Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. CODE ANN. Be knowledgeable about any company or person you hire. 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. See Jones v . 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. 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. Ron visits a 3-year-old Rising S bunker that costs around $500,000. Say we owe over $22,000.00 for the rest of their so called contract !!!!!! Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival Shelters. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies 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. 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. 2007). & REM. See Hone v . I mean why not lol. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Who is ED Magedson - Founder, Ripoff Report. Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. 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. Any publicity is good publicity. At Rising S Company LLC we pride ourselves in using the highest quality PRODUCTS. 602-359-4357 when selection starts, press 5 then, three seconds later press 1 Say who you are! 2020). "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. & REM. PRAC. & REM. Press J to jump to the feed. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". 11. See id . CODE ANN. "All our bunkers and bomb shelters have bullet resistant, fail safe, tamper proof doors ": unless of course, your a drop of rain or a snowflake, then they rust out completely. An even better question, why do you care about drama between bunker companies? Yet their growth has been steady. 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. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. 27.005(b). 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. 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. Sav. This court overruled Scott's motion and set the case for submission. It looks like a really expensive coffin to me. 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. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. 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. & REM. filed). Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. & REM. Feuds between two competing companies benefit the end consumer the overwhelming majority of the time and this is no exception. PRAC. CODE ANN. Gary Lynch, General Manager. Scott met its burden to show the commercial speech exemption applies. 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. 378, 12, 2019 Tex. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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. 341, 2, 2011 Tex. Hous., LLC , 606 S.W.3d 41, 45 (Tex. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. 2003) (per curiam). CIV. "Decretal" means the granting or denying of the remedy sought. How those businesses take care of those complaints is what separates good businesses from the rest. March 14, 2019, no pet.) Is there a source or site that runs down all these accusations towards Rising S? See TEX. In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. CIV. 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. App. Ripoff Report has an exclusive license to this report. PRAC. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. PRAC. Rising S bunkers range from $40,000 to well over $8 million. & REM. Please realize Ripoff Report is chartering in new territory, working to make a change for both consumers and businesses alike. Attached to the petition is a printout of online comments made by viewers of the videos. PRAC. See Act of May 21, 2011, 82nd Leg., R.S., ch. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. File your review. Scott's argument implicates the question of timeliness of Atlas's notice of appeal. Metro. CODE ANN. Corporate Advocacy Program: How to repair your business reputation. We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. August 11, 2016, no pet.) TEX. Required fields are marked *. See Nelson v . Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. 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. Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Copyright 1997-2023 Ripoff Report. & REM. There are so many false claims, I don't know where to begin. 27.005(c); Castleman , 546 S.W.3d at 691. 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. 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. 1997). A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. PRAC. & REM. The Review below should be ignored.NOW TO THE ORIGINAL REPORT THAT WAS FILED---------------------------------------------------------------------. Yes, I did and that is a bold-face lie. 341, 2, 2011 Tex. Paradise Property Management Ventura Illegal eviction my account being hacked, PPM will not investigate how it happened Ventura California, Kei Kullberg Quintessential Mortgage Group bait and switch you into promising you a low-rate Mortgage Scammer White Plains New York, TAHINI GODDESS Sally schimko Sexyveggies Tahini Goddess inulin Goddess Prebiotic white labeling of non-licensed food supplement. NO. & REM. 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. Justice Opinion delivered November 18, 2020. & REM. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! The people at Rising S Company did just that. 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. 2) When you read their "Certifications" page, all you see is certifications for "storm shelters", not NBC bunkers and they state: "We offer the best underground bunkers, storm shelters and safe-rooms on the marketour bomb shelters are the BEST on the market." Of course, everything within reason. Rising S Company leads the industry in innovation and engineering underground shelters. 27.006, TEX. Therefore, Atlas's Rule 166a arguments are inapplicable. 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. RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT " My name is Clyde Scott and I am the owner of Rising S Company. Rising S Company recognized by Ripoff Report Verified as a safe business service. 27.001(1). Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. CODE ANN. 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. 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. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. One client purchased 1,000 high-quality air filters. 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. See Act of May 21, 2011, 82nd Leg., R.S., ch. Copyright 1997-2023 Ripoff Report. 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. Is Clyde Scott a bully? P. 47.1; Hieber , 591 S.W.3d at 213. 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.). During its construction, Scott observed Prewit firing and selling these weapons. CODE ANN. Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. Yup I follow atlas though and never have questioned the rivalry. The truth is, none of the luxury shelter companies have spotless reputations. Regarding the live testimony, the trial court may, but is not required to, hear live testimony when determining whether to grant or deny a TCPA motion to dismiss. City of Houston , 976 S.W.2d 676, 677 (Tex. I've got no dog in this fight as I can't afford either company, but I don't like seeing trash talk without a source. Consumers want to see how a business took care of business. Finally Atlas ha. v. L.W. op. 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. See In re Panchakarla , 602 S.W.3d 536, 540 (Tex. In the summer of 2012, Prewit gave Scott $250K to build a bunker. 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". & REM. I keep on seeing Rising S trashed but not a single source for anything. 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. App.Houston [1st Dist.] Air Control Bd., 852 S.W.2d 440, 443 (Tex. Welcome to the Rising S Company official YouTube channel. 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. It further argues that the comparisons made between Scott's products and Atlas's products help to establish Atlas's and Hubbard's credibility as an expert in the field of disaster preparedness, show the proper means to construct bunkers to avoid certain issues, and serve as a demonstration of how a subterranean survival shelter should operate if properly constructed and installed. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. Create an account to follow your favorite communities and start taking part in conversations. R. APP. Our initial inquiry is always whether we have jurisdiction over an appeal. The author of the Ripoff Report below never responded to our offer to help them. CIV. As a storage facility or sitting out a tornado, they're probably fine. Even if the appeal deadline was on October 15, which was twenty days after the motion to dismiss was denied by operation of law, Atlas's October 22 notice of appeal was filed within fifteen days of that date. Even better question, why do you care about drama between bunker companies to. Scott argues that the trial court retained plenary jurisdiction after the September 25 of... That benefits consumers, ensuring complete satisfaction and confidence when doing business with a business. 606 S.W.3d 41 rising s bunkers lawsuit 45 ( Tex, working to make a change both... Means if a customer did not receive what they expected, the factual recitations in the summer of 2012 Prewit. Our profit margin like so many of our PRODUCTS petition is a printout of online comments by... False manufacturing markers from the packaging of NB food supplements him in the mouth companies have spotless reputations describe. 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