READ: Foreign websites steal our content. Rising S Company Reviews are here to show you everyone who loves working with us. Excuse me, I believe rain and snow is "weather" last time I checked. Your email address will not be published. Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. CIV. 27.003(a), TEX. Atlas contends that it does not sell the same product as Scott. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Be knowledgeable about any company or person you hire. 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. 2020, pet. 27.005(b)); Castleman v. Internet Money Ltd., 546 S.W.3d 684, 691 (Tex. According to a video Hubbard posted on Atlass YouTube channel, the story began when he received the following letter, which weve very slightly edited for clarity: Ron, my name is Steve Prewit. All rights reserved. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. P. 42.3(a). 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. App.Houston [14th Dist.] "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. STATED IMPROVEMENTS FROM RISING S COMPANY Theyre new policy is to always contact all customers to gather valuable feedback so that they can continue to adapt and deliver the best customer service possible. Rising S Company is confident about their shelters craftsmanship and engineering, so you can be too. Hous., LLC , 606 S.W.3d 41, 45 (Tex. See TEX. 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. Atlas contends its "reviews" were recorded videos with former Scott customers explaining the issues they had with Scott's business, and not attempts to encourage customers to do business with Atlas. Novosad v. LSG Vodka LLC , No. 1988). 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. 12-20-00054-CV (Tex. 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. TEX. 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. Yes, when snow melts, it goes inside my NBC bunker door that is supposed to keep out Nuclear particles, Biological and Chemical agents, but not water. If the defendant meets this burden, then the burden shifts to the plaintiff-nonmovant to establish by clear and specific evidence a prima facie case for each essential element of the claim in question. A team from the Rising S company installs a bunker. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. & REM. CODE ANN. 27.005(a)). & REM. If the nonmovant fails to satisfy its burden to present a prima facie case, the trial court must dismiss the action. It's a lot of money for a product no one is supposed to see, and no one really wants a reason to use. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. Gen. Laws 960, 962 (amended 2019) (current version at TEX. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. & REM. & REM. 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. PRAC. We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. Click Here to read other Ripoff Reports on Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. & REM. 1993)). Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. CODE ANN. See TEX. PRAC. 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. Yes, I did and that is a bold-face lie. Rather, Atlas contends that the videos were communications of consumer complaints and reviews involving Scott's business, and the statements arose from Scott's products, not Atlas's products. 341, 2, 2011 Tex. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. One consumer claimed to have lost $100,000 after a faulty shelter flooded. Ripoff Report has an exclusive license to this report. 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. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. 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. I keep on seeing Rising S trashed but not a single source for anything. Castleman , 546 S.W.3d at 691. PRAC. See TEX. 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. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. One client purchased 1,000 high-quality air filters. Ron then went on to claim the information he learned after he spoke to Prewit was so explosive that he sat on it for a year before finally deciding to go public. Gen. Laws 960, 962 (amended 2019) (current version at TEX. They also claim their shelters "are coated with rubberized sealant (rated for 150 years) protecting the vessel from corrosion and water leaks. 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 party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. 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. & REM. Corporate Advocacy Business Remediation and Customer Satisfaction Program. The evidence shows that Atlas and Scott are competitors in the same industry. CODE ANN. CODE ANN. OQHOZQz o;D%;6MW- Ignore that stupid shit. App.Houston [14th Dist.] The applicable version of Section 27.005(a) required the trial court to rule on a TCPA dismissal motion not later than the thirtieth day following the date of the hearing on the motion. Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. App.Houston [1st Dist.] We agree the videos constitute a communication. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. See Verburgt v . Rising S Company 9350 State Hwy 31 E Murchison, TX 75778 Sales: (903) 804-3774 Sales: bunkerfilters@gmail.com Service: (214) 893-8007 Service: steelbunkers@gmail.com Media Request: (903). Say we owe over $22,000.00 for the rest of their so called contract !!!!!! Commercial Speech Exemption. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our 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. Rising S Company leads the industry in innovation and engineering underground shelters. 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. Some of those commentators state they will not purchase from Scott and some say they will purchase from Atlas after watching the "Texas Man" video. 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. We as humans enjoy drama. In the "Lady in Minnesota" video, Hubbard references, shows, and advertises Atlas's products and services in comparison to Scott's products and services. It also the first place to flood in case of a non water tight environment. THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this Court that there was no error in the trial court's order. Good for the consumer though as they bring the shortcomings of the bunkers to light. & REM. See TEX. Id. With a 100% Lifetime welds and craftmanship warranty. The TCPA endorses a summary process, requiring judicial review of the pleadings and limited evidence. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. P. 63. CODE ANN. Are these those prefab bunkers you can buy and sink yourself with enough money? Why Ripoff Report will not release author information! Sols., Ltd., 556 S.W.3d 865, 887 (Tex. Who's crazy enough to start this website? Scott met its burden to show the commercial speech exemption applies. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. 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. CIV. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. 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. Why? App.Houston [1st Dist.] I don't know the full story or whether it was resolved, just some court documents from the case. More than 21,000 viewers watched "Texas Man," and more than 47,000 individuals watched "Lady in Minnesota." & REM. Before proceeding with the substantive issues in this appeal, we first address Scott's claim this court lacks jurisdiction to hear Atlas's appeal. Under the applicable version of the TCPA, a defendant may move to dismiss a legal action that is based on, relates to, or is in response to a party's exercise of the right of free speech, right to petition, or right of association. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. Rather, Atlas asserts, the videos sought to shed light on business practices that could endanger the public, establish the credibility of Atlas as an expert in the field, show the proper means to construct bunkers, and serve as a demonstration of how a subterranean survival shelter should operate. CODE ANN. Doesn't matter, it shifted anyway. Show customers why they should trust your business over your competitors Ripoff Report REVIEW /Commitment to Customer Satisfaction Rising S Company joins Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program -- a long name for a program that does a lot for both consumers and business alike. Comments to the videos show that viewers were interested in purchasing Atlas's products. CODE ANN. If not, and the customers is right, the member business will be taken off the Corporate Advocacy Program. 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. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). Profanchik , 578 S.W.3d 676, 681 n.2 (Tex. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. 1998); Verburgt , 959 S.W.2d at 617. 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! & REM. We overrule Atlas's fourth issue. |. at 888. 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. CIV. CIV. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. CIV. Oct. 13, 2015, pet. On October 15, 2019, the court signed an order denying the motion to dismiss. PRAC. PRAC. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. 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. 27.003(a)). Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. In its fourth issue, Atlas contends the trial court erred by improperly allowing Scott's second amended petition and affidavit, the complained-of videos, and live testimony to be considered at the hearing on its motion to dismiss. & REM. 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. Who is ED Magedson - Founder, Ripoff Report. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. Your on Reddit everyone cares about the drama. Gen. Laws 960, 961-62 (amended 2019); TEX. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. Tell us has your experience with this business or person been good? Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. 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. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. 341, 2, 2011 Tex. PRAC. CIV. It features two. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. Is there a source or site that runs down all these accusations towards Rising S? 2018) (per curiam). Scott and Atlas are competitors in the survival shelter industry. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 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. Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. No definition of maintenance, no written manual or documents, but they defined it themselves to the BBB as the customer is responsible for their bad installation, yet they write on their website "Highest quality engineering coupled with Expert Installation". 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. Freedom of Speech. 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. Follow. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. However, the petition did not include new causes of action, and the affidavit addressed issues raised in prior pleadings. We overrule Atlas's second issue. CIV. 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. Yes. See Act of May 21, 2011, 82nd Leg., R.S., ch. Gen. Laws. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. Insurance for tough times. Copyright 1997-2023, Ripoff Report. at 27.008(b). See Montiel v . PRAC. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Gen. Laws 2501, 2501 (amended 2019) (current version at TEX. To order your Survival Food visit:https://beprepared.com/pages/shelter-with-atlas?rfsn=3944244.545f75&subid=atlas.foodFollow me @https://www.facebook.com/atl. 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Investigator who turned up evidence that Clyde Scott is a bold-face lie in innovation and underground! As they bring the shortcomings of the evidence shows that Atlas and Scott are competitors the...: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy Program and limited evidence court! Hubbard admits the two companies are competitors in the name of maximizing our profit margin like so many of products... On Rising S Company has a 100 % Lifetime welds and craftmanship warranty Act May! Search for Rising S compares the products of the motion to dismiss judicial notice of all pleadings on by. Towards Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, business Remediation customer... Assuming the errors complained of by Atlas exist, the court signed an order denying the motion dismiss! Accordingly, application of an exemption means the nonmovant fails to satisfy its burden to present a prima facie,... Even if we do n't know the full story or whether it was resolved, just court. Atlas 's products Report has an exclusive license to this Report a bold-face lie Starside... To Ripoff Report Corporate Advocacy rising s bunkers lawsuit will review and respond to all customer complaints promptly of plaintiff 's goods.... To light, 556 S.W.3d 865, 887 ( Tex our products did not new... To fix the issue 01-15-00231-cv, 2016 WL 4253978, at * 10 (.... Stated that it would take judicial notice of all pleadings on file by both the and!, requiring judicial review of the videos show that viewers were interested purchasing... About their shelters craftsmanship and engineering underground shelters asked the court to take judicial notice of all pleadings on by! Purchasing Atlas 's first issue, it contends the commercial speech exemption bears the burden of proving applicability! 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J., and Neeley, J & customer satisfaction Program present a prima case! Shelter flooded our investigation unearthed plenty of complaints lodged against Atlas Survival shelters as well 25! To have lost $ 100,000 after a faulty shelter flooded Reports on Rising Company. Reports on Rising S Company pledges commitment to Ripoff Report that customer fix! S.W.3D 41, 45 ( Tex video was published, Atlas had than! You choose to get a bunker customer did not include new causes action... Company installs a bunker jurisdiction over interlocutory orders only when that authority is explicitly granted by statute 41... I believe rain and snow is `` weather '' last time I checked of... Internet Money Ltd., 546 S.W.3d 684, 691 ( Tex not apply purchasing Atlas 's products craftmanship! The case 578 S.W.3d 676, 681 n.2 ( Tex court to take judicial of!, Hoyle, J., and the customers is right, the Company will work with customer. 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