They also told the BBB that their doors are "weatherproof" not "waterproof". 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. 27.010, TEX. It further asserts that Hubbard's live testimony given at the hearing is inadmissible because Rule 166a prohibits oral testimony. Rising S Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Hubbard is not just an "expert" in his field purportedly warning the public of a dangerous individual who sells inferior products. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. 01-18-00781-CV, 2019 WL 1186695, at *3 (Tex. 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 . 2019, no pet.). CIV. strict standards for business conduct. 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. On any party's motion, an appellate court may dismiss the appeal if it is subject to dismissal for want of jurisdiction. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. Follow. This report was posted on Ripoff Report on 07/06/2018 01:47 PM and is a permanent record located here: 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. Your email address will not be published. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. The money is better spent on land, supplies, transportation, or literally anything else. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. In that case, the whole website is a misprint. PRAC. Call Us At (214) 455-0560 For A Free Estimate We pride ourselves on customizing each bunker and bomb shelter to meet or exceed the client's specific needs. Top of the line is the " Aristocrat " for. See TEX. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. We overrule Atlas's fourth issue. In its petition, Scott alleges it and Atlas are direct competitors. PRAC. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. CIV. Nov. 18, 2020). Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. 2,479 Followers, 286 Following, 391 Posts - See Instagram photos and videos from Rising S Bunkers (@risingscompany) risingscompany. See Act of May 21, 2011, 82nd Leg., R.S., ch. See Verburgt v . Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. 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. 2020, no pet.). honestly, both companies are still in business, which means they aren't being sued out of existence, so they both must be doing something right. Why Ripoff Report will not release author information! Atlas's arguments are based in large part on the current version of Section 27.006(a) which provides that, in considering whether a legal action is subject to or should be dismissed under Chapter 27, the trial court shall consider the pleadings, evidence a court could consider under Texas Rule of Civil Procedure 166a, and supporting and opposing affidavits. & REM. The difference between Rising S Bunkers and other companies is passion. Walker , 606 S.W.3d 565, 570 (Tex. One of the larger Rising S bunkers is buried for a client. Millionaire Survivalists in Film Part 4. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. 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. Members of the Corporate Advocacy Business Remediation and Customer Satisfaction program do pay a fee for our on-site review, 24-hour monitoring and for support with customers to resolve any disagreements. 602-359-4357 when selection starts, press 5 then, three seconds later press 1 Say who you are! 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. & REM. Neither the TCPA nor Castleman requires the commercial transaction referenced in the third element be one conducted by the defendant, only that it involve the kinds of goods or services the defendant provides. Sav. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. op.). 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. CIV. CODE ANN. Rising S Company leads the industry in innovation and engineering underground shelters. 27.005(c), TEX. He describes this decision as fighting back against a bully and punching him in the mouth. He then went on to describe Rising Ss business model as being based on ruining their competitors. See TEX. 2007). See id . If you have any questions, please dont hesitate to give us a call. Excuse me, I believe rain and snow is "weather" last time I checked. I know this is an old post, but I didn't see anyone mentioning the lawsuit, so I figured I'd mention it: Apparently Rising S either sued, or is in the process of suing, Atlas for libel. & REM. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." Attached to the petition is a printout of online comments made by viewers of the videos. 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. Gen. Laws 960, 961-62 (amended 2019); TEX. CIV. 11. 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. ALL COMPANIES GET COMPLAINTS, BUT HOW THE COMPANY HANDLES THOSE COMPLAINTS, SEPARATES GOOD BUSINESSES FROM THE RESTRipoff Report Verified .. part of Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program.A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business.. By ED Magedson - Founder, Ripoff Report Rising S Company approached Ripoff Report with the intent of wanting to resolve any customer issues and reports posted on Ripoff Report. Estimated amount consumers saved since 1997: $15,590,010,907. 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. In its second issue, Atlas asserts that the trial court failed to apply the appropriate standard in its October 15 ruling, and the ruling contradicts itself. 2003) (per curiam). The people at Rising S Company did just that. We first note that the TCPA does not address whether the trial court may rule on a motion to dismiss after it has been denied by operation of law. Press J to jump to the feed. 2018). Nothing to do with any drama. Ron visits a 3-year-old Rising S bunker that costs around $500,000. CIV. 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. Insurance for tough times. CIV. 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. & REM. Atlas vs the competitor: a side-by-side comparison. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. PRAC. "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. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. & REM. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Profanchik , 578 S.W.3d 676, 681 n.2 (Tex. See Nelson v . & REM. Offering 100% lifetime welds and craftsmanship warranty. 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. & REM. In four issues, Atlas contends the trial court erroneously denied its motion to dismiss. I don't have the time or energy to go over all their false statements because there's just too many. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, a program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 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. 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. Atlas contends the statements cannot be barred merely because they have a connection to a commercial competitor. PRAC. 27.001(3), TEX. See TEX. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. Therefore, leave of court is presumed. if its so inferior. 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. App.Houston [1st Dist.] WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. March 14, 2019, no pet.) Ripoff Report always monitors these emails to insure the member business does what they agreed to. Act of May 21, 2011, 82nd Leg., R.S., ch. CODE ANN. Gen. Laws 960, 961 (amended 2019) (current version at TEX. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. 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. READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner Rising S bunkers range from $40,000 to well over $8 million. The Rising S Company is a pace setter and we set the proverbial bar in the industry with a quality and craftsmanship that is second to none and exceeds all other standards for underground shelters and emergency shelter solutions. I keep on seeing Rising S trashed but not a single source for anything. 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. See Act of May 21, 2011, 82nd Leg., R.S., ch. 341, 2, 2011 Tex. Regardless of the accuracy of Atlas's legal interpretation of the controlling date, it indicates the failure to file within twenty days of the date the motion was overruled by operation of law was not deliberate or intentional, but was the result of inadvertence or mistake, and satisfies the requirement for a reasonable explanation to justify the need for an extension. Yes. 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. 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. App.Houston [14th Dist.] 27.001(1). Regarding the YouTube videos, Atlas contends they are not admissible under Section 27.006 or Rule 166a, copies were not provided until the hearing, they were admitted over objection, and Scott showed only snippets of the videos to the court. CIV. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. (mem. It looks like a really expensive coffin to me. TEX. Hiding negative complaints is only a Band-Aid. Atlas filed its notice of appeal on October 22, 2019. CODE ANN. I wonder what Matt is alluding to when he talks about problems with Ron. Is there a source or site that runs down all these accusations towards Rising S? We now address Scott's contention that the motion to dismiss was properly denied because the libel, business disparagement, and breach of contract claims fall under the TCPA's commercial speech exemption. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. As always, Ripoff Report cannot guarantee that every customer or employee will always be 100% satisfied in every case, but we promise that if you have any concerns with Rising S Company LLC or any of our Corporate Advocacy Program members, we will do everything we can to see that the issue is addressed quickly and that you are treated fairly and with respect. PRAC. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. I'm completely out of the loop here. See TEX. App.Houston [1st Dist.] CODE ANN. Estimated amount consumers saved since 1997: $15,590,010,907. 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. Rising S Company - Bunkers and Shelters Clyde Wayne Scott, Managing Partner Gary Lynch, Murchison Texas, ABOUT THE RIPOFF REPORT BELOW:Ripoff Report would like to let readers know that Ripoff Report emailed this customer, so the member business could make things right with them. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. PRAC. CIV. Ripoff Report has an exclusive license to this report. denied); Grant v. Pivot Tech. Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. 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. If an action falls under a TCPA exemption, the TCPA does not apply and may not be used to dismiss the action. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. 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. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. 27.006(a). filed). PRAC. Rising S Company Reviews are here to show you everyone who loves working with us. They write that the only way to reinforce shipping containers is to"line it in concrete blocks or in woodboth of which are inferior methods compared to the strength of the heavy steel used in RSC units." Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. P. 42.3(a). Feuds between two competing companies benefit the end consumer the overwhelming majority of the time and this is no exception. Asserting that the videos were communications of consumer complaints and reviews involving Scott's business, Atlas claims this is the exact sort of communication the TCPA was designed to protect. 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? Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. 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. 286 following. 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. Who is ED Magedson - Founder, Ripoff Report. 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 . Sols., Ltd., 556 S.W.3d 865, 887 (Tex. In support of this argument, Atlas relies only on the version of Section 27.006(a) that went into effect on September 1, 2019, four months after Scott file this suit against Atlas. This program works. CIV. See TEX. & REM. 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. This is the best way to manage and repair your business reputation. An even better question, why do you care about drama between bunker companies? Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. On October 15, 2019, the court signed an order denying the motion to dismiss. 12-20-00054-CV (Tex. op.) 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. PRAC. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. CIV. Scott and Atlas are competitors in the survival shelter industry. P. 26.3. Rising S Blog Contact Us Home / Bomb Shelters | Pricing and Floor Plans / Bunker Options Bunker Options We Deliver And Install Anywhere In The World! 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