See Goswami v . The Review below should be ignored.NOW TO THE ORIGINAL REPORT THAT WAS FILED---------------------------------------------------------------------. CODE ANN. TEX. We overrule Atlas's second issue. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. 341, 2, 2011 Tex. CODE ANN. I'm completely out of the loop here. Our employees are not only skilled fabricators and craftsmen, but they are also like minded & trustworthy individuals that are also preparing their own families for whatever uncertainty the future has in store. Estimated amount consumers saved since 1997: $15,590,010,907. Well, if that's christian, then they give God and Texas a bad name. Gen. Laws 960, 962 (amended 2019). & REM. Were always happy to answer any questions you have about our company, our products or the process of adding these security solutions to your life. The money is better spent on land, supplies, transportation, or literally anything else. 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. 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. Who is ED Magedson - Founder, Ripoff Report. All rights reserved. Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. 2020, pet. Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. During its construction, Scott observed Prewit firing and selling these weapons. Is there a source or site that runs down all these accusations towards Rising S? CIV. 1998); Verburgt , 959 S.W.2d at 617. There are so many false claims, I don't know where to begin. CODE ANN. 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. The 37-year-old Scott said the bunker business historically is driven by politics. 27.005(a), TEX. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. visit us at https://risingsbunkers.com to see why our team is the best in the world." Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. We overrule Atlas's third issue. It's an interesting idea but aren't there also questions about long term feasibility with them? 27.006(a). 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. 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. A & M Univ. 19-00111). CIV. PRAC. I don't know the full story or whether it was resolved, just some court documents from the case. & REM. In the summer of 2012, Prewit gave Scott $250K to build a bunker. 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. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 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. 21.001(3), TEX. If theyre not trustworthy, who is to say they wont come to take what you have after TEOTWAWKI? 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. Copyright 1997-2023 Ripoff Report. The videos described commercial transactions in which two different customers purchased an underground bunker from Scott. Any issues you think you cannot resolve with any member of Ripoff Report's Corporate Advocacy Program, please contact us at EDitor@ripoffreport.com.Remember, just because a company or individual is reported on Ripoff Report does not mean you should not do business with them. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. REBUTTAL BOX See Act of May 21, 2011, 82nd Leg., R.S., ch. Even though they manufacture the doors, when it leaks, its not a defect, according to them. See id . Atlas contends the statements cannot be barred merely because they have a connection to a commercial competitor. 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. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. We discern no abuse of discretion in the trial court's consideration of the videos. As a storage facility or sitting out a tornado, they're probably fine. In his video, Ron recommends whenever possible purchasing a bunker and hiring your own team to transport and install it for your own personal security. While this is clearly proof that Scott has committed crimes in the past, it is not clear if Prewit has any clear evidence that he is the informant that led to his arrest. 1988). at 888. 27.008(a). 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. Therefore, it argues, the October 15 order is not void and if not void, the notice of appeal filed on October 22 is certainly timely. strict standards for business conduct. Ron visits a 3-year-old Rising S bunker that costs around $500,000. See TEX. Copyright 1997-2023, Ripoff Report. 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. CIV. Top of the line is the " Aristocrat " for. 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). See Tex . 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. CODE ANN. Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. 27.003(a), TEX. Ron's Bad Bunkers is owned by Rising S, a company that has been thoroughly shown to be acting in bad faith and building deathtraps; I wouldn't trust a word they say. Atlas contends that it does not sell the same product as Scott. PRAC. PRAC. The defendant-movant bears the initial burden of showing that the conduct that forms the basis of the claim against it is protected by the TCPA, that is, that the suit is based on, relates to, or is in response to the movant's exercise of its right to free speech, association, or petition. 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. The posting time indicated is Arizona local time. PRAC. Dorner , 959 S.W.2d 615, 616 (Tex. (per curiam) (mem. Atlas vs the competitor: a side-by-side comparison. Therefore, leave of court is presumed. 27.010; Best v. Harper , 562 S.W.3d 1, 11-12 (Tex. August 11, 2016, no pet.) REBUTTAL BOX & REM. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. denied); Grant v. Pivot Tech. OQHOZQz o;D%;6MW- Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS. Say we owe over $22,000.00 for the rest of their so called contract !!!!!! 27.001(3), TEX. We overrule Atlas's first issue. I know this is an old post, but I didn't see anyone mentioning the lawsuit, so I figured I'd mention it: Apparently Rising S either sued, or is in the process of suing, Atlas for libel. App.Houston [1st Dist.] 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. See Best , 562 S.W.3d at 12. How those businesses take care of those complaints is what separates good businesses from the rest. "; " We are the only bunker manufacturer that fabricates our very own blast doors in house." 21.001(3). 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. Lechin , No. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. 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. Who is ED Magedson - Founder, Ripoff Report. & REM. Ass'n of Bus. Advertisers above have met our This court overruled Scott's motion and set the case for submission. 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. & REM. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 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). Freedom of Speech. App.Amarillo 2018, pet. I'm guessing because I don't have a dog. See Round Table Physicians Group , PLLC v. Kilgore , 607 S.W.3d 878, 883 (Tex. WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS Rising S Company uses all steel construction unlike some of our other competitors. PRAC. See Hawkins , 606 S.W.3d at 44 n.2. On any party's motion, an appellate court may dismiss the appeal if it is subject to dismissal for want of jurisdiction. PRAC. Rising S Company will of course always keep your information and location secure. CODE ANN. 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. This is the best way to manage and repair your business reputation. Our initial inquiry is always whether we have jurisdiction over an appeal. However, they encased my underground bunker in concrete. TEX. (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). 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. 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. Where there appears to be a discrepancy between the judgment's recital and decretal paragraphs, a trial court's recitals, which precede the decretal portion of the judgment, do not determine the rights and interests of the parties. Rising S Company sells underground doomsday bunkers at every price point. Rising S Company uses all steel throughout the entire structure which will not mold or grow bacteria over time. Uses all steel construction unlike some of our other COMPETITORS site that runs down these. 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