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. v. L.W. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. I lost $250K and received 33 months in federal prison. 27.006, TEX. CIV. See Act of May 21, 2011, 82nd Leg., R.S., ch. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. "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. 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. Are these those prefab bunkers you can buy and sink yourself with enough money? Hubbard posted a third video on June 23, 2019, after Scott filed this suit, entitled "World Expert Visits a Badly Engineered $500,000 Bomb Shelter," in which Hubbard allegedly referred to Scott disparagingly. Rising S Blog Contact Us Home / Bomb Shelters | Pricing and Floor Plans / Bunker Options Bunker Options We Deliver And Install Anywhere In The World! op.) See Best , 562 S.W.3d at 12. 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. CODE ANN. & REM. WardenWolf 2 yr. ago. & REM. PRAC. 27.005(c); Castleman , 546 S.W.3d at 691. 27.005(a)). We provide the highest quality shelters and bunkers to customers from all over the world. 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. How those businesses take care of those complaints is what separates good businesses from the rest. Justice Opinion delivered November 18, 2020. 341, 2, 2011 Tex. We need not specifically answer whether the trial court retained plenary power as to Atlas's motion to dismiss after it was denied by operation of law, or whether the September 25 or October 15 date controls the appellate timeline. Please contact us now if you would like to leave a customer review that we can put on our website. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. 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. However, the petition did not include new causes of action, and the affidavit addressed issues raised in prior pleadings. "It's by far, by 20. 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. Therefore, Atlas's Rule 166a arguments are inapplicable. I think they are being honest, but I think its also important to remember what these companies are providing. Burying a steel box under the ground is just a dumb thing to do. CODE ANN. The "Lady in Minnesota" video opens and ends with the Atlas logo. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. PRAC. 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. Rather, the decretal provisions of the judgment control. & REM. At Rising S Company LLC we pride ourselves in using the highest quality PRODUCTS. Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Scott and Atlas are competitors in the survival shelter industry. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. & REM. If you would like to what I have to say, please give me a call. CIV. The money is better spent on land, supplies, transportation, or literally anything else. Atlas Survival Shelters, LLC appeals the denial of its motion to dismiss the libel suit brought by Clyde Scott and Rising S Company, LLC (collectively Scott). First of all, the bunker was installed wrong. See Act of May 21, 2011, 82nd Leg., R.S., ch. Walker , 606 S.W.3d 565, 570 (Tex. Metro. Gen. Laws 960, 961-62 (amended 2019); TEX. CODE ANN. 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. App.Amarillo 2018, pet. Consumers want to see how a business took care of business. 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. CODE ANN. 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.). However, the amendment containing this change became effective September 1, 2019. Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. Why? 27.006(a). Here, the record does not show whether Scott obtained leave of court. PRAC. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. By encouraging viewers to compare products offered by the two companies, Hubbard not only reviewed Scott's products but, simultaneously offered up Atlas's products as the superior alternative. 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. August 11, 2016, no pet.) PRAC. See TEX. I mean look out how reality tv is thriving lol. Some people probably agree that Rising S has some shortcomings, and others probably think the flaws being pointed out are exaggerated, and that the behavior of Atlas is unprofessional. Ripoff Report has an exclusive license to this report. A hearing on the motion to dismiss was held on August 26, 2019. CODE ANN. 27.001(1). & REM. CODE ANN. While Section 27.005(a) requires a timely ruling on a motion to dismiss, it says nothing about a trial court's plenary power outside the statute's thirty-day deadline. I think it's just run of the mill competition bashing. CODE ANN. 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. Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. While we cant make a definitive statement regarding which companyor if either of themare in the right or whether or not the allegations against Clyde Scott are true, this situation brings up some more troubling issues. You can call Rising S Company LLC directly at 214-455-0560. Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. See Act of May 21, 2011, 82nd Leg., R.S., ch. Hiding negative complaints is only a Band-Aid. 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! 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. CIV. 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. CIV. 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. & REM. Ripoff Report has determined that Rising S Company meets Ripoff Report Verified standards which include a commitment to make a good faith effort to resolve any consumer complaints. Even if we agree with Atlas's interpretation and applicability of the legislature's intent as shown by the 2019 amendment, the fact remains that its "reviews" are immersed in and interconnected with Atlas's role as a seller of underground survival shelters. (mem. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. PRAC. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival 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. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . 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). Product/service. Welcome to the Rising S Company official YouTube channel. 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. I suspect Ron at Atlas genuinely believes Rising S is a subpar product and is going after them for what he considers legitimate faults on their shelter design rather than it being a matter of marketing, although I can't say for sure. & REM. Your email address will not be published. This report was posted on Ripoff Report on 07/06/2018 01:47 PM and is a permanent record located here: Id. Atlas made a bona fide attempt to invoke the appellate jurisdiction of this court by offering a reasonable explanation for failing to timely file its notice of appeal by October 15, if that was the controlling date. Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. Rising S Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Consumers love to do business with someone that can admit mistakes and state how they made improvements. & REM. 2019, no pet.). & REM. Rising S Company uses all steel throughout the entire structure which will not mold or grow bacteria over time. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Atlas Survival Shelters, LLC v. Clyde Scott and Rising S Company, LLC Appeal from 294th District Cou. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. A feud between two luxury bunker builders has brought up some disturbing points. CODE ANN. See Act of May 21, 2011, 82nd Leg., R.S., ch. In the summer of 2012, Prewit gave Scott $250K to build a bunker. 2018). Engineering the highest quality underground steel bunkers, storm shelters and safe rooms . We discern no abuse of discretion in the trial court's consideration of the videos. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. Rising S Company leads the industry in innovation and engineering underground shelters. We enjoy it. I don't think it's typical company rivalry, I think there's some genuine animosity there. He owns a company admittedly in competition with Scott. STATED IMPROVEMENTS FROM RISING S COMPANY Theyre new policy is to always contact all customers to gather valuable feedback so that they can continue to adapt and deliver the best customer service possible. READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner The third video is allegedly in violation of the parties' Rule 11 agreement and is the basis of Scott's breach of contract claim. 27.003(a)). A Texas-based doomsday bunker company Rising S Bunkers has seen a huge spike in sales since Russia declared war and invaded Ukraine last week Rising S Bunkers sells survival shelters. Further, regardless of whether the motion was denied by operation of law or by the October 15 order, our review of the denial will be de novo such that any factual recitations would be irrelevant in our analysis. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. PRAC. Nothing to do with any drama. Did Rising S Bunkers really cause one of their customers to go to prison for three years, or are these baseless accusations that are part of a long-standing feud between owner Clyde Scott and his competitor Atlas Survival Shelters, which is owned by Ron Hubbard. See TEX. Here's why:Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. 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. 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 . 27.003(a), 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. When they approached Ron about the problem, they claim he became belligerent. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. 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. We are a US based company out of Murchison TX so all of our products are made and shipped from the USA. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. Atlas has not shown surprise. Because this claim is not based on Atlas's exercise of the right of free speech, right to petition, or right of association, this claim cannot be dismissed pursuant to the TCPA. CIV. (citing Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. Comments to the videos show that viewers were interested in purchasing Atlas's products. He claims these dissatisfied customers improperly installed their own bunker after purchasing it from him. Our initial inquiry is always whether we have jurisdiction over an appeal. Dont click on those slick Ads! Attached to the petition is a printout of online comments made by viewers of the videos. PRAC. Rising S bunkers range from $40,000 to well over $8 million. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Rising S Company leads the industry in innovation and engineering underground shelters. op.). CODE ANN. 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. CIV. Again, to err on the side of their customer, those from the past and those in the future. 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? v. Tex. 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". Id. PRAC. In its brief, Scott asserts that the trial court lacked authority to issue its October 15 order, and therefore that order is void and unappealable. He avoids prison time by being a snitch. He believes Scott made up a story about him and ratted him out to the FBI because the government is using him to get information. I wonder what Matt is alluding to when he talks about problems with Ron. filed). 1993)). App.Houston [14th Dist.] Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. PRAC. App.Tyler 2017, no pet.). This is the best way to manage and repair your business reputation. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Atlas contends the statements cannot be barred merely because they have a connection to a commercial competitor. 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. Novosad v. LSG Vodka LLC , No. Its the equivalent of Ferrari and Lamborghini yelling at each other over having shitty seats, then proves to the world that they are shitty by finding examples of where they were shitty and making videos about it. In its petition, Scott alleges it and Atlas are direct competitors. Follow. 341, 2, 2011 Tex. CIV. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. All business will get complaints. He further claims Scott rolled on him to the FBI, falsely claiming to them that Prewit had a 40-man militia that called him Colonel. The next time they came out they had an FBI agent among their crew members. Did I just hear Rising S state that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker? 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. See id . 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. The posting time indicated is Arizona local time. How does a business get Ripoff Report Verified The member business allows Ripoff report to email everyone from the past. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. CODE ANN. 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. 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. State that their coating eliminates moisture & corrosion because it self-regulates the temperature INSIDE the bunker was wrong. Markers from the rest at 214-455-0560 comments made by viewers of the judgment control business review rising. 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