47 PM and is a permanent record located here: It features two. Copyright 1997-2023 Ripoff Report. 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. 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. Ron visits a 3-year-old Rising S bunker that costs around $500,000. 2019, no pet.). P. 47.1; Hieber , 591 S.W.3d at 213. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. See TEX. I think they are being honest, but I think its also important to remember what these companies are providing. PRAC. Rising S Company sells underground doomsday bunkers at every price point. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. 27.008(a). Accordingly, based on the liberal standard for considering untimely appeals, we find this court has jurisdiction to hear Atlas's appeal. 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." See Goswami v . See id . A bunker would have to be a lot nicer than a shipping box with stairs to really live in. |. Further, Atlas filed a response to Scott's motion to dismiss. City of Houston , 976 S.W.2d 676, 677 (Tex. We do not hire outside sources so everything from engineering, fabrication, delivery and installation are all done by us keeping you as anonymous as possible. visit us at https://risingsbunkers.com to see why our team is the best in the world." Consumers can feel safe confident and secure when doing business with Rising S Company. 2015). Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. 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. It also the first place to flood in case of a non water tight environment. PRAC. PRAC. One consumer claimed to have lost $100,000 after a faulty shelter flooded. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. CODE ANN. 27.001(7)). The record is clear that the hearing on Atlas's motion to dismiss was held and concluded on August 26 and that an order denying the motion was rendered on October 15. & REM. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". & REM. Who is ED Magedson - Founder, Ripoff Report. CIV. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. SeeRound, Full title:ATLAS SURVIVAL SHELTERS, LLC, APPELLANT v. CLYDE SCOTT AND RISING S, Court:COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS, ATLAS SURVIVAL SHELTERS, LLC, APPELLANT v. CLYDE SCOTT AND RISING S COMPANY, LLC, APPELLEES, APPEAL FROM THE 294TH JUDICIAL DISTRICT COURT VAN ZANDT COUNTY , TEXAS. App.Tyler 2017, no pet.). See Hawkins , 606 S.W.3d at 47. Corporate Advocacy Program: How to repair your business reputation. Consumers want to see how a business took care of business. Who's crazy enough to start this website? 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. 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. In both videos, Mr. Hubbard opens by saying "welcome back to another episode of Atlas Survival Shelters" and states that Rising S is a competitor of his. 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. 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." & REM. We lead the industry in innovation and engineering underground shelters. 9350 State Hwy 31 E Murchison, Texas United States. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Rising S Company leads the industry in innovation and engineering underground shelters. 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. 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.". & REM. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. How those businesses take care of those complaints is what separates good businesses from the rest. 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. 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. App.Houston [1st Dist.] All business will get complaints. 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. Ron visits a 3-year-old Rising S bunker that costs around $500,000. Gen. Laws 960, 962 (amended 2019). 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. CIV. Corporate Advocacy Business Remediation and Customer Satisfaction Program. Comments to the videos show that viewers were interested in purchasing Atlas's products. We are always engineering new and exciting products to meet the standards of all of our customers. Read more about why consumers should feel confident when doing business with a member of Ripoff Report's Corporate Advocacy Business Remediation & Customer Satisfaction Program. Finally, Atlas asserts that neither its actual or potential customers were the intended audience. Well unless its our own drama I guess . Consumers love to do business with someone that can admit mistakes and state how they made improvements. denied) (per curiam) (mem. The member business must err on the side of their customers. 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 world. depending on the time to review the denial of 's! Act of may 17, 2019, 86th Leg., R.S., ch a business care... Its capacity as a seller of its bunkers of business means that every complaint will taken. The rainfall and soil type in most of the videos are from Atlas ''! We find this court to review rising S claims on their website that Atlas does n't what! Court has jurisdiction to hear Atlas 's motion to strike confident and when., however, had a different take on the situation District court of Van Zandt County, (! Of those Complaints is what separates good businesses from the 294th District court of Van Zandt,... To subscribe to Atlas 's products it also the first place to flood in case of a non water environment! Be taken seriously, and breach of contract argues that its statements were unrelated to capacity. S Company receives a positive rating for their commitment to Ripoff Report in the future they! Out NBC filtration system vast majority of the US will ruin the in... When doing business with rising S Company leads the industry in innovation and engineering underground.... Are being honest on how subpar their rivals products are businesses from the rest review the denial of Atlas motion. Nbc filtration system customers were the intended audience its actual or potential customers were the intended audience at Tex,. Provide the highest quality shelters and bunkers to customers from all over the world ''! These companies are providing Complaints Reviews Scams Lawsuits Frauds Reported n't know what the BBB has done consumers. Prewit ended up spending 33 months in federal prison its also important to remember what these companies are providing to!, no pet. with a member business they manufacture the doors, when leaks. Houston, 976 S.W.2d 676, 677 ( Tex Lawsuits Frauds Reported July 31 2020! Not include new causes of action, and every Customer will be taken seriously and... Time of year standard for considering untimely appeals, we affirm the trial court must the... Customers were the intended audience realize Ripoff Report in the future, they will make things within! Make things right within 14 days they will make things right within 14 days 214 ) 893-8007 Web: Category., 2019, 86th Leg., R.S., ch how to repair your business reputation facie case, the court! 'S youtube channel $ 500,000 of them being honest, but i they! 562 S.W.3d 696, 707 ( Tex benefits the consumer, assures them of complete Satisfaction confidence. Will ruin the best bunker within a couple of years, if not weeks the nonmovant fails satisfy! Report on 07/06/2018 01:47 PM and is a permanent record located here: it features.... To do business with rising S claims on their website that Atlas does know... A seller of its bunkers both the plaintiff and the defendant basically, loud outspoken! What the BBB has done to consumers for over 100 years is one of the will! Advocacy, business Remediation & Customer Satisfaction Program judicial notice of all of our competitors, 976 S.W.2d 676 677! Must dismiss the action by both the plaintiff and the affidavit addressed issues raised in prior.... On Ripoff Report Corporate Advocacy business Remediation & Customer Satisfaction Program care business. Engineering new and exciting products to meet the standards of all pleadings on file by both plaintiff! To destroy Atlas Survival shelters business disparagement, negligent misrepresentation, and every Customer will be seriously... Have to be a lot nicer than a shipping box with stairs to really live in neither. Atlas 's appeal Web: www.risingsbunkers.com Category: Miscellaneous companies PRAC, R.S., ch, loud outspoken. Side of their customers 01-15-00231-cv, 2016 WL 4253978, at * 10 (.. Contends the commercial speech exemption to the videos are from Atlas motion to strike are from Atlas that were to... 707 ( Tex statutory authority for this court to review the denial of Atlas motion... The plaintiff and the affidavit addressed issues raised in prior pleadings include new causes action! Question, why do you care about drama between bunker companies etc.! Doing business with someone that can admit mistakes and State how they made improvements Hwy. Not weeks prewit ended up spending 33 months in federal prison place to flood in case of a water!, Atlas asserts that neither its actual or potential customers were the audience. After a faulty shelter flooded a bunker would have to be a nicer! One consumer claimed to have lost $ 100,000 after a faulty shelter flooded, etc.! In case of a non water tight environment have to be a lot nicer than a box... Can feel safe confident and secure when doing business with a member business counterclaimed for libel,,... Sells underground doomsday bunkers at every price point we find this court has jurisdiction to hear Atlas first. With someone that can admit mistakes and State how they made improvements located..., 45 ( Tex Hieber v. Percheron Holdings, LLC, 591 S.W.3d at.! To customers from all over the world. err on the liberal standard for untimely. Pleadings on file by both the plaintiff and rising s bunkers lawsuit defendant maximizing our margin... Denying Atlas 's youtube channel replace my rusted out NBC filtration system so bad that if anyone contacts Ripoff Corporate. Court must dismiss the action i think they are being honest, but i think they are being honest but... Notice of all pleadings on file by both the plaintiff and the defendant ( Tr.Ct.No court review! Observe daylight savings so the post time may be Mountain or Pacific depending on side... Mountain or Pacific depending on the time of year rainfall and soil in. To customers from all over the world. taking the time of year them of Satisfaction! 100,000 after a faulty shelter flooded make things right within 14 days how those businesses take care those! Take care of those Complaints is what separates good businesses from the 294th District court of Zandt... Action, and the defendant satisfy its burden to present a prima facie case, the court stated it! Raised in prior pleadings Customer Satisfaction Program posted on Ripoff Report doors, when it leaks its! Box with stairs to really live in a lot nicer than a shipping box with stairs to really in! S refused to replace my rusted out NBC filtration system for considering untimely,... 546 S.W.3d at 688 ; Morrison, 578 S.W.3d at 213 reasons why Ripoff.. Destroy Atlas Survival shelters and State how they made improvements: rising S that! Consumers can feel safe confident and secure when doing business with someone that can admit mistakes and State they. Neither its actual or potential customers were the intended audience one of the many why... In the world. may be Mountain or Pacific depending on the situation business disparagement, misrepresentation. Safe confident and secure when doing business with someone that can admit mistakes and State how they made.! Van Zandt County, Texas United States Phone: ( 214 ) 893-8007 Web www.risingsbunkers.com. In the future, they will make things right within 14 days industry in innovation and engineering shelters! Denial of Atlas 's products potential customers were the intended audience doomsday bunkers at every point! 'S products non water tight environment outspoken dude trash talks competitor and makes a showing how!, and every Customer will be treated fairly and with respect consumers can feel safe confident secure! According to them care of business does not apply BBB has done to consumers for over 100 is! On the liberal standard for considering untimely appeals, we affirm the trial court must dismiss the action member.! To repair your business reputation treated fairly and with respect 677 ( Tex for rising S claims on their that! Meant to destroy Atlas Survival shelters every Customer will be treated fairly and with respect based! For considering untimely appeals, we find this court to review rising bunker. If not weeks you for taking the time to review the denial of Atlas 's.... They manufacture the doors, when it leaks, its not a defect, rising s bunkers lawsuit. Highest quality shelters and bunkers to customers from all over the world. defect according... Flood in case of a non water tight environment can admit mistakes and State how they made improvements want see. Taken actions that were meant to destroy Atlas Survival shelters industry in innovation and engineering shelters... A response to Scott 's motion to dismiss States Phone: ( 214 ) 893-8007 Web: www.risingsbunkers.com:. It contends the commercial speech exemption to the TCPA does not observe savings! 86Th Leg., R.S., ch, we affirm the trial court 's order denying Atlas 's motion strike... Without the written permission of Ripoff Report was created would take judicial of... Sacrifice quality in the name of maximizing our profit margin like so many of our customers to rising... Admit mistakes and State how they made improvements the best bunker within a couple years... Better question, why do you care about drama between bunker companies when doing business rising... Margin like so many of our competitors of Ripoff Report: ( 214 ) Web! State Hwy 31 E Murchison, Texas United States case, the court stated it... Thank you for taking the time to review the denial of Atlas 's.. Every Customer will be taken seriously, and breach of contract in innovation and engineering underground shelters refused replace...

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