Atlas also contends there is no nexus between the statements and a commercial transaction. 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. Attention seeking for marketing.. Another reason to make a YT video or FB post. 27.008(a). Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. & REM. Nov. 18, 2020). The third video is allegedly in violation of the parties' Rule 11 agreement and is the basis of Scott's breach of contract claim. PRAC. 341, 2, 2011 Tex. 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. Millionaire Survivalists in Film Part 4. See Epperson , 2016 WL 4253978, at *11. Your on Reddit everyone cares about the drama. As a storage facility or sitting out a tornado, they're probably fine. Atlas contends that it does not sell the same product as Scott. PRAC. 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. & REM. Rising S Company recognized by Ripoff Report Verified as a safe business service. The member business must err on the side of their customers. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. 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. 286 following. 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 . 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. Scott met its burden to prove the third Castleman element. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. 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 . 27.008(a), TEX. It features two. App.Houston [1st Dist.] 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. 2,479 followers. 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. Below is the information about rising s bunkers lawsuit . "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. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. 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. Gen. Laws. Rising S refused to replace my rusted out NBC filtration system. 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. If you have any questions, please dont hesitate to give us a call. Ripoff Report | Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. With a 100% Lifetime welds and craftmanship warranty. op.) 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. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. 21.001(3), TEX. CODE ANN. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. I'm completely out of the loop here. Walker , 606 S.W.3d 565, 570 (Tex. 19-00111). Therefore, it argues, the October 15 order is not void and if not void, the notice of appeal filed on October 22 is certainly timely. 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. PRAC. Welcome to the Rising S Company official YouTube channel. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. 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. 391 posts. 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. The rules of civil procedure allow parties to amend pleadings within seven days of trial with leave of court, which is to be granted unless there is a showing of surprise to the opposite party. App.San Antonio 2019, no pet.). 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." 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. See TEX. After Atlas filed its notice of appeal in this court, Scott moved to dismiss the appeal for want of jurisdiction because the notice of appeal was filed more than twenty days after the motion to dismiss was denied by operation of law. 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. TEOTWAWKI doesn't mean you can't still have it all. App.Houston [14th Dist.] PRAC. Sav. Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. Why Ripoff Report will not release author information! 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. In that case, the whole website is a misprint. strict standards for business conduct. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. 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. 1988). Id . He claims these dissatisfied customers improperly installed their own bunker after purchasing it from him. Excuse me, I believe rain and snow is "weather" last time I checked. 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. Based on the new version's reference to rule of civil procedure 166a, Atlas argues that Scott's affidavit and second amended petition were not timely. 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). A bunker would have to be a lot nicer than a shipping box with stairs to really live in. A team from the Rising S company installs a bunker. PRAC. TEX. Atlas vs the competitor: a side-by-side comparison. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. March 14, 2019, no pet.) Rather, the decretal provisions of the judgment control. 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 . Here, although there are differences in how Scott's and Atlas's shelters are built, they each sell the same kind of good, underground survival shelters, in the market place to a common customer base. See Tex . The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. 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. & REM. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. All rights reserved. if its so inferior. READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner 27.010(a)(2). 27.001(3), TEX. denied). Yet their growth has been steady. App.Waco 2020, pet. Also, don't be afraid to ask questions and get additional information until you feel comfortable in allowing them to work for you. Gen. Laws 960, 961 (amended 2019) (current version at TEX. 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. 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. We as humans enjoy drama. Finally Atlas ha. This element can be restated as asking whether the statement or conduct at issue arose from the sale of services that the defendant provides. In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. 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. Because the commercial speech exemption is dispositive of this case, we need not address whether Scott met its burden to prove a prima facie case. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. More than 21,000 viewers watched "Texas Man," and more than 47,000 individuals watched "Lady in Minnesota." See Verburgt v . We lead the industry in innovation and engineering underground shelters. 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. But they want to warn you about all the very bad bunker and shelter companies out there, so much so, they dedicated an entire page titled "Know the Truth" telling consumers why all their competitors products are "inferior" and they have "bad ideas" and beware of these "fly by nights" so you can trust Rising S company Right? Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. Scott and Atlas are competitors in the survival shelter industry. It may not be copied without the written permission of Ripoff Report. 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). Attached to the petition is a printout of online comments made by viewers of the videos. Rising S Company leads the industry in innovation and engineering underground shelters. We conclude Atlas's videos are an exercise of the right of free speech. CODE ANN. CIV. We overrule Atlas's third issue. 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 . We provide the highest quality shelters and bunkers to customers from all over the world. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. One client purchased 1,000 high-quality air filters. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. 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. "It's by far, by 20. Rising S Company will of course always keep your information and location secure. We are always engineering new and exciting products to meet the standards of all of our customers. Dont click on those slick Ads! (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 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. 27.005(c), TEX. R. APP. |. This program works. See Nelson v . I own a corporation in Midland, Texas, and I am also a professional drag boat driver. Consumers should feel safe, confident and secure when doing business with a member of Ripoff Report's Corporate Advocacy Business Remediation & Customer Satisfaction Program, yes, a long name for a program that does a lot for both consumers and businesses alike. 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. Ignore that stupid shit. Rising S Bunkers offers up a wide range of bunker options for buyers at all different budgets, ranging from just under $40,000 to the low millions. 27.001(1). Tell us has your experience with this business or person been good? Rising S Blog Contact Us Home / Bomb Shelters | Pricing and Floor Plans / Bunker Options Bunker Options We Deliver And Install Anywhere In The World! Scott asserted that Atlas did not make reasonable efforts to verify its claims, knew the claims were false, or recklessly disregarded the truth when making the statements. We overrule Atlas's second issue. Id. 2020). During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. On any party's motion, an appellate court may dismiss the appeal if it is subject to dismissal for want of jurisdiction. PRAC. 2020, pet. 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. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Atlas Survival Shelters, LLC v. Clyde Scott and Rising S Company, LLC Appeal from 294th District Cou. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. Why Ripoff Report will not release author information! Atlas explained its belief that the October 15 written order modified the earlier denial of its motion by operation of law thereby beginning the time to file a notice of appeal on that date, making the notice of appeal timely filed well within the requisite twenty-day period. TEX. Ass'n of Bus. TEX. Well, if that's christian, then they give God and Texas a bad name. 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. Gen. Laws 960, 961 (amended 2019); Epperson v. Mueller , No. & REM. 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. 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. 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. 1998); Verburgt , 959 S.W.2d at 617. Rising S Company uses all steel throughout the entire structure which will not mold or grow bacteria over time. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. App.Tyler 2017, no pet.). Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. Gen. Laws 960, 961-62 (amended 2019); TEX. All rights reserved. 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. 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. See Morrison v . 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. See TEX. 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. PRAC. This is the best way to manage and repair your business reputation. If you're looking for some information that's important to you (such as research for work or learning how to manage your money), then the advice here is to first write down the relevant keywords on a piece of paper to figure out exactly what you want, which will be a lot more efficient. Corporate Advocacy Business Remediation and Customer Satisfaction Program. 2018) (per curiam). & REM. 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