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. March 14, 2019, no pet.) All you will need once completely installed and ready to go are your personal items and food.". One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of his interactions with Clyde Scott when he purchased a Rising S shelter. CIV. 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. 27.005(d), TEX. 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. CIV. Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. We do not sacrifice quality in the name of maximizing our profit margin like so many of our competitors. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. App.Amarillo 2018, pet. & REM. Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. See Brown Sims P .C. Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. 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. 341, 2, 2011 Tex. PRAC. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. As a storage facility or sitting out a tornado, they're probably fine. 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. Press question mark to learn the rest of the keyboard shortcuts. There are so many false claims, I don't know where to begin. Rising S bunkers range from $40,000 to well over $8 million. PRAC. Feuds between two competing companies benefit the end consumer the overwhelming majority of the time and this is no exception. & REM. There is no statutory authority for this court to review the denial of Atlas's motion to strike. If you have any questions, please dont hesitate to give us a call. The party asserting the commercial speech exemption bears the burden of proving its applicability by a preponderance of the evidence. Gen. Laws 960, 961-62 (amended 2019); TEX. Your confidentiality and safety is our greatest concern. I wonder what Matt is alluding to when he talks about problems with Ron. 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. 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. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. It's an interesting idea but aren't there also questions about long term feasibility with them? 21.001(3). See Hawkins , 606 S.W.3d at 44 n.2. & REM. 2015). Rising S Company leads the industry in innovation and engineering underground shelters. 27.001-.011 (West 2020). Say we owe over $22,000.00 for the rest of their so called contract !!!!!! & REM. Advertisers above have met our REBUTTAL BOX denied); Grant v. Pivot Tech. See TEX. Any publicity is good publicity. Oct. 13, 2015, pet. See TEX. 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. 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. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. CIV. Finally Atlas ha. Rising S Company leads the industry in innovation and engineering underground shelters. 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. Justice Opinion delivered November 18, 2020. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. 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. It may not be copied without the written permission of Ripoff Report. Commercial Speech Exemption. & REM. We have some great clients and we love hearing from them. 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 fourth issue. 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. 2,479 followers. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. This is part of their "maintenance" I'm supposed to telepathically know even though it contradicts their website statements. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. I would like to thank you for taking the time to review Rising S Company. 341, 2, 2011 Tex. He claims these dissatisfied customers improperly installed their own bunker after purchasing it from him. 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. Atlas also contends there is no nexus between the statements and a commercial transaction. NO. See TEX. What does that mean? You can call Rising S Company LLC directly at 214-455-0560. App.San Antonio 2019, no pet.). We overrule Atlas's first issue. See TEX. The applicable version of Section 27.005(a) required the trial court to rule on a TCPA dismissal motion not later than the thirtieth day following the date of the hearing on the motion. CODE ANN. 27.003(a) (current statute provides that the party responding to motion to dismiss shall file the response not later than seven days before the hearing unless otherwise provided by agreement of the parties or order of the court). CIV. All rights reserved. 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. Hanafin , 104 S.W.3d 884, 886 (Tex. Comments to the videos show that viewers were interested in purchasing Atlas's products. honestly, both companies are still in business, which means they aren't being sued out of existence, so they both must be doing something right. & REM. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. 21.001(3), TEX. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. 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. I own a corporation in Midland, Texas, and I am also a professional drag boat driver. Rising S Company Reviews are here to show you everyone who loves working with us. at 27.008(b). Americas largest bunker manufacturer. In its third issue, Atlas contends the trial court erred in denying its motion to strike Scott's response to his motion to dismiss as untimely. PRAC. CIV. PRAC. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. 27.005(a), TEX. Estimated amount consumers saved since 1997: $15,590,010,907. 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. Gen. Laws 960, 962 (amended 2019). 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. & REM. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. After Atlas filed its notice of appeal in this court, Scott moved to dismiss the appeal for want of jurisdiction because the notice of appeal was filed more than twenty days after the motion to dismiss was denied by operation of law. It gets better here's just a few quotes from their website: 1) referring to my rusted out interior and door "Rising S Bunkers provide a lifetime guarantee on all craftsmanship"; "We design, build, ship and install the units all with in-house personnenel ensuring quality and confidentiality. PRAC. 27.010(a)(2), TEX. 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! 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." CODE ANN. CIV. The conclusion. Hiding negative complaints is only a Band-Aid. 27.003(a)). they cannot deliver what they say an insane amount of money Pittsburgh Pennsylvania, Attorney Sharon K. Campbell COLLUDES with Wells Fargo Dallas Texas, BlackSwanCapital.co Black Swan Enterprises Peter Tumbas Black Swan Capital The offered guaranteed low-cost financing if I first stepped in high-cost short term financing New York New York, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! 27.005(d)); Castleman , 546 S.W.3d at 691. CODE ANN. 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. I mean why not lol. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. App.Houston [14th Dist.] Rising S Bunkers. Nothing to do with any drama. The difference between Rising S Bunkers and other companies is passion. 602-359-4357 when selection starts, press 5 then, three seconds later press 1 Say who you are! 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. Insurance for tough times. 14-15-00424-CV, 2015 WL 5935825, at *1 (Tex. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. "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. 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