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. ; see also Martin v . 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. See Montiel v . When a business joins the Corporate Advocacy Program, Ripoff Report emails everyone from the past so the member business can make things right with them. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. 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. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. Also, don't be afraid to ask questions and get additional information until you feel comfortable in allowing them to work for you. See Act of May 21, 2011, 82nd Leg., R.S., ch. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. "; " We are the only bunker manufacturer that fabricates our very own blast doors in house." PRAC. It also the first place to flood in case of a non water tight environment. PRAC. Id. An even better question, why do you care about drama between bunker companies? As a storage facility or sitting out a tornado, they're probably fine. & REM. 2020, no pet.). 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. Can anyone explain the feud between Atlas and Rising S Bunkers? 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. 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. CIV. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Castleman , 546 S.W.3d at 691. The truth is, none of the luxury shelter companies have spotless reputations. Profanchik , 578 S.W.3d 676, 681 n.2 (Tex. Moreover, we need not consider the live testimony to determine if the trial court's ruling was appropriate because the allegations in the petition and the videos themselves are sufficient for our review. Atlas also contends there is no nexus between the statements and a commercial transaction. Rising S Company LLC receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. 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. With a 100% Lifetime welds and craftmanship warranty. 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. & REM. 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. 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. See Act of May 17, 2019, 86th Leg., R.S., ch. The record is clear that the hearing on Atlas's motion to dismiss was held and concluded on August 26 and that an order denying the motion was rendered on October 15. & REM. See Act of May 21, 2011, 82nd Leg., R.S., ch. Your email address will not be published. It features two. 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. Consumers love to do business with someone that can admit mistakes and state how they made improvements. PRAC. Imagine doing quarantine in one with your family, though. Lechin , No. 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. The third Castleman element examines whether "the statement or conduct at issue arose out of a commercial transaction involving the kind of goods or services the defendant provides." A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. 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. What does that mean? They have made a commitment that if anyone contacts Ripoff Report in the future, they will make things right within 14 days. See Hone v . Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. CIV. 2020). CIV. Rising S Company uses all steel throughout the entire structure which will not mold or grow bacteria over time. P. 26.1(b). One consumer claimed to have lost $100,000 after a faulty shelter flooded. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. 12-20-00054-CV (Tex. 14-15-00424-CV, 2015 WL 5935825, at *1 (Tex. 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. 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. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. We overrule Atlas's second issue. 21.001(3). The 37-year-old Scott said the bunker business historically is driven by politics. 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. See Nelson v . The factual recitations preceding the decretal portion of a judgment form no part of the judgment itself. I'm guessing because I don't have a dog. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. 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 Company leads the industry in innovation and engineering underground shelters. PRAC. 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, 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. Gen. Laws 960, 962 (amended 2019) (current version at TEX. Dont click on those slick Ads! Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. Well unless its our own drama I guess . Say we owe over $22,000.00 for the rest of their so called contract !!!!!! CODE ANN. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Why Ripoff Report will not release author information! 341, 2, 2011 Tex. Click Here to read other Ripoff Reports on Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. City of Houston , 976 S.W.2d 676, 677 (Tex. Rather, Atlas asserts, the videos sought to shed light on business practices that could endanger the public, establish the credibility of Atlas as an expert in the field, show the proper means to construct bunkers, and serve as a demonstration of how a subterranean survival shelter should operate. 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. Ron visits a 3-year-old Rising S bunker that costs around $500,000. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. CODE ANN. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. This report was posted on Ripoff Report on 07/06/2018 01:47 PM and is a permanent record located here: I don't think it's typical company rivalry, I think there's some genuine animosity there. CODE ANN. CIV. It's almost like guerrilla marketing for both parties though because I would have never heard of the other. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. On October 15, 2019, the court signed an order denying the motion to dismiss. He claims these dissatisfied customers improperly installed their own bunker after purchasing it from him. Justice Opinion delivered November 18, 2020. CIV. 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). CODE ANN. See Hawkins , 606 S.W.3d at 47. Who is ED Magedson - Founder, Ripoff Report. The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. 1988). The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. 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? CIV. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. All rights reserved. (mem. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Attached to the petition is a printout of online comments made by viewers of the videos. 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. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. 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. We conclude that the intended audience of the videos was comprised of actual or potential buyers or customers of Atlas's products. 2017); Hieber , 591 S.W.3d at 211. Who is ED Magedson - Founder, Ripoff Report. (per curiam) (mem. I own a corporation in Midland, Texas, and I am also a professional drag boat driver. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! 27.005(c), TEX. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. 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. This is an accelerated interlocutory appeal brought pursuant to the Texas Citizens Participation Act (TCPA). Our initial inquiry is always whether we have jurisdiction over an appeal. CODE ANN. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. In its petition, Scott alleges it and Atlas are direct competitors. Yes, Atlas is THE place to go. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. CIV. See Hawkins , 606 S.W.3d at 44 n.2. 1042, 2, 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. Tell us has your experience with this business or person been good? PRAC. Atlas contends the statements cannot be barred merely because they have a connection to a commercial competitor. 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. See Act of May 21, 2011, 82nd Leg., R.S., ch. Ass'n of Bus. Rising S Company leads the industry in innovation and engineering underground shelters. All rights reserved. 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. See In re Panchakarla , 602 S.W.3d 536, 540 (Tex. I would like to thank you for taking the time to review Rising S Company. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. In re Lipsky , 460 S.W.3d 579, 589 (Tex. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. Rising S Company recognized by Ripoff Report Verified as a safe business service. 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. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. e:dF M '> j 4W*WY I^b"B@5,QYA -5S^F B(f A6 qR$,Tzu5 /pL q*. CIV. strict standards for business conduct. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. Scott and Atlas are competitors in the survival shelter industry. Estimated amount consumers saved since 1997: $15,590,010,907. yBhbL #UggKS:^k&D "uRtq A4z?[ p tseC|#ZE'0:km@P PRAC. Finally Atlas ha. 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. See TEX. 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. Further, Atlas filed a response to Scott's motion to dismiss. CODE ANN. 341, 2, 2011 Tex. See Verburgt v . I lost $250K and received 33 months in federal prison. 27.001(3), TEX. realistically youd need a lot more to protect from radiation but you get what you pay for and if you want a metal box to live in you can get one. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. Has your experience with this business or person been good? 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. CIV. Russias Invasion of Ukraine: A Sign of Things to Come? Rising S refused to replace my rusted out NBC filtration system. CIV. 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