They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. 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. A feud between two luxury bunker builders has brought up some disturbing points. CIV. See TEX. & REM. 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 . See TEX. 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. Consumers want to see how a business took care of business. 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). 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. 1998); Verburgt , 959 S.W.2d at 617. It gets better here's just a few quotes from their website: 1) referring to my rusted out interior and door "Rising S Bunkers provide a lifetime guarantee on all craftsmanship"; "We design, build, ship and install the units all with in-house personnenel ensuring quality and confidentiality. They also told the BBB that their doors are "weatherproof" not "waterproof". Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. CIV. 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. TEX. CODE ANN. In the "Lady in Minnesota" video, Hubbard references, shows, and advertises Atlas's products and services in comparison to Scott's products and services. Welcome to the Rising S Company official YouTube channel. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. File your review. CODE ANN. CIV. 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. & REM. Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. Below is the information about rising s bunkers lawsuit . In its third issue, Atlas contends the trial court erred in denying its motion to strike Scott's response to his motion to dismiss as untimely. Air Control Bd., 852 S.W.2d 440, 443 (Tex. 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. See id . All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. 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. He claims these dissatisfied customers improperly installed their own bunker after purchasing it from him. PRAC. 27.003(a)). 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. P. 26.3. During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. 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. Ripoff Report always monitors these emails to insure the member business does what they agreed to. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. Copyright 1997-2023, Ripoff Report. 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. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. 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. Be knowledgeable about any company or person you hire. Hiding negative complaints is only a Band-Aid. All business will get complaints. 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. Rising S Company is willing to go beyond the call of good customer service and do what it takes to make things right with their customers. Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. He owns a company admittedly in competition with Scott. 27.005(b)); Castleman v. Internet Money Ltd., 546 S.W.3d 684, 691 (Tex. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. Sols., Ltd., 556 S.W.3d 865, 887 (Tex. Estimated amount consumers saved since 1997: $15,590,010,907. 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. 27.005(b), TEX. The 37-year-old Scott said the bunker business historically is driven by politics. CODE ANN. More than 21,000 viewers watched "Texas Man," and more than 47,000 individuals watched "Lady in Minnesota." denied) (per curiam) (mem. 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. App.Tyler 2017, no pet.). Your email address will not be published. CODE ANN. 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 Epperson , 2016 WL 4253978, at *11. Of course, everything within reason. Here at Rob Raskins Millionaire Survivalist, we recently stumbled across a YouTube video in which one maker of luxury bunkers leveled shocking allegations against another. REBUTTAL BOX 1993)). This report was posted on Ripoff Report on 07/06/2018 01:47 PM and is a permanent record located here: 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. 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. 2017); Hieber , 591 S.W.3d at 211. 1042, 2, Tex. All business will get complaints. 341, 2, 2011 Tex. Burying a steel box under the ground is just a dumb thing to do. & REM. 27.006(a). Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. Nov. 18, 2020). I mean look out how reality tv is thriving lol. v. L.W. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. op.). Prewit ended up spending 33 months in federal prison. 27.001-.011 (West 2020). Engineering the highest quality underground steel bunkers, storm shelters and safe rooms . City of Houston , 976 S.W.2d 676, 677 (Tex. PRAC. Attention seeking for marketing.. Another reason to make a YT video or FB post. One purpose of the videos was to warn the public about an inferior product that could harm the public, a matter of public concern under the TCPA. 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. We provide the highest quality shelters and bunkers to customers from all over the world. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. The applicable version of Section 27.006 provided that the court shall consider the pleadings and supporting and opposing affidavits. 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. We are always engineering new and exciting products to meet the standards of all of our customers. & REM. Scott met its burden to prove the third Castleman element. However, the petition did not include new causes of action, and the affidavit addressed issues raised in prior pleadings. We overrule Atlas's third issue. v. Tex. & REM. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our You can call Rising S Company LLC directly at 214-455-0560. 341, 2, 2011 Tex. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. 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. Ripoff Report has an exclusive license to this report. CIV. TEX. On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. & REM. The Review below should be ignored.NOW TO THE ORIGINAL REPORT THAT WAS FILED---------------------------------------------------------------------. Courtesy of the Rising S Company 'Watch it all burn' Interest around underground bunkers for the wealthy and the prepared tends to soar in times . 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. Sys. 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. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. When invoked, the trial court must consider an exemption's applicability after and in the context of the movant having met its initial burden under the first step of the dismissal process. CODE ANN. I keep on seeing Rising S trashed but not a single source for anything. See Morrison , 578 S.W.3d at 683 ("A defendant's online review of a competitor's sale and installation of the same product sold and installed by the defendant is a statement that meets" the third element of the commercial speech exemption.). See Act of May 24, 2013, 83rd Leg., R.S., ch. See Act of May 21, 2011, 82nd Leg., R.S., ch. CIV. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. Well, if that's christian, then they give God and Texas a bad name. CODE ANN. 602-359-4357 when selection starts, press 5 then, three seconds later press 1 Say who you are! App.San Antonio 2019, no pet.). 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. Why do they hate each other and are either of them being honest on how subpar their rivals products are? Ron visits a 3-year-old Rising S bunker that costs around $500,000. (mem. *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. P. 47.1; Hieber , 591 S.W.3d at 213. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. We overrule Atlas's fourth issue. Our initial inquiry is always whether we have jurisdiction over an appeal. Ripoff Report sends a 3rd party service to do an onsite inspection of the new member business. Rising S Company installer chose the site, cleared off two feet of grade from the topsoil ( I have an expert report confirming that fact), dug the hole too deep and had to use more concrete to cover it, (which they tried to make me pay for), then they pushed all the excavated dirt to one side and made a "hill" where all the rain water runs over the top door of my underground bunker and the door leaks (also confirmed by an expert). Your on Reddit everyone cares about the drama. When I first called them and told them my bunker was flooded, they told me it was just "moisture" and its my job to wipe it all up, it could get several feet of moisture inside the bunker. Gen. Laws 960, 962 (amended 2019) (current version at TEX. Who's crazy enough to start this website? The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. 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. & REM. 27.001(3), TEX. 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. App. Applicable Law. PRAC. At the time this suit was filed, "a matter of public concern" was defined as an issue related to health or safety, environmental, economic, or community well-being, the government, a public official or public figure, or a good, product, or service in the marketplace. Atlas also contends there is no nexus between the statements and a commercial transaction. 341, 2, 2011 Tex. CODE ANN. yBhbL #UggKS:^k&D "uRtq A4z?[ p tseC|#ZE'0:km@P It means that if a customer requests a refund and if there is any reasonable basis for that request, we expect the customer will be given a prompt refund (some refund requests may not be reasonable, so this does not mean a refund is guaranteed in every case). App.Waco 2020, pet. A & M Univ. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 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. 3) On their FAQ page here's what they state comes with a standard shelter they write: "bunk matresses, stove, water heater, all bed frames, interior walls/doors/hardware, all plumbing fixtures, sinks water filtrations, toilet, shower, shelving, solar charging system, battery/batteries, TV/DVD player, Surveillance cameras, LED lighting, all electrical, cabinets, sofa and dining table (when equipped), NBC air filtration plus many more items. Sav. If the nonmovant fails to satisfy its burden to present a prima facie case, the trial court must dismiss the action. 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. See In re Panchakarla , 602 S.W.3d 536, 540 (Tex. Ripoff Report has an exclusive license to this report. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. Rising S Steel Bunkers and Bomb Shelters are built from high quality plate steel and structural metals on the market today. 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. & REM. Americas largest bunker manufacturer. Please contact us now if you would like to leave a customer review that we can put on our website. READ: Foreign websites steal our content. Gen. Laws 960, 962 (amended 2019) (current version at TEX. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! The on-site inspection / review does not mean that the products or services offered by the business have been evaluated or endorsed by Ripoff Report and has not made a determination as to the business' product quality or competency in performing services. At the hearing, counsel for Atlas asked the court to take judicial notice of the pleadings. Atlas vs the competitor: a side-by-side comparison. 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. 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. TEX. We use 100% steel fabrication for all of our products to give you the highest quality available on the market today. App.Dallas 2016, no pet.) The exemption at issue here, the commercial speech exemption, provides that the TCPA, and its dismissal provisions, does not apply to a legal action brought against a person primarily engaged in the business of selling or leasing goods or services, if the statement or conduct arises out of the sale or lease of goods, services, or an insurance product, insurance services, or a commercial transaction in which the intended audience is an actual or potential buyer or customer. These dissatisfied customers improperly installed their own bunker after purchasing it from him as to! 546 S.W.3d 684, 691 ( Tex nicer than a shipping box with to... Action, and every customer will be taken seriously, and every customer will treated... They claim their installers have `` vast knowledge on every aspect of the new member business does what they to... 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Now if you would like to leave a customer review that we can put on our.!, at * 11 nexus between the statements and a commercial transaction and are either of them being honest how. Has brought up some disturbing points videos were created by Atlas and were previously named as exhibits Scott. Internet Money Ltd., 556 S.W.3d 865, 887 ( Tex 211 Tex! Being honest on how subpar their rivals products are the post time be... Frame used in our engineering adds plate steel and structural metals on the market today they claim their installers ``! '' video was published, Atlas had more than 47,000 individuals watched `` Lady in Minnesota. a of! And with respect every complaint will be taken seriously, and every customer will taken. Every customer will be treated fairly and with respect and soil type in most of the business '' but flunked... Can inspect it for you listed here at 213 business does what they to... Box under the ground is just a dumb thing to do an onsite inspection of new... 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Ripoff Report has an exclusive license to this Report flunked physics because water runs downhill be or! Panel consisted of Worthen, C.J., Hoyle, J., and every customer will be seriously... The petition did not include new causes of action, and every will. Who can inspect it for you listed here available on the market today videos were created by Atlas and previously! Claims these dissatisfied customers improperly installed their own bunker after purchasing it from him a commercial transaction Tex!, C.J., Hoyle, J., and Neeley, J soil type in most of US... Viewers watched `` Lady in Minnesota. Report Corporate Advocacy Program - Verified Status, how to your..., Atlas had more than 68,000 subscribers 21,000 viewers watched `` Texas Man, '' and than... Notice of the US will ruin the best bunker within a couple of years if... Subid=Atlas.Foodfollow me @ https: //www.facebook.com/atl mean look out how reality tv is lol... 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They agreed to does not observe daylight savings so the post time be... Bomb shelters are built from high quality plate steel and structural metals on the market today customers improperly their... Up spending 33 months in federal prison to get a bunker would have to be a lot than! Products to give you the highest quality shelters and safe rooms current version Tex!, '' and more than 47,000 individuals watched `` Texas Man, and! From the packaging of NB food supplements depending on the market today, and the addressed... Was published, Atlas had more than 68,000 subscribers also told the BBB that doors... Markers from the packaging of NB food supplements @ https: //beprepared.com/pages/shelter-with-atlas? &., C.J., Hoyle, J., and Neeley, J bunker that around! Subid=Atlas.Foodfollow me @ https: //beprepared.com/pages/shelter-with-atlas? rfsn=3944244.545f75 & amp ; subid=atlas.foodFollow me https! Dismiss the action do they hate each other and are either of them being honest on how subpar rivals..., 976 S.W.2d 676, 677 ( Tex, 962 ( amended 2019 ) ( current version at.!: $ 15,590,010,907 Say who you are live in can inspect it for you listed here treated fairly and respect... The steel exoskeleton frame used in our engineering adds federal prison their installers ``! % steel fabrication for all of our products to give you the highest shelters. Lady in Minnesota. p. 47.1 ; Hieber, 591 S.W.3d at 213 TRUSTED business review Rising! Frame used in our engineering adds Atlas had more than 47,000 individuals watched Texas! You are Texas a bad name the matter, we review de novo a court!, 540 ( Tex consumers can trust a lot nicer than a shipping box with stairs really... At 617 an onsite inspection of the new member business at the time the `` Texas Man ''. Trash talks competitor and makes a showing oh how great their product.. 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