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. Yup I follow atlas though and never have questioned the rivalry. 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". Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. 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. Atlas claims 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. We conclude Atlas's videos are an exercise of the right of free speech. 2015). We agree the videos constitute a communication. Inside Billionaire Bunkers And business is booming at Texas-based Rising S Bunkers, with over 2,000% more inquiries from potential buyers concerned about their security. 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. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. 27.001(7)). Scott met its burden to show the commercial speech exemption applies. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. Imagine doing quarantine in one with your family, though. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. Consumers want to see how a business took care of business. On October 15, 2019, the court signed an order denying the motion to dismiss. & REM. Why Ripoff Report will not release author information! & REM. 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. When I asked where my surveillence cameras were, they said it was a misprint, which is still there, and has never been corrected. Rising S Company recognized by Ripoff Report Verified as a safe business service. In its motion to dismiss, Atlas stated that the "recording and publishing of the videos was a communication that is protected as an exercise of the right of free speech made in connection with a matter of public concern which is related to a good, product, or service in the marketplace." Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. 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. He owns a company admittedly in competition with Scott. Hanafin , 104 S.W.3d 884, 886 (Tex. 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. The posting time indicated is Arizona local time. I think it's just run of the mill competition bashing. We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. The evidence shows that Atlas and Scott are competitors in the same industry. Ignore that stupid shit. Make your practice more effective and efficient with Casetexts legal research suite. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." CIV. They claim their installers have "vast knowledge on every aspect of the business" but apparently flunked physics because water runs downhill. 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. 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. Rising S Steel Bunkers and Bomb Shelters are built from high quality plate steel and structural metals on the market today. CIV. CODE ANN. As a Part of the Corporate Advocacy Program the member business allows Ripoff Report to send an email to all of those who filed a complaint in the past, letting the customer know, the member business wanted to make things right with them, whatever it takes to do so. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. 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. 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. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. at 27.008(b). 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. & REM. It features two. Is Clyde Scott a bully? 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 . The people at Rising S Company did just that. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. Any publicity is good publicity. 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. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. Rising S Company leads the industry in innovation and engineering underground shelters. Id. 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. Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. Freedom of Speech. 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. Click Here to read other Ripoff Reports on Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. You can call Rising S Company LLC directly at 214-455-0560. I don't think it's typical company rivalry, I think there's some genuine animosity there. 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. 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. "; " We are the only bunker manufacturer that fabricates our very own blast doors in house." Therefore, leave of court is presumed. & REM. 286 following. However, Scott's cause of action for fraudulent misrepresentation concerns a phone call made by Ron Hubbard to Scott's attorney in which Hubbard claimed to be an attorney and discussed settlement of the case. All rights reserved. Who is ED Magedson - Founder, Ripoff Report. 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. P. 63. & REM. TEX. All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. Walker , 606 S.W.3d 565, 570 (Tex. 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. (dPZ wWmZ:Ci2%eR4CF4 %ivCBh/KeM9urFFZ8_[TQ.GfpOau.d+c|(/eD'-5Ii{m0c. In Atlas's first issue, it contends the commercial speech exemption to the TCPA does not apply. CIV. A Texas-based doomsday bunker company Rising S Bunkers has seen a huge spike in sales since Russia declared war and invaded Ukraine last week Rising S Bunkers sells survival shelters. You can see the shocking Atlas Bunkers video here. CODE ANN. See Jones v . 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. CODE ANN. It may not be copied without the written permission of Ripoff Report. During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. & REM. 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. The videos described commercial transactions in which two different customers purchased an underground bunker from Scott. Even though they manufacture the doors, when it leaks, its not a defect, according to them. CIV. 2017); Hieber , 591 S.W.3d at 211. Yes. P. 26.3. CIV. CODE ANN. & REM. See TEX. CODE ANN. & REM. 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 . See Morrison v . Well, if that's christian, then they give God and Texas a bad name. This is an accelerated interlocutory appeal brought pursuant to the Texas Citizens Participation Act (TCPA). Hubbard, however, had a different take on the situation. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. Yes, I did and that is a bold-face lie. Be knowledgeable about any company or person you hire. Russias Invasion of Ukraine: A Sign of Things to Come? Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. 27.006(a), TEX. 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. Again, to err on the side of their customer, those from the past and those in the future. 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. Company website run by crooks outside USA pretending to be in USA to get USA money taking your hard-earned dollars funneling it to the country of Peru, Better Business Bureau of South Florida BBB of South Florida Andre Amaro and the BBB of South Florida are harassing me and my small business! CODE ANN. 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. 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. If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our 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. App.Houston [14th Dist.] https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. Consumers want to see how a business took care of business. 19-00111). See Act of May 21, 2011, 82nd Leg., R.S., ch. P. 42.3(a). Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. Further, Atlas filed a response to Scott's motion to dismiss. 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. denied) (per curiam) (mem. Yes, its a long name for a program that does a lot for both consumers and businesses alike. 27.010(a)(2), TEX. RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS" Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. 27.005(a)). A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. CODE ANN. Security is what we do and we do it better than the rest. Novosad v. LSG Vodka LLC , No. 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. This program works. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. The statute contemplates that the amount and quality of evidence available at the time the motion is filed will be less than that available at trial on the merits or even at the summary-judgment stage. See Act of May 21, 2011, 82nd Leg., R.S., ch. CIV. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Luxury bunker builders and their teams know where everyones bunkers are located. 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. Scott and Atlas are competitors in the survival shelter industry. Rising S Company leads the industry in innovation and engineering underground shelters. & REM. Offering 100% lifetime welds and craftsmanship warranty. Atlas answered and moved to dismiss the suit pursuant to the TCPA. Hous., LLC , 606 S.W.3d 41, 45 (Tex. If theyre not trustworthy, who is to say they wont come to take what you have after TEOTWAWKI? 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. In order to confirm that the complaints were resolved, Ripoff Report is copied on all responses, so we can insure that the member business did right by their customer. Does not apply get a bunker I know someone with experience who can inspect it for you listed here just. Those from the past and those in the Survival shelter industry hubbard, however had! Owns a Company admittedly in competition with Scott effective and efficient with Casetexts legal research suite deadline... 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